INDIAN TREATIES. 7 Stat. 1 Treaty

The editor of this work has considered it obligatory upon him to exhibit, as preliminary matter to the treaties between the United States and the Indian tribes, the general principles which have been recognised by the Supreme Court of the United States in relation to the Indian tribes, the Indian title to the lands occupied by them, and the effect of treaties with them upon their claims to these lands, or the claims of others under Indian grants.

In the case of Johnson and Graham’s Lessee v. William M’Intosh, 8 Wheaton’s Reports, 513 ; 5 Condensed Reports, 515, Mr. Chief Justice Marshall, who delivered the opinion of the Court, said:

The plaintiffs in this cause claim the land, in their declaration mentioned, under two grants, purporting to be made, the first in 1773, and the last in 1775; by the chiefs of certain Indian tribes, constituting the Illinois and the Piankeshaw nations ; and the question is, whether this title can be recognised in the courts of the United States?

The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people ; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold. The inquiry, therefore, is, in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the courts of this country.

As the right of society, to prescribe those rules by which property may be acquired and preserved, is not and cannot be drawn into question ; as the title to lands, especially, is and must be admitted to depend entirely on the law of the nation in which they lie; it will be necessary, in pursuing this inquiry, to examine, not singly those principles of abstract justice, which the Creator of all things has impressed on the mind of his creature man, and which arc admitted to regulate, in a great degree, the rights of civilized nations, whose perfect independence is acknowledged; but those principles also which our own government has adopted in the particular case, and given us as the rule for our decision.

On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all ; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendency. The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity, in exchange for unlimited independence. But, as they were all in pursuit of nearly the same object, it was necessary, tn order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession.

1 2 INDIAN TREATIES.

The exclusion of all other Europeans, necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which, by others, all assented.

Those relations which were to exist between the discoverer and the natives, were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them.

In the establishment of these relations, the rights of the original inhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it.

While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate right to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy.

The history of America, from its discovery to the present day, proves, we think, the universal recognition of these principles.

Spain did not rest her title solely on the grant of the pope. Her discussions respecting boundary, with France, with Great Britain, and with the United States, all show that she placed it on the rights given by discovery. Portugal sustained her claim to the Brazils by the same title.

France, also, founded her title to the vast territories she claimed in America on discovery. However conciliatory her conduct to the natives may have been, she still asserted her right of dominion over a great extent of country not actually settled by Frenchmen, and her exclusive right to acquire and dispose of the soil which remained in the occupation of Indians. Her monarch claimed all Canada and Acadie, as colonies of France, at a time when the French population was very inconsiderable, and the Indians occupied almost the whole country. He also claimed Louisiana, comprehending the immense territories watered by the Mississippi, and the rivers which empty into it, by the tide of discovery. The letters patent granted to the Sieur Dements, in l(j03, constitute him lieutenant-general, and the representative of the king in Acadie, which is described as stretching from Ore 40th to the 46th degree of north latitude ; with authority to extend die power of the French over that country, and its inhabitants ; to give laws to the people, to treat with the natives, and enforce the observance of treaties ; and to parcel out and give title to lands, according to his own judgment.

The states of Holland also made acquisitions in America, and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith, in his history of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 43d degree of north latitude; and this country they claimed under the title acquired by this voyage. Their first object was commercial, as appears by a grant made to a company of merchants in 1014; but in 1621, the states-general made, as we are told by Mr. Smith, a grant of the country to the West India Company, by the name of New Netherlands.

The claim of the Dutch was always contested by the English; not because they questioned the title given by discovery, but because they insisted on being themselves the rightful claimants under that title. Their pretensions were finally decided by the sword.

No one of the powers of Europe gave its full assent to this principle more unequivocally than England, The documents upon this subject are ample and complete. So early as the year 1496, her monarch granted a commission to the Cabots to discover countries then unknown to Christian people, and to take possession of them in the name of the king of England. Two years afterwards, Cabot proceeded on this voyage, and discovered the continent of North America, along which he sailed as far south as Virginia. To this discovery the English trace their title.

In this first effort made by the English government to acquire territory on this continent, we perceive a complete recognition of the principle which has been mentioned. The right of discovery given by this commission is confined to countries then unknown to all Christian people and of those countries Cabot was empowered to take, possession in the name of the king of England. Thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathens, and, at the same time, admitting the prior title of any Christian people who may have made a previous discovery.

The same principle continued to be recognised. The charter granted to Sir Humphrey Gilbert, in 1578, authorizes him to discover and take possession of such remote, heathen, and barbarous lands as were not actually possessed by any Christian prince or people. This charter was afterwards renewed to Sir Walter Raleigh, in nearly the same terms.

By the charter of 1606, under which the first permanent English settlement on this continent was made, James I. granted to sir Thomas Gates and others, those territories in America lying on the sea-coast, between the 34th and 45th degrees of north latitude, and which either belonged to that monarch, or were not then possessed by any other Christian prince or people. The grantees were divided into two companies at their own request. The first, or southern colony, was directed to settle between the 34th and 41st degrees of north latitude; and the second, or northern colony, between the 38th and 45th degrees.

In 1609, after some expensive and not very successful attempts at settlement bad been made, a new and more enlarged charter was given by the crown to the first colony, in which the king granted to the “Treasurer and Company of Adventurers of the city of London for the first colony in Virginia,” in absolute property, the lands extending along the sea-coast four hundred miles, and into the land throughout from sea to sea. This charter, which is a part of the special verdict in this cause, was annulled, so far as respected the rights of the company, by the judgment of the court of king’s bench on a writ of quo warranto ; but the whole effect allowed to this judgment was, to revest in the crown the powers of government, and the title to the lands within its limits.

At the solicitation of those who held under the grant to the second or northern colony, a new and more enlarged charter was granted to the duke of Lenox and others, in 1620, who were denominated the Plymouth Company, conveying to them in absolute property all the lands between the 40th and 48th degrees of north latitude.

Under this patent, New England has been in a great measure settled. The company conveyed to Henry Rosewell and others, in 1627, that territory which is now Massachusetts ; and in 1628, a charter of incorporation, comprehending the powers of government, was granted to the purchasers.

Great part of New England was granted by this company, which, at length, divided their remaining lands among themselves; and, in 1635, surrendered their charter to the crown. A patent was granted to Gorges for Maine, which was allotted to him in the division of property.

All the grants made by the Plymouth Company, so far as we can learn, have been respected. In pursuance of the same principle, the king, in 1664, granted to the duke of York the country of New England as far4 south as the Delaware bay. His royal highness transferred New Jersey to lord Berkeley and sir George Carteret.

In 1663, the crown granted to lord Clarendon and others, the country lying between the thirty-sixth degree of north latitude and the river St. Mathes ; and, in 1666, the proprietors obtained from the crown a new charter, granting to them that province in the king’s dominions in North America which lies from thirty-six degrees thirty minutes north latitude to the twenty-ninth degree, and from the Atlantic ocean to the South sea. Thus has our whole country been granted by the crown while in the occupation of the Indians. These grants purport to convey the soil as well as the right of dominion to the grantees. In those governments which were denominated royal, where the right to the soil was not vested in individuals, but remained in the crown, or was vested in the colonial government, the king claimed and exercised the right of granting lands, and of dismembering the government at his will. The grants made out of the two original colonies, after the resumption of their charters by the crown, are examples of this. The governments of New England, New York, New Jersey, Pennsylvania, Maryland, and a part of Carolina, were thus created. In all of them, the soil, at the time the grants were made, was occupied by the Indians. Yet almost every title within those governments is dependent on these grants. In some instances, the soil was conveyed by the crown unaccompanied by the powers of government, as in the case of the northern neck of Virginia. It has never been objected to this, or to any other similar grant, that the title as well as possession was in the Indians when it was made, and that it passed nothing on that account.

These various patents cannot be considered as nullities ; nor can they be limited to a mere grant of the powers of government. A charter intended to convey political power only, would never contain words expressly granting the land, the soil and the waters. Some of them purport to convey the soil alone ; and in those cases in which the powers of government, as well as the soil, arc conveyed to individuals, the crown has always acknowledged itself to be bound by the grant. Though the power to dismember regal governments was asserted and exercised, the power to dismember proprietary governments was not claimed; and, in some instances, even after the powers of government were revested in the crown, the title of the proprietors to the soil was respected.

Charles II. was extremely anxious to acquire the property of Maine, but the grantees sold it to Massachusetts, and he did not venture to contest the right of that colony to the soil. The Carolinas were originally proprietary governments. In 1721 a revolution was effected by the people, who shook off their obedience to the proprietors, and declared their dependence immediately on the crown. The king, however, purchased the title of those who were disposed to sell. One of them, lord Carteret, surrendered his interest in the government, but retained his title to the soil. That title was respected till the revolution, when it was forfeited by the laws of war.

Further proofs of the extent to which this principle has been recognised, will be found in the history of the wars, negotiations and treaties, which the different nations, claiming territory in America, have carried on, and held with each other.

The contests between the cabinets of Versailles and Madrid, respecting the territory on the northern coast of the gulf of Mexico, were fierce and bloody: and continued, until the establishment of a Bourbon on the throne of Spain produced such amicable dispositions in the two crowns, as to suspend or terminate them.

Between France and Great Britain, whose discoveries as well as settle meats were nearly contemporaneous, contests for the country actually covered by the Indians, began as soon as their settlements approached5 each other, and were continued until finally settled in the year 1763, by the treaty of Paris.

Each nation had granted and partially settled the country, denominated by the French, Acadie, and by the English, Nova Scotia. By the twelfth article of the treaty of Utrecht, made in 1703, his most Christian majesty ceded to the Queen of Great Britain, “all Nova Scotia or Acadie, with its ancient boundaries.” A great part of the ceded territory was in the possession of the Indians, and the extent of the cession could not be adjusted by the commissioners to whom it was to be referred.

The treaty of Aix la Chapelle, which was made on the principle of the status ante bellum, did not remove this subject of controversy. Commissioners for its adjustment were appointed, whose very able and elaborate, though unsuccessful arguments, in favour of the tide of their respective sovereigns, show how entirely each relied on the title given by discovery to lands remaining in the possession of Indians.

After the termination of this fruitless discussion, the subject was transferred to Europe, and taken up by the cabinets of Versailles and London. This controversy embraced not only the boundaries of New England, Nova Scotia, and that part of Canada which adjoined those colonies, but embraced our whole western country also. France contended not only that the St. Lawrence was to be considered as the centre of Canada, but that the Ohio was within that colony. She founded this claim on discovery, and on having used that river for the transportation of troops, in a war with some southern Indians.

This river was comprehended in the chartered limits of Virginia; but, though the right of England to a reasonable extent of country, in virtue of her discovery of the seacoast, and of the settlements she made on it, was not to be questioned ; her claim of all the lands to the Pacific ocean, because she had discovered the country washed by the Atlantic, might, without derogating from the principle recognised by all, lie deemed extravagant. It interfered, too, with the claims of France, founded on the same principle. She therefore sought to strengthen her original title to the lauds in controversy, by insisting that it had been acknowledged by France in the fifteenth article of the treaty of Utrecht. The dispute respecting the construction of that article, has no tendency to impair the principle, that discovery gave a title to lands still remaining in the possession of the Indians. Whichever title prevailed, it was still a title to lands occupied by the Indians, whose right of occupancy neither controverted, and neither had then extinguished.

These conflicting claims produced a long and bloody war, which was terminated by the conquest of the whole country east of the Mississippi. In the treaty of 1763, France ceded and guarantied lo Great Britain, nil Nova Scotia or Acadie, and Canada, with their dependencies ; and it was agreed, that the boundaries between the territories of the two nations, in America, should be irrevocably fixed by a line drawn from the source of the Mississippi, through the middle of that river and the lakes Maurepas and Ponchartrain, to the sea. This treaty expressly cedes, and has always been understood to cede, the whole country, on the English side of the dividing line, between the two nations, although a great and valuable part of it was occupied by the Indians. Great Britain, on her part, surrendered to France all her pretensions to the country west of the Mississippi. It has never been supposed that she surrendered nothing, although she was not in actual possession of a foot of land. She surrendered all right to acquire the country; and any after attempt to purchase it from the Indians, would have been considered and treated as an invasion of the territories of France.

By the 20th article of the same treaty, Spain ceded Florida, with its dependencies, and all the countries she claimed east or south-east of the Mississippi, to Great Britain. Great part of this territory also was in possession of the Indians.

By a secret treaty, which was executed about the same time, France ceded Louisiana to Spain; and Spain has since retroceded the same country to France. At the time both of its cession and retrocession, it was occupied, chiefly, by the Indians.

Thus, all the nations of Europe, who have acquired territory on this continent, have asserted in themselves, and have recognised in others, the exclusive right of the discoverer to appropriate the lands occupied by the Indians. Have the American States rejected or adopted this principle?

By the treaty which concluded the war of our revolution, Great Britain relinquished all claim, not only to the government, but to the “propriety and territorial rights of the United States,” whose boundaries were fixed in the second article. By this treaty the powers of government, and the right to soil, which had previously been in Great Britain, passed definitively to these states. We had before taken possession of them, by declaring independence ; but neither the declaration of independence, nor the treaty confirming it, could give us more than that which we before possessed, or to which Great Britain was before entitled. It has never been doubted, that either the United States, or the several states, had a clear title to all the lands within the boundary lines described in the treaty, subject only to the Indian right of occupancy, and that the exclusive power to extinguish that right, was vested in that government which might constitutionally exercise it.

Virginia, particularly within those chartered limits the land in controversy lay, passed an act, in the year 1779, declaring her “exclusive right of pre-emption from the Indians, of all the lands within the limits of her own chartered territory, and that no person or persons whatsoever, have, or ever had, a right to purchase any lands within the same, from any Indian nation, except only persons duly authorized to make such purchase ; formerly for the use and benefit of the colony, and lately for the commonwealth.” The act then proceeds to annul “all deeds made by Indians to individuals, for the private use of the purchasers.”

Without ascribing to this act the power of annulling vested rights, or admitting it to countervail the testimony furnished by the marginal note opposite to the title of the law, forbidding purchases from the Indians, in the revisais of the Virginia statutes, stating that law to be repealed, it may safely be considered as an unequivocal affirmance, on the part of Virginia, of the broad principle which had always been maintained, that the exclusive right to purchase from the Indians resided in the government.

In pursuance of the same idea, Virginia proceeded, at the same session, to open her land office for the sale of that country which now constitutes Kentucky, a country every acre of which was then claimed and possessed by Indians, who maintained their title with as much persevering courage as was ever manifested by any people.

The states, having within their chartered limits different portions of territory covered by Indians, ceded that territory, generally, to the United States, on conditions expressed in their deeds of cession, which demonstrate the opinion, that they ceded the soil as well-as jurisdiction, and that in doing so, they granted a productive fund to the government of the union. The lands in controversy lay within the chartered limits of Virginia, and were ceded with the whole country north-west of the river Ohio. This grant contained reservations and stipulations, which could only be made by the owners of the soil ; and concluded with a stipulation, that “all the lands in the ceded territory, not reserved, should be considered as a common fund, for the use and benefit of such of the United States as have become, or shall become members of the confederation,” &c., “according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever.”

The ceded territory was occupied by numerous and warlike tribes of7 Indians ; but the exclusive right of the United States to extinguish, their title, and to grant the soil, has never, we believe, been doubted.

After these states became independent, a controversy subsisted, between them and Spain respecting boundary. By the treaty of 1795, this controversy was adjusted, and Spain ceded to the United States the territory in question. This territory, though claimed by both nations, was chiefly in the actual occupation of Indians.

The magnificent purchase of Louisiana, was the purchase from France of a country almost entirely occupied by numerous tribes of Indians, who are in fact independent. Yet, any attempt of others to intrude into that country, would be considered as an aggression which would justify war.

Our late acquisitions from Spain are of the same character, and the negotiations which preceded those acquisitions, recognise and elucidate the principle which has been received as the foundation of all European title in America.

The United States, then, have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold, and assert in themselves, the tide by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty as the circumstances of the people would allow them to exercise.

The power now possessed by the government of the United States to grant lands, resided, while we were colonies, in the crown, or its grantees. The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory m possession of the Indians. The existence of this power must negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons, or in different governments. An absolute, must be an exclusive title, or at least a title which excludes all others not compatible with it. All our institutions recognise the absolute title of the crown, subject only to the Indian right of occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians.

We will not enter into the controversy, whether agriculturists, merchants, and manufacturers, have a right, on abstract principles, to expel hunters from the territory they possess, or to contract their limits. Conquest gives a title which the courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respect-ing the original justice of the claim which has been successfully asserted. The British government, which was then our government, and whose rights have passed to the United States, asserted a title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them. These claims have been maintained and established as far west as the river Mississippi, by the sword. The title to a vast portion of the lands we now hold, originates in them. It is not for the courts of this country to question the validity of this title, or to sustain one which is incompatible with it.

Although we do not mean to engage in the defence of those principles which Europeans have applied to Indian title, they may, we think, find some excuse, if not justification, in the character and habits of the people whose rights have been wrested from them.

The title by conquest is acquired and maintained by force. The conqueror prescribes its limits. Humanity, however, acting on public opinion, has established, as a general rule, that the conquered shall not be wantonly oppressed, and that their condition shall remain ns eligible as is compatible with the objects of the conquest. Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the govern- 8ment with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Where this incorporation is practicable, humanity demands, and a wise policy requires, that the rights of the conquered to property should remain unimpaired ; that the new subjects should be governed, as equitably as the old, and that confidence in their security should gradually banish the painful sense of being separated from their ancient connexions, and united by force to strangers.

When the conquest is complete, and the conquered inhabitants can be blended with the conquerors, or safely governed as a distinct people, public opinion, which not even the conqueror can disregard, imposes these restraints upon him ; and he cannot neglect them without injury to his fame, and hazard to his power.

But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country a wilderness; to govern them as a distinct people, was impossible, because they were as brave and as high-spirited as they were fierce, and were ready to repel by arms every attempt on their independence.

What was the inevitable consequence of this state of things? The Europeans were under the necessity either of abandoning the country, and relinquishing their pompous claims to it, or of enforcing those claims by the sword, and by the adoption of principles adapted to the condition of a people with whom it was impossible to mix, and who could not lie governed as a distinct society, or of remaining in their neighbourhood, and exposing themselves and their families to the perpetual hazard of being massacred.

Frequent and bloody wars, in which the whites were not always the aggressors, unavoidably ensued. European policy, numbers, and skill, prevailed. As the white population advanced, that of the Indians necessarily receded. The country in the immediate neighbourhood of agriculturists became unfit for them. The game fled into thicker and more unbroken forests, and the Indians followed. The soil, to which the crown originally claimed title, being no longer occupied by its ancient inhabitants, was parcelled out according to the will of the sovereign power, and taken possession of by persons who claimed immediately from the crown, or mediately, through its grantees or deputies.

That law which regulates, and ought to regulate in general, the relations between the conqueror and conquered, was incapable of application to a people under such circumstances. The resort to some new and different rule, better adapted to the actual state of things, was unavoidable. Every rule which can be suggested will be found to be attended with great difficulty.

However extravagant the pretension of converting the discovery of an inhabited country into conquest may appear ; if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it ; if the property of the great mass of the community originates in it, it becomes the law of the land, and cannot be questioned. So, too, with respect to the concomitant principle, t-hat the Indian inhabitants are to be considered merely as occupants, to be protected, indeed, while in peace, in the possession of their lands, but to be incapable of transferring the absolute title to others. However this restriction may be opposed to natural right, and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by courts of justice.

It was doubted whether a state can be seised in fee of lands subject to the Indian title, and whether a decision that they were seised in fee, might9 not be construed to amount to a decision that their grantee might maintain an ejectment for them, notwithstanding that title. The majority of the court is of opinion that the nature of the Indian title, which is certainly to be respected by all courts until it be legitimately extinguished, is not such as to be absolutely repugnant to a seisin in fee on the part of the state. Fletcher v. Peck, 6 Cranch, 87 ; 2 Cond. Rep. 308.

The act of the 30th of March, 1802, having described what should be considered as the Indian country at that time, as well as at any future time when purchases of territory should be made of the Indians ; the carrying of spirituous liquors into a territory so purchased, after March, 1802, although the same should be at the time frequented and inhabited exclusively by Indians ; would not be an offence within the meaning of the before mentioned acts of congress, so as to subject the goods of the trader, found in company with those liquors, to seizure and forfeiture. American Fur Company. The United States, 3 Peters, 368.

The condition of the Indians, in relation to the United States, is perhaps unlike that of any other two people in existence. In general, nations not owing a common allegiance, are foreign to each other. The term foreign nation, is with strict propriety applicable by either to the other. But the relation of the Indians to the United States, is marked by peculiar and cardinal distinctions, which exist nowhere else. The Cherokee Nation in The State of Georgia, 5 Peters, 1.

The Indians are acknowledged to have an unquestionable, and heretofore an unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to the government. It may well be doubted, whether those tribes which reside within the acknowledged boundaries of the United States, can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title, independent of their will, which must take effect in point of possession, when their right of possession ceases ; meanwhile they are in a state of pupilage. Their relations to the United States resemble that of a ward to his guardian. They look to our government for protection ; rely upon its kindness and its power ; appeal to it for relief to their wants ; and address the President as their great father. Ibid.

The treaties and laws of the United States, contemplate the Indian territory as completely separated from that of the states ; and provide that all intercourse with them shall be carried on exclusively by the government of the Union. Worcester v. The State of Georgia, 6 Peters, 515.

The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial ; with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate, than the first discoverer of the coast of the particular region claimed : and this was a restriction which those European potentates imposed on themselves, as well as on the Indians. The very term “nation,” so generally applied to them, means “a people distinct from others.” The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those powers who are capable of making treaties. The words “treaty” and “nation” are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves ; having each a definite and well-understood, meaning. We have applied them to Indians, as we have applied them to other nations of the earth. They are applied to all in the same sense. Ibid.

One uniform rule seems to have prevailed in the British provinces in America, by which Indian lands were held and sold, from their first settlement, as appears by their laws ; that friendly Indians were protected in10 the possession of the lands they occupied, and were considered as owning them by a perpetual right of possession in the tribe or nation inhabiting them, as their common property, from generation to generation, not as the right of the individuals located on particular spots. Subject to this right of possession, the ultimate fee was in the crown, and its grantees ; which could be granted by the crown or colonial legislatures, while the lands remained m possession of the Indians ; though possession could not be taken without their consent. United States v. Clark, 9 Peters, 168.

Individuals could not, purchase Indian lands without permission or license from the crown, colonial governors, or according to the rules prescribed by colonial laws; but such purchases were valid with such license, or in conformity with the local laws : and by this union of the perpetual right of occupancy with the ultimate fee, which passed from the crown by the license, the title of the purchaser became complete. Ibid.

Indian possession or occupation was considered with reference to their habits and modes of life ; their hunting-grounds were as much in their actual possession, as the cleared fields of the whites ; and their rights to its exclusive enjoyment in their own way, and for their own purposes, were as much respected, until they abandoned them, made a cession to the government, or an authorized sale to individuals. In either case their rights became extinct, the lands could be grunted disencumbered of the right of occupancy, or enjoyed in full dominion by the purchasers from the Indians. Such was the tenure of Indian lands by the laws of Massachusetts, Connecticut, Rhode Island, New Hampshire, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia. Ibid.

Grants made by the Indians at public councils, since the treaty at Fort Stanwick’s, have been made directly to the purchasers, or to the state in which the land lies, in trust for them, or with directions to convey to them ; of which there are many instances of large tracts so sold and held ; especially in New York. Ibid.

It was an universal rule, that purchases made at Indian treaties, in the presence, and with the approbation of the officer under whose direction they were held by the authority of the crown, gave a valid title to the lands ; it prevailed under the laws of the states after the revolution, and yet continues in those where the right to the ultimate fee is owned by the states, or their grantees. It has been adopted by the United States, and purchases made at treaties held by their authority, have been always held good by the ratification of the treaty, without any patent to the purchasers from the United States. This rule in the colonies was founded on a settled rule of the Jaw of England, that by his prerogative, the king was the universal occupant of all vacant lands in his dominions, and had the right to grant them at his pleasure, or by his authorized officers. Ibid.

When the United States acquired and took possession of the Floridas, the treaties which had been made with the Indian tribes, before the acquisition of the territory by Spain and Great Britain, remained in force over all the ceded territory, as the laws which regulated the relations with all the Indians who were parties to them, and were binding on the United States, by the obligation they had assumed by the Louisiana treaty, as a supreme law of the land, which was inviolable by the power of congress They were also binding as the fundamental law of Indian rights ; acknowledged by royal orders, and municipal regulations of the province, as the laws and ordinances of Spain in the ceded provinces, which were declared to continue in force by the proclamation of the governor in .taking possession of the provinces ; and by the acts of congress, which assured all the inhabitants of protection in their property. It would be an unwarranted construction of these treaties, laws, ordinances and municipal regulations, to decide that the Indians were not to be maintained in the enjoyment of all the rights which they could have enjoyed under either, had the provinces remained under the dominion of Spain. It would be rather a11 perversion of their spirit, meaning and terms, contrary to the injunction of the law under which the court acts, which makes the stipulations of any treaty, the laws and ordinances of Spain, and these acts of congress, so far as either apply to this case, the standard rules for its decision. Ibid.

The treaties with Spain and England, before the acquisition of Florida by the United States, which guarantied to the Seminole Indians their lands according to the right of property with which they possessed them, were adopted by the United States ; who thus became the protectors of all the rights they had previously enjoyed, or could of right enjoy under Great Britain or Spain, as individuals or nations, by any treaty, to which the United States thus became parties in 1803. Ibid.

The Indian right to the lands as property, was not merely of possession, that of alienation was concomitant; both were equally secured, protected and guarantied by Great Britain and Spain, subject only to ratification and confirmation by the license, charter or deed from the governor representing the king. Such purchases enabled the Indians to pay their debts, compensate for their depredations on the traders resident among them to provide for their wants ; while they were available to the purchasers as payment of the considerations which at their expense had been received by the Indians. It would have been a violation of the faith of the government to both, to encourage traders to settle in the province, to put themselves and property in the power of the Indians, to suffer the latter to contract debts, and when willing to pay them by the only means in their power, a cession of their lands, withhold an assent to the purchase, which, by their laws or municipal regulations, was necessary to vest a title. Such a course was never adopted by Great Britain, in any of her colonies, nor by Spain in Louisiana or Florida. Ibid.

The laws made it necessary, when the Indians sold their lands, to have the deeds presented to the governor for confirmation. The sales by the Indians transferred the kind of right which they possessed ; the ratification of the sale by the governor, must be regarded as a relinquishment of the title of the crown to the purchaser; and no instance is known where permission to sell has been “refused, or the rejection of an Indian sale.”

The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still greater portion by the states of the Union after the revolution, were made for lands within the Indian hunting-grounds. North Carolina and Virginia to a great extent paid their officers and soldiers of the revolutionary war by such grants, and extinguished the arrears due the army by similar means. It was one of the great resources which sustained the war, not only by those states, but by other states. The ultimate fee, encumbered with the right of Indian occupancy, was in the crown previous to the revolution, and in the states of the Union afterwards, and subject to grant. This right of occupancy was protected by the political power, and respected by the courts, until extinguished, when the patentee took the encumbered fee. So the supreme court and the state courts have uniformly held. Clark v. Smith, 13 Peters, 195.

September 17, 1778 Convention 7 Stat. 14 ARTICLES OF AGREEMENT AND CONFEDERATION,

Sept. 17, 1778.

Made and entered into by Andrew and Thomas Lewis, Esquires, Commissioners for, and in Behalf of the United States of North-America of the one Part, and Capt. White Eyes, Capt. John Kill Buck, Junior, and Capt. Pipe, Deputies and Chief Men of the Delaware Nation of the other Part.

ARTICLE I.

That all offences or acts of hostilities by one, or either of the contracting

All offences mutually forgiven.

parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance.

ARTICLE II.

That a perpetual peace and friendship shall from henceforth take

Peace and friendship perpetual.

In case of war, each party to assist the other.

place, and subsist between the contracting parties aforesaid, through all succeeding generations : and if either of the parties are engaged in a just and necessary war with any other nation or nations, that then each shall assist the other in due proportion to their abilities, till, their enemies are brought to reasonable terms of accommodation: and that if either of them shall discover any hostile designs forming against the other, they shall give the earliest notice thereof, that timeous measures may be taken to prevent their ill effect.

ARTICLE III.

And whereas the United States are engaged in a just and necessary

U. S. to have free passage to forts or towns of their enemies.

war, in defence and support of life, liberty and independence, against the King of England and his adherents, and as said King is yet possessed of several posts and forts on the lakes and other places, the reduction of which is of great importance to the peace and security of the contracting parties, and as the most practicable way for the troops of the United States to some of the posts and forts is by passing through the country of the Delaware nation, the aforesaid deputies, on behalf of themselves and their nation, do hereby stipulate and agree to give a free passage through their country to the troops aforesaid, and the same to conduct by the nearest and best ways to the posts, forts or towns of the enemies of the United States, affording to said troops such supplies of corn, meat, horses, or whatever may be in their power for the accommodation of such troops, on the commanding officer’s, &c. paying, or engageing to pay, the full value of whatever they can supply them with. And the said deputies, on the behalf of their nation, engage to join the

Such warriors as can be spared, to join the troops of the U. S.

troops of the United States aforesaid, with such a number of their best and most expeart warriors as they can spare, consistent with their own safety, and act in concert with them ; and for the better security of the old men, women and children of the aforesaid nation, whilst their warriors are engaged against the common enemy, it is agreed on the part of the United States, that a fort of sufficient strength and capacity be built at the expense of the said States, with such assistance as it may be in the power of the said Delaware Nation to give, in the most convenient place, and advantageous situation, as shall be agreed on by the commanding officer of the troops aforesaid, with the advice and concurrence of the deputies of the aforesaid Delaware Nation, which fort shall be garrisoned by such a number of the troops of the United States, as the commanding officer can spare for the present, and hereafter by1314TREATY WITH THE DELAWARES. 1778. such numbers, as the wise men of the United States in council, shal, think most conducive to the common good.

ARTICLE IV.

Neither party to inflict punishment without an impartial trial.

For the better security of the peace and friendship now entered into by the contracting parties, against all infractions of the same by the citizens of either party, to the prejudice of the other, neither party shall proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can be had by judges or juries of both parties, as near as can be to the laws, customs and usages of the contracting parties and natural justice: The mode of such tryals to be hereafter fixed by the wise men of the United States in Congress assembled, with the assistance of such deputies of the Delaware nation, as may be appointed to act in concert with them

Nor protect criminal fugitives, &c.

in adjusting this matter to their mutual liking. And it is further agreed between the parties aforesaid, that neither shall entertain or give countenance to the enemies of the other, or protect in their respective states, criminal fugitives, servants or slaves, but the same to apprehend, and secure and deliver to the State or States, to which such enemies, criminals, servants or slaves respectively belong.

ARTICLE V.

Agent to be appointed by the U. S. to trade with the Delaware nation.

Whereas the confederation entered into by the Delaware nation and the United States, renders the first dependent on the latter for all the articles of cloathing, utensils and implements of war, and it is judged not only reasonable, but indispensibly necessary, that the aforesaid Nation be supplied with such articles from time to time, as far as the United States may have it in their power, by a well-regulated trade, under the conduct of an intelligent, candid agent, with an adequate sallery, one more influenced by the love of his country, and a constant attention to the duties of his department by promoting the common interest, than the sinister purposes of converting and binding all the duties of his office to his private emolument : Convinced of the necessity of such measures, the Commissioners of the United States, at the earnest solicitation of the deputies aforesaid, have engaged in behalf of the United States, that such a trade shall be afforded said nation, conducted on such principals of mutual interest as the wisdom of the United States in Congress assembled shall think most conducive to adopt for their mutual convenience.

ARTICLE VI.

U.S. guarantee to them all territorial rights as bounded by former treaties.

Whereas the enemies of the United States have endeavoured, by every artifice in their power, to possess the Indians in general with an opinion, that it is the design of the States aforesaid, to extirpate the Indians and take possession of their country : to obviate such false sugestion, the United States do engage to guarantee to the aforesaid nation of Delawares, and their heirs, all their teritoreal rights in the fullest and most ample manner, as it hath been bounded by former treaties, as long as they the said Delaware nation shall abide by, and hold fast the chain of friendship now entered into. And it is further agreed on between the contracting parties should it for the future be found conducive for the mutual interest of both parties to invite any other tribes who have been friends to the interest of the United States, to join the present confederation, and to form a state whereof the Delaware nation

To have a representation in Congress on certain conditions.

shall be the head, and have a representation in Congress : Provided, nothing contained in this article to be considered as conclusive until it meets with the approbation of Congress. And it is also tire intent and meaning of this article, that no protection or countenance shall beTREATY WITH THE SIX NATIONS. 1784.15 afforded to any who are at present our enemies, by which they might escape the punishment they deserve.

In witness whereof, the Parties have hereunto interchangeably sett their Hands and Seals at Fort-Pitt, September seventeenth, Anno Domini one thousand seven hundred and seventy-eight.

Andrew Lewis,

Thomas Lewis,

White Eyes,

The Pipe,

John Kill Buck.

in presence of

Lachn. M’Intosh, B. General, commander the western department. Daniel Brodhead, Col. 8th Pennsylvania regiment. W. Crawford, Col. John Campbell. John Stephenson. Jno. Gibson, Col. 13th Virginia regiment. A. Graham, Brigade Major. Lachn. M’Intosh, jun. Major Brigade. Benjamin Mills. Joseph L. Finley, Capt. 8th Pennsylvania regiment. John Finley, Capt. 8th Pennsylvania regiment.

To the Indian names are subjoined a mark ami seal.

October 22, 1784 Convention 7 Stat. 15 ARTICLES

Oct. 22, 1784.

Concluded at Fort Slanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, between Oliver Wolcott, Richard Butler, and Arthur Lee, Commissioners Plenipotentiary from the United States, in Congress assembled, on the one Part, and the Sachems and Warriors of the Six Nations, on the other.

The United States of America give peace to the Senecas, Mohawks, Onondagas and Cayugas, and receive them into their protection upon the following conditions :

ARTICLE I.

Six hostages shall be immediately delivered to the commissioners by

Hostages to be given till prisoners are delivered up.

the said nations, to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senecas, Mohawks, Onondagas and Cayugas, or by any of them, in the late war, from among the people of the United States, shall be delivered up.

ARTICLE II.

The Oneida and Tuscarora nations shall be secured in the possession

Possession of lands secured.

of the lands on which they are settled.

ARTICLE III.

A line shall be drawn, beginning at the mouth of a creek about four

Boundaries.

miles east of Niagara, called Oyonwayea, or Johnston’s Landing-Place, upon the lake named by the Indians Oswego, and by us Ontario ; from thence southerly in a direction always four miles east of the carrying-path, between Lake Erie and Ontario, to the mouth of Tehoseroron or Buffaloe Creek on Lake Erie ; thence south to the north boundary of the state of Pennsylvania ; thence west to the end of the said north boundary ; thence south along the west boundary of the said state, to the river Ohio ; the said line from the mouth of the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all16TREATY WITH THE WYANDOTS, ETC, 1785. claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit east and north of the same, reserving only six miles square round the fort of Oswego, to the United States, for the support of the same.

ARTICLE IV.

Good a given to the Indians.

The Commissioners of the United States, in consideration of the present circumstances of the Six Nations, and in execution of the humane and liberal views of the United States upon the signing of the above articles, will order goods to be delivered to the said Six Nations for their use and comfort.

Oliver Wolcott,

Richard Butler,

Arthur Lee.

Oneidas.

Otyadonenghti,

Dagaheari.

Mohawks.

Onogwendahonji,

Towighnatogoo.

Cayuga.

Oragbgoanendagen.

Onondagas.

Oheadarighton,

Kendarindgon.

Tuscarora.

Ononghsawenghti,

Tharondawagen.

Senecas.

Toyagonendagighti,

Tehonwaeaghriyagi.

Seneca Abeal.

Kayenthoghke.

Witnesses:—Sam. Jo. Atlee, Wm. Maclay, Fras. Johnston, Pennsylvania Commissioners. Aaron Hill, Alexander Campbell, Saml. Kirkland, Miss’y. James Dean, Saml. Montgomery. Derick Lane, Capt. John Mercer, Lieut. William Pennington, Lieut. Mahlon Ford, Ensign. Hugh Peebles.

To the Indian names are subjoined a mark and seal.

January 21, 1785 Treaty 7 Stat. 16 ARTICLES OF A TREATY

Jan. 21, 1785.

Concluded at Fort M’Intosh, the twenty-first day of January, one thousand seven hundred and eighty five, between the Commissioners Plenipotentiary of the United States of America, of the one Part, and the Sachems and Warriors of the Wiandot, Delaware, Chippawa and Ottawa Nations of the other.

The Commissioners Plenipotentiary of the United States in Congress assembled, give peace to the Wiandot, Delaware, Chippawa, and Ottawa nations of Indians, on the following conditions:

ARTICLE I.

Hostages to be given till prisoners are restored.

Three chiefs, one from among the Wiandot, and two from among the Delaware nations, shall be delivered up to the Commissioners of the United States, to be by them retained till all the prisoners, white and black, taken by the said nations, or any of them, shall be restored.

ARTICLE II.

Indians acknowledge protection of U. S.

The said Indian nations do acknowledge themselves and all their tribes to be under the protection of the United States and of no other sovereign whatsoever.

TREATY WITH THE WYANDOTS, ETC. 1785. 17

ARTICLE III.

The boundary line between the United States and the Wiandot and

Boundaries.

Delaware nations, shall begin at the mouth of the river Cayahoga, and run thence up the said river to the portage between that and the Tuscarawas branch of Meskingum; then down the said branch to the forks at the crossing place above Fort Lawrence ; then westerly to the portage of the Big Miami, which runs into the Ohio, at the mouth of which branch the fort stood which was taken by the French in one thousand seven hundred and fifty-two; then along the said portage to the Great Miami or Ome river, and down the south-east side of the same to its mouth ; thence along the south shore of lake Erie, to the mouth of Cayahoga where it began.

ARTICLE IV.

The United States allot all the lands contained within the said lines

Reserves.

to the Wiandot and Delaware nations, to live and to hunt on, and to such of the Ottawa nation as now live thereon ; saving and reserving for the establishment of trading posts, six miles square at the mouth of Miami or Ome river, and the same at the portage on that branch of the Big Miami which runs into the Ohio, and the same on the lake of Sanduske where the fort formerly stood, and also two miles square on each side of the lower rapids of Sanduske river, which posts and the lands annexed to them, shall be to the use and under the government of the United States.

ARTICLE V.

If any citizen of the United States, or other person not being an Indian,

No citizen of U. S. to settle on Indian lands.

shall attempt to settle on any of the lands allotted to the Wiandot and Delaware nations in this treaty, except on the lands reserved to the United States in the preceding article, such person shall forfeit the protection of the United States, and the Indians may punish him as they please.

ARTICLE VI.

The Indians who sign this treaty, as well in behalf of all their tribes

Indians recognise title of U.S. to certain described lands.

as of themselves, do acknowledge the lands east, south and west of the lines described in the third article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall resume to settle upon the same, or any part of it.

ARTICLE VII.

The post of Detroit, with a district beginning at the mouth of the

Post at Detroit reserved.

river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, till it strikes the lake St. Clair, shall be also reserved to the sole use of the United States.

ARTICLE VIII.

In the same manner the post of Michillimachenac with its dependencies,

Post at Michillimachenac reserved.

and twelve miles square about the same, shall be reserved to the use of the United States.

ARTICLE IX.

If any Indian or Indians shall commit a robbery or murder on any

Robbers and murderers to be delivered to U. S.

citizen of the United States, the tribe to which such offenders may belong, shall be bound to deliver them up at the nearest post, to be punished according to the ordinances of the United States.

18 TREATY WITH THE CHEROKEES. 1785.

ARTICLE X.

Goods to be distributed.

The Commissioners of the United States, in pursuance of the humane and liberal views of Congress, upon this treaty’s being signed, will direct goods to be distributed among the different tribes for their use and comfort.

Treaty 7 Stat. 18 SEPARATE ARTICLE.

Provision for certain Indians.

It is agreed that the Delaware chiefs, Kelelamand or lieutenant-colonel Henry, Ilengue Pushees or the Big Cat, Wicocalind or Captain White Eyes, who took up the hatchet for the United States, and their families, shall be received into the Delaware nation, in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wiandot and Delaware nations in this treaty, as fully as if they had not taken part with America, or as any other person or persons in the said nations.

Geo. Clark,

Richard Butler,

Arthur Lee,

Daunghquat,

Abraham Kuhn,

Ottawerreri,

Hobocan,

Walendightun,

Talapoxio,

Wingenum,

Packelant,

Gingewanno,

Waanoos,

Konalawassee,

Shawnaqum,

Quecookkis.

Witnesses: Saml. J. Allee, Francis Johnston, Commissioners. Alexander Campbell, Jos. Harmar, Lieut. Col. Com’t. Alexander Lowrey. Joseph Nicholas, interpreter. I. Bradford. George Slaughter. Van Swearingen. John Boggs. G. Evans. D. Luckett.

To the Indian names are subjoined a mark and seal.

November 23, 1785 Treaty 7 Stat. 18 ARTICLES

Nov. 23, 1785.

Concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan M’Intosh, Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other.

The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into the favour and protection of the United States of America, on the following conditions:

ARTICLE I.

Indians to restore all prisoners, &c.

The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty : They shall also restore all the Negroes, and ail other property taken during the late war from the citizens, to such person, and at such time and place, as the Commissioners shall appoint.

ARTICLE II.

U.S. to restore all prisoners.

The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable.

TREATY WITH THE CHEROKEES. 1785. 19

ARTICLE III.

The said Indians for themselves and their respective tribes and towns

Cherokees acknowledge protection of U. S.

do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.

ARTICLE IV.

The boundary allotted to the Cherokees for their hunting grounds,

Boundaries.

between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz. Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell’s line, near Cumberland gap ; thence to the mouth of Claud’s creek on Holstein ; thence to the Chimney-top mountain ; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey ; thence a southerly course six miles to a mountain; thence south to the North-Carolina line; thence to the South-Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river ; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.

ARTICLE V.

If any citizen of the United States, or other person not being an

No citizen of U. S. to settle on Indian lands.

Indian, shall attempt to settle on any of the lands westward or southward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please: Provided nevertheless, That this article shall not extend to the people settled between the fork of French Broad and Holstein rivers, whose particular situation shall be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agree to abide by.

ARTICLE VI.

If any Indian or Indians, or person residing among them, or who

Indians to deliver up criminals.

shall take refuge in their nation, shall commit a robbery, or murder, or other capital crime, on any citizen of the United States, or person under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the ordinances of the United States; Provided, that the punishment shall not be greater than if the robbery or murder, or other capita] crime had been committed by a citizen on a citizen.

ARTICLE VII.

If any citizen of the United States, or person under their protection,

Citizens of U. S. committing crimes against Indians to be punished.

shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes.

ARTICLE VIII.

Retaliation prohibited.

It is understood that the punishment of the innocent under the idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded first by a demand of justice, and if refused, then by a declaration of hostilities.

ARTICLE IX.

U. S. to regulate trade.

For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

ARTICLE X.

Special provision for trade.

Until the pleasure of Congress be known, respecting the ninth article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in tlieir persons and property, and kindly treated.

ARTICLE XI.

Indians to give notice of designs against U. S.

The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States.

ARTICLE XII.

Indians may send deputy to Congress.

That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress.

ARTICLE XIII.

Peace ond friendship perpetual.

The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal ; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all and every thing herein determined, between the United States of America, and all the Cherokees, We, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this twenty-eighth of November, in the year of our Lord one thousand seven hundred and eighty-five.

Benjamin Hawkins,

Andw. Pickens,

Jos. Martin,

Lach’n M’Intosh,

Koatohee, or Corn Tassel of Toquo,

Scholauetta, or Hanging Man of Chota,

Tuskegatahu, or Long Fellow of Chistohoe,

Ooskwha, or Abraham of Chilkowa,

Kolakusta, or Prince of Noth,

Newota, or The Gritzs of Cbicamaga,

Konatota, or the Rising Fawn of Highwassay,

Tuckasee, or Young Tarrapin of Allajoy.

Tooslaka, or the Waker of Oostanawa,

Untooia, or Gun Rod of Seteco,

Unsuokansil, Buffalo White Calf New Cuffee.

Kostayeak, or Sharp Fellow Wataga,

Chonosta, of Cowe,

Chescoonwho, Bird in close of Tomotlug,

Tuckasee, or Tarrapin of Hightowa,

Chesetoa, or the Rabbit of Tlacoa,

Chesecotetona, or Yellow Bird of the Pine Log,

Skelaloska, Second Man of Tillico,

TREATY WITH THE CHOCTAWS. 1786. 21

Chokasatahe, Chickasaw Killer Tasonta,

Onanoota, of Koosoatce,

Oukoseta, or Sower Mush of Kooloque,

Umatooetha, the Waler Hunter, Choikamawga,

Wyuka, of Lookout Mountain,

Tulco, or Tom of Chatuga,

Will, of Akoha,

Necatee, of Sawta,

Amokontakona, Kutcloa,

Kowetatahee, in Frog-Town,

Keukuch, Talkoa,

Tulatiska, of Chaway,

Wonaluka, the Way-layer, Chota,

Tatliusta, or Porpus of Tilassi,

John, of Little Tallico,

Skelelak,

Akonoluchta, the Cabin,

Cheanoka, of Kawetakac,

Yellow Bird.

Witness:—Wm. Blount. Saml. Taylor, Major. John Owen. Jess Walton. Jno. Cowan, Capt. Commandant. Thos. Gegg. W. Hazzard. Sworn Interpreters, James Madison, Arthur Coodey.

To the Indian names are subjoined a mark and seal.

January 3, 1786 Treaty 7 Stat. 21 ARTICLES OF A TREATY Concluded at Hopewell, on the Keowee, near Seneca Old Town,
Jan. 3, 1786.
between Benjamin Hawkins, Andrew Pickens and Joseph Martin, Commissioners Plenipotentiary of the United States of America, of the one part ; and Yockonahoma, great Medal Chief of Soonacoha ; Yockehoopoie, leading Chief of Bugtoogoloo ; Mingohoopoie, leading Chief of Hashooqua ; Tobocoh, great Medal Chief of Congetoo ; Pooshemastubie, Gorget Captain of Senayazo ; and thirteen small Medal Chiefs of the first Class, twelve Medal and Gorget Captains, Commissioners Plenipotentiary of all the Choctaw Nation, of the other part.

The Commissioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favour and protection of the United States of America, on the following conditions :

ARTICLE I.

The Commissioners Plenipotentiary of all the Choctaw nation, shall

Indians to restore prisoners.

restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty, if any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, and at such time and place as the Commissioners of the United States of America shall appoint, if any there be in the Choctaw nation.

ARTICLE II.

The Commissioners Plenipotentiary of all the Choctaw nation, do

They acknowledge the protection of U.S.

hereby acknowledge the tribes and towns of the said nation, and the lands within the boundary allotted to the said Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other sovereign whosoever.

ARTICLE III.

The boundary of the lands hereby allotted to the Choctaw nation to

Boundaries.

live and hunt on, within the limits of the United States of America, is and shall be the following, viz. Beginning at a point on the thirty-first degree of north latitude, where the Eastern boundary of the Natches 22TREATY WITH THE CHOCTAWS. 1786. district shall touch the same; thence east along the said thirty-first degree of north latitude, being the southern boundary of the United States of America, untill it shall strike the eastern boundary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the King of Great-Britain ; thence northerly along the said eastern boundary, untill it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, untill it shall meet the western boundary thereof; thence southerly along the same to the beginning: saving and reserving for the establishment of trading posts, three tracts or parcels of land of six miles square each, at such places as the United [States] in Congress assembled shall think proper ; which posts, and the lands annexed to them, shall be to the use and under the government of the United States of America.

ARTICLE IV.

No citizen of U. S. shall settle on Indian lands.

If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Indians to live and hunt on, such person shall forfeit the protection of the United States of America, and the Indians may punish him or not as they please.

ARTICLE V.

Indians to deliver up criminals.

If any Indian or Indians, or persons, residing among them, or who shall take refuge in their nation, shall commit a robbery or murder or other capital crime on any citizen of the United States of America, or person under their protection, the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled : Provided, that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.

ARTICLE VI.

Citizens of U. S. committing crimes against Indians to be punished.

If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Choctaws, if any will attend at the time and place ; and that they may have an opportunity so to do, due notice, if practicable, of the time of such intended punishment, shall be sent to some one of the tribes.

ARTICLE VII.

Retaliation restrained.

It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty ; and then it shah be preceded, first by a demand of justice, and if refused, then by a declaration of hostilities.

ARTICLE VIII.

U. S. to regulate trade.

For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

ARTICLE IX.

Special provision for trade.

Untill the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have23 liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and property, and kindly treated.

ARTICLE X.

The said Indians shall give notice to the citizens of the United States

Indians to give notice of designs against U. S.

of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America,

ARTICLE XI.

The hatchet shall be forever buried, and the peace given by the United

Peace and friendship perpetual.

States of America, and friendship re-established between the said states on the one part, and all the Choctaw nation on the other part, shall be universal ; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all and every thing herein determined, between the United States of America and all the Choctaws, we, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this third day of January, in the year of our Lord one thousand seven hundred and eighty-six.

Benjamin Hawkins,

Andw. Pickens,

Jos. Martin,

Yockenahoma,

Yockehoopoie,

Mingohoopoie,

Tobocoh,

Pooshemastuby,

Pooshahooma,

Tuscoonoohoopoie,

Shinshemastuby,

Yoopakooma,

Stoonokoohoopoie,

Tebakuhbay,

Pooshemastuby,

Tuskkahoomoch,

Tushkahoomoch,

Yoostenochha,

Tootchooma,

Toobenohoomoch,

Cshecoopoohoomoch,

Slonakoohoopoie,

Tushkoheegohba,

Teshuhenochloch,

Pooshonaltla,

Okanconnooba,

Autoonachuba,

Pangokooloch,

Steabee,

Tenotehenna,

Tushkementahoch,

Tushtalla,

Cahuaangchabba,

Cunnopoie.

Witness:—Wm. Blount, John Woods, Saml. Taylor, Robert Anderson, Benj. Lawrence, John Pitchlynn, James Cole, Interpreters.

To the Indian names are subjoined a mark and seal.

January 10, 1786 Treaty 7 Stat. 24 ARTICLES OF A TREATY,

Jan. 10, 1786.

Concluded at Hopewell, on the Keowée, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens, and Joseph Martin , Commissioners Plenipotentiary of the United States of America, of the one Part ; and Piomingo, Head Warrior and First Minister of the Chickasaw Mation ; Mingatushka, one of the leading Chiefs; and Latopoia, first beloved Man of the said Malian, Commissioners Plenipotentiary of all the Chickasaws of the other Part.

The Commissioners Plenipotentiary of the United States of America give peace to the Chickasaw Nation, and receive them into the favour and protection of the said States, on the following conditions ;

ARTICLE I.

Indians tn restore prisoners and property.

The Commissioners Plenipotentiary of the Chickasaw nation, shall restorq all the prisoners, citizens of the United States, to their entire liberty, if any there be in the Chickasaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, if any there be in the Chickasaw nation, to such person, and at such time and place, as the Commissioners of the United States of America shall appoint.

ARTICLE II.

Acknowledge protection of United States.

The Commissioners Plenipotentiary of the Chickasaws, do hereby acknowledge the tribes and the towns of the Chickasaw nation, to be under the protection of the United States of America, and of no other sovereign whosoever.

ARTICLE III.

Boundaries.

The boundary of the lands hereby allotted to the Chickasaw nation to live and hunt on, within the limits of the United States of America, is, and shall be the following, viz. Beginning on the ridge that divides the waters running into the Cumberland, from those running into the Tenessee, at a point in a line to be run north-east, which shall strike the Tenessee, at the mouth of Duck river; thence running westerly along the said ridge, till it shall strike the Ohio; thence down the southern banks thereof to the Missisippi ; thence down the same, to the Choctaw line or Natches district ; thence along the said line, or the line of the district eastwardly as far as the Chickasaws claimed, and lived and hunted on, the twenty-ninth of November, one thousand seven hundred and eighty-two. Thence the said boundary, eastwardly, shall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at present in the possession of the Creeks; saving and reserving for the establishment of a trading post, a tract or parcel of land to be laid out at the lower port of the Muscle shoals, at the mouth of Ocochappo, in a circle, the diameter of which shall be five miles on the**The name of the river is not in the original. river, which post, and the lands annexed thereto, shall be to the use and under the government of the United States of America.

24 TREATY WITH THE CHICKASAWS. 1786. 25

ARTICLE IV.

If any citizen of the United States, or other person not being an

No citizen of U.S. shall settle on Indian lands.

Indian, shall attempt to settle on any of the lands hereby allotted to the Chickasaws to live and hunt on, such person shall forfeit the protection of the United States of America, and the Chickasaws may punish him or not as they please.

ARTICLE V.

If any Indian or Indians, or persons residing among them, or who

Indians to deliver up criminals.

shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States, or person under their protection, the tribe to which such offender or offenders may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled : Provided, that the punishment shall not be greater, than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.

ARTICLE VI.

If any citizen of the United States of America, or person under

Citizens of U. S. committing crimes against Indians to be punished.

their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder or other capital crime had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Chickasaws, if any will attend at the time and place, and that they may have an opportunity so to do, due notice, if practicable, of such intended punishment, shall be sent to some one of the tribes.

ARTICLE VII.

It is understood that the punishment of the innocent under the idea

Retaliation restrained.

of retaliation is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of justice, and if refused, then by a declaration of hostilities.

ARTICLE VIII.

For the benefit and comfort of the Indians, and for the prevention of

U. S. to regulate trade.

injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

ARTICLE IX

Untill the pleasure of Congress be known respecting the eighth

Special provision for trade.

article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Chickasaws to trade with them, and they shall be protected in their persons and property, and kindly treated.

ARTICLE X.

The said Indians shall give notice to the citizens of the United States

Indians to give notice of designs against U.S.

of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interests of the United States of America.

ARTICLE XI.

The hatchet shall be forever buried, and the peace given by the

Peace and friendship perpetual.

United States of America, and friendship re-established between the said States on the one part, and the Chickasaw nation on the other part, shall be universal ; and the contracting parties shall use their utmost26TREATY WITH THE SHAWNEES. 1786. endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all and every thing herein contained, between the said States and Chickasaws, we, their under-written Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this tenth day of January, in the Year of our Lord, one thousand seven hundred and eighty-six.

Benjamin Hawkins,

Andw. Pickens,

Jos. Martin,

Piomingo,

Mingatushka,

Latopoia.

Witness:—Wm. Blount, Wm. Hazzard, Sam. Taylor. James Cole, Sworn Interpreter.

To the Indian names are subjoined a mark and anal.

January 31, 1786 Treaty 7 Stat. 26 ARTICLES OF A TREATY

Jan. 31, 1786.

Concluded at the Mouth of the Great Miami, on the North-western Bank of the Ohio, the thirty-first day of January, one thousand seven hundred and eighty-six, between the Commissioners Plenipotentiary of the United Slates of America, of the one Part, and the Chiefs and Warriors of the Shawanoe Nation, of the other Part.

ARTICLE I.

Hostages delivered till prisoners are restored.

Three hostages shall be immediately delivered to the Commissioners, to remain in the possession of the United States untill all the prisoners, white and black, taken in the late war from among the citizens of the United States, by the Shawanoe nation, or by any other Indian or Indians residing in their towns, shall be restored.

ARTICLE II.

Indians acknowledge the right of U. S. to territory ceded by Gr. Britain.

The Shawanoe nation do acknowledge the United States to be the sole and absolute sovereigns of all the territory ceded to them by a treaty of peace, made between them and the King of Great Britain, the fourteenth day of January, one thousand seven hundred and eighty-four.

ARTICLE III.

To deliver up criminals.

If any Indian or Indians of the Shawanoe nation, or any other Indian or Indians residing in their towns, shall commit murder or robbery on, or do any injury to the citizens of the United States, or any of them, that nation shall deliver such offender or offenders to the officer commanding the nearest post of the United States, to be punished according to the ordinances of Congress; and in like manner, any citizen of the United States, who shall do an injury to any Indian of the Shawanoe nation, or to any other Indian or Indians residing in their towns, and under their protection, shall be punished according to the laws of the United States.

ARTICLE IV.

To give notice of designs against U. S.

The Shawanoe nation having knowledge of the intention of any nation or body of Indians to make war on the citizens of the United27 States, or of their counselling together for that purpose, and neglecting to give information thereof to the commanding officer of the nearest post of the United States, shall be considered asparties in such war, and be punished accordingly : and the United States shall in like manner inform the Shawanoes of any injury designed against them.

ARTICLE V.

The United States do grant peace to the Shawanoe nation, and do

U. S. to give peace to the Shawanoe nation.

receive them into their friendship and protection,

ARTICLE VI.

The United States do allot to the Shawanoe nation, lands within their

Allot to them certain lands.

territory to live and hunt upon, beginning at the south line of the lands allotted to the Wiandots and Delaware nations, at the place where the main branch of the Great Miami, which falls into the Ohio, intersects said line ; then down the river Miami, to the fork of that river, next below the old fort which was taken by the French in one thousand seven hundred and fifty-two ; thence due west to the river de la Panse ; then down that river to the river Wabash, beyond which lines none of the citizens of the United States shall settle, nor disturb the Shawanoes in their settlement and possessions; and the Shawanoes do relinquish to the United States, all title, or pretence of title, they ever had to the lands east, west and south, of the east, west and south lines before described.

ARTICLE VII.

If any citizen or citizens of the United States, shall presume to settle

No citizen of U.S. to scute on Indian lands.

upon the lands allotted to the Shawanoes by this treaty, he or they shall be put out of the protection of the United States.

In testimony whereof, the parties hereunto have affixed their hands and seals, the day and year first above-mentioned.

G. Clark,

Richd. Butter,

Kami. H. Parsons,

Aweecony,

Kakawipilathy,

Malunthy,

Musquauconocah,

Meanymsecah,

Waupaucowela,

Nihipeewa,

Nihinessicoe,

Attest : Alexander Campbell, Sec’ry Commissioners.

WITNESSES :

W. Finney, Maj. B. B.

Thos. Doyle, Capt. B. B.

Nathan M’Dowell, Ensign,

John Saffenger,

Henry Govy,

Kagy Calloway,

John Boggs,

Sam. Montgomery,

Daniel Elliot,

James Rinker,

Nathl. Smith,

Joseph Suffrein, or Kemepomo Shawno,

Isaac Zane, (Wiandot)

The Half King of the Wiandots,

The Crane of the Wiandots,

Capt. Pipe, of the Delawares,

Capt. Bohongeholas,

Tetebockshicha,

The Big Cat of the Delawares,

Pierre Droullar.

To the Indian names are subjoined a mark end seal.

January 9, 1789 Treaty 7 Stat. 28 ARTICLES OF A TREATY

Jan. 9, 1789.

Proclamation of the President of the U. S., stating that the treaty had been duly ratified, Sept. 27, 1789.

Made at Fort Harmar, between Arthur St. Clair, Governor of the Territory of the United States NorthWest of the Hiver Ohio, and Commissioner Plenipotentiary of the United States of America, for removing all Causes of Controversy, regulating Trade, and settling Boundaries, with the Indian Nations in the Northern Department, of the one Part ; and the Sachems and Warriors of the Wiandot, Delaware, Ottawa, Chippewa, Pattawatima and Sac Nations, on the other Part.

ARTICLE I.

Two persons as hostages to be retained by U. S. until certain prisoners are restored.

Whereas the United States in Congress assembled, did, by their Commissioners George Rogers Clark, Richard Butler, and Arthur Lee, Esquires, duly appointed for that purpose, at a treaty holden with the Wiandot, Delaware, Ottawa and Chippewa nations, at Fort M’Intosh, on the twenty-first day of January, in the year of our Lord one thousand seven hundred and eighty-five, conclude a peace with the Wyandots,

Ante, p, 16.

Delawares, Ottawas and Chippewas, and take them into their friendship and protection : And whereas at the said treaty it was stipulated that all prisoners that had been made by those nations, or either of them, should be delivered up to the United States. And whereas the said nations have now agreed to and with the aforesaid Arthur St. Clair, to renew and confirm all the engagements they had made with the United States of America, at the before mentioned treaty, except so far as are altered by these presents. And there are now in the possession of some individuals of these nations, certain prisoners, who have been taken by others not in peace with the said United States, or in violation of the treaties subsisting between the United Slates and them ; the said nations agree to deliver up all the prisoners now in their hands (by what means soever they may have come into their possession) to the said Governor St. Clair, at Fort Harmar, or in his absence, to the officer commanding there, as soon as conveniently may be; and for the true performance of this agreement, they do now agree to deliver into his hands, two persons of the Wyandot Nation, to be retained in the hands of the United States as hostages, until the said prisoners are restored ; after which they shall be sent back to their nation.

ARTICLE II.

Boundary line formerly fixed, renewed and confirmed.

And whereas at the before mentioned treaty it was agreed between the United States and said nations, that a boundary line should be fixed between the lands of those nations and the territory of the United States; which boundary is as follows, viz.—Beginning at the mouth of Cayahoga river, and running thence up the said river to the portage between that and the Tuscarawa branch of Muskingum, then down the said branch to the forks at the crossing-place above fort Lawrence, thence westerly to the portage on that branch of the Big Miami river which runs into the Ohio, at the mouth of which branch the fort stood which was taken by the French in the year of our Lord one thousand seven hundred and fifty-two, then along the said portage to the Great Miami or Omie river, and down the south-east side of the same to its mouth; thence along the southern shore of Lake Erie to the mouth of Cayahoga, where it began. And the said Wyandot, Delaware, Ottawa and Chippewa Nations, for and in consideration of the peace then granted to them by the28 TREATY WITH THE WYANDOTS, ETC. 1789.29said United States, and the presents they then received, as well as of a quantity of goods to the value of six thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do by these presents renew and confirm the said boundary line; to the end that the same may remain as a division line between the lands of the United States of America, and the lands of said nations, forever. And the undersigned Indians do hereby in their own names,

Lands ceded to U. S.

and the names of their respective nations and tribes, their heirs and descendants, for the consideration above-mentioned, release, quit claim, relinquish and cede to the said United States, all the land east, south and west of the lines above described, so far as the said Indians formerly claimed the same ; for them the said United States to have and to hold the same in true and absolute propriety forever.

ARTICLE III.

The United States of America do by these presents relinquish and

U.S. quit-claim to certain lands. Indians not at liberty to dispose of said ands, except, &c.

quit claim to the said nations respectively, all the lands lying between the limits above described, for them the said Indians to live and hunt upon, and otherwise to occupy as they shall see fit : But the said nations, or either of them, shall not be at liberty to sell or dispose of the same, or any part thereof, to any sovereign power, except the United States; nor to the subjects or citizens of any other sovereign power, nor to the subjects or citizens of the United States.

ARTICLE IV.

It is agreed between the said United States and the said nations, that

Indians at liberty to hunt on territory ceded tu U. S.

the individuals of said nations shall be at liberty to hunt within the territory ceded to the United States, without hindrance or molestation, so Jong ns they demean themselves peaceably, and offer no injury or annoyance to any of the subjects or citizens of the said United States.

ARTICLE V.

It is agreed that if any Indian or Indians of the nations before mentioned,

Individuals of one party committing murder or robbery on the other, to be delivered up for trial.

shall commit a murder or robbery on any of the citizens of the United States, the nation or tribe to which the offender belongs, on complaint being made, shall deliver up the person or persons complained of, at the nearest post of the United States; to the end, that he or they may be tried, and if found guilty, punished according to the Jaws established in the territory of the United States north-west of the river Ohio, for the punishment of such offences, if the same shall have been committed within the said territory; or according to the laws of the State where the offence may have been committed, if the same has happened in any of the United States. In like manner, if any subject or citizen of the United States shall commit murder or robbery on any Indian or Indians of the said nations, upon complaint being made thereof, he or they shall be arrested, tried and punished agreeable to the laws of the state or of the territory wherein the offence was committed ; that nothing may interrupt the peace and harmony now established between the United States and said nations.

ARTICLE VI.

And whereas the practice of stealing horses has prevailed very much,

Persons to be severely punished for stealing horses ; which may be reclaimed by the party to whom they belong.

to the great disquiet of the citizens of the United States, and if persisted in, cannot fail to involve both the United States of America and the Indians in endless animosity, it is agreed that it shall be put an entire stop to on both sides; nevertheless, should some individuals, in defiance of this agreement, and of the laws provided against such offences, continue to make depredations of that nature, the person convicted thereof shall be punished with the utmost severity the laws of the30 respective states, or territory of the United States north-west of the Ohio, where the offence may have been committed, will admit of: And all horses so stolen, either by the Indians from the citizens or subjects of the United States, or by the citizens or subjects of the United States from any of the Indian nations, may be reclaimed, into whose possession soever they may have passed, and, upon due proof, shall be restored; any sales in market ouvert, notwithstanding. And the civil magistrates in the United States respectively, and in the territory of the United States north-west of the Ohio, shall give all necessary aid and protection to Indians claiming such stolen horses.

ARTICLE VII.

Trade to be opened with the Indians; and protection afforded to those licensed to reside among them.

Trade shall be opened with the said nations, and they do hereby respectively engage to afford protection to the persons and property of such as may be duly licensed to reside among them for the purposes of trade, and to their agents, factors and servants ; but no person shall be permitted to reside at their towns, or at their hunting camps, as a trader, who is not furnished with a licence for that purpose, under the hand and seal of the Governor of the territory of the United States north- west of the Ohio, for the time being, or under the hand and sea! of one of his deputies for the management of Indian affairs; to the end that

Persons intruding without license to be apprehended and given up.

they may not be imposed upon in their traffick. And if any person or persons shall intrude themselves without such licence, they promise to apprehend him or them, and to bring them to the said Governor, or one of his deputies, for the purpose before mentioned, to be dealt with according to law : And that they may be defended against persons who might attempt to forge such licences, they further engage to give information to the said Governor, or one of his deputies, of the names of all traders residing among them from time to time, and at least once in every year.

ARTICLE VIII.

Notice to be given of war or harm known to he meditated against either party.

Should any nation of Indians meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before mentioned nations, or either of them, they do hereby engage to give immediate notice thereof to the Governor, or in his absence to the officer commanding the troops of the United States at the nearest post. And should any nation with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavour to prevent the same, and in like manner give information of such attempt to the said Governor or commanding officer, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States: In like manner the United States shall give notice to the said Indian nations, of any harm that may be meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.

ARTICLE IX.

No citizen of U.S. shall settle on Indian lands.

If any person or persons, citizens or subjects of the United States, or any other person not being an Indian, shall presume to settle upon the lands confirmed to the said nations, he and they shall be out of the protection of the United States; and the said nations may punish him or them in such manner as they see fit.

ARTICLE X.

Reservations by U. S. for trading posts.

The United States renew the reservations heretofore made in the before mentioned treaty at Fort M’Intosh, for the establishment of trading posts, in manner and form following ; that is to say : Six miles square at the mouth of the Miami or Omie river ; six miles square at the31 portage upon that branch of the Miami which runs into the Ohio ; six miles square upon the lake Sandusky where the fort formerly stood ; and two miles square upon each side the Lower Rapids on Sandusky river, which posts, and the lands annexed to them, shall be for the use and under the government of the United States.

ARTICLE XI.

The post at Detroit, with a district of land beginning at the mouth

The post at Detroit, &c. reserved.

of the river Rosine, at the west end of lake Erie, and running up the southern bank of said river six miles ; thence northerly, and always six miles west of the strait, until it strikes the lake St. Clair, shall be reserved for the use of the United States.

ARTICLE XII.

In like manner the post at Michilimackinac, with its dependencies,

The post at Michilimackinac, &c. reserved.

and twelve miles square about the same, shall be reserved to the sole use of the United States.

ARTICLE XIII.

The United States of America do hereby renew and confirm the

Peace and friendship renewed and confirmed.

peace and friendship entered into with the said nations, at the treaty before mentioned, held at Fort M’Intosh ; and the said nations again acknowledge themselves, and all their tribes, to be under the protection of the said United States, and no other power whatever.

ARTICLE XIV.

The United States of America do also receive into their friendship

The nations of Pattiwatimas and Sacs taken into protection of U. S.

and protection, the nations of the Pattiwatimas and Sacs; and do hereby establish a league of peace and amity between them respectively; and all the articles of this treaty, so far as they apply to these nations, are to be considered as made and concluded in all, and every part, expressly with them and each of them.

ARTICLE XV.

And whereas in describing the boundary before mentioned, the words,

Boundary line further explained.

if strictly constructed, would carry it from the portage on that branch of the Miami, which runs into the Ohio, over to the river Au Glaize; which was neither the intention of the Indians, nor of the Commissioners; it is hereby declared, that the line shall run from the said portage directly to the first fork of the Miami river, which is to the southward and eastward of the Miami village, thence down the main branch of the Miami river to the said village, and thence down that river to Lake Erie, and along the margin of the lake to the place of beginning.

Done at Fort Harmar, on the Muskingum, this ninth day of January, in the Year of our Lord one thousand seven hundred and eighty-nine. In Witness whereof, the Parties have hereunto interchangeably set their Hands and Seals.

Ar. St Clair,

Peoutewatamie,

Konatikina.

Sacs.

Tepakee,

Kesheyiva,

Chipeways,

Mesass,

Paushquash,

Pavrasicko.

Ottawas.

Wewiskia,

Neagoy.

Peoutewatamies.

Windigo,

Wapaskea,

Nequea.

Delawares.

Captain Pipe,

Wingenond,

Pekelan,

Teataway.

Chipeways.

Nanamakeak,

Welenasa,

Seskene,

Pewanakum.

Wyandots.

Teyandal’on Tec,

Cheyawe,

Doueycnteat,

Tarhe,

Terhataw,

Datasay,

Maudoronk,

Skahomat.

in presence of

Jos. Karmar, Lt. Col. Comt. 1st U. S. Regt, and Brigr. Genl, by Brevet ; Richard Buller; Jno. Gibson; Will. Mc.Curdey ; Capt, E. Denny, Eos. 1st U. S. Regt. ; A. Hartshorn, Ena. ; Robt. Thompson, Ens. 1st U.S. Regt.; Frans. L use, En s. ; J. Williams, jun.; Win. Wilson; Joseph Nicholas ; James Rinken.

To the Indian names are subjoined a seal.

Wyandots will dispossess the Shawaneae, if the latter will not be at peace.

Be it remembered, That the Wyandots have laid claim to the lands that were granted to the Shawanese, at the treaty held at the Miami, and have declared, that as the Shawanese have been so restless, and caused so much trouble, both to them and to the United States, if they will not now be nt peace, they will dispossess them, and take the country into their own hands ; for that the country is theirs of right, and the Shawanese are only living upon it by their permission. They further lay claim to all the country west of the Miami boundary, from the village to the lake Erie, and declare that it is now under their management and direction.

SEPARATE ARTICLE.

Two Wyandot villages within the reservations not to be disturbed.

Whereas the Wyandots have represented, that within the reservation from the river Rosine along the Strait, they have two villages from which they cannot with any convenience remove; it is agreed, that they shall remain in possession of the same, and shall not be in any manner disturbed therein.

SEPARATE ARTICLE.

In case of robbery or murder, the offender to be delivered up, &c.

Should a robbery or murder be committed by an Indian or Indians of the said nations upon the citizens or subjects of the United Slates or any of them, or by the citizens or subjects of the United States or any of them, upon any Indian or Indians of the said nations, the parties accused of the same shall be tried, and, if found guilty, be punished according to the laws of the state, or of the territory of the United States, as the case may be, where the same was committed; and should any horses be stolen, either by the Indians of the said nations from the citizens or subjects of the United States or any of them, or by any of the said citizens and subjects from any of the said Indians, they may be reclaimed, into whose possession soever they may have come; and, upon due proof, shall be restored, any sales in open market notwithstanding. And the parties convicted shall be punished with the utmost severity the laws will admit; and the said nations engage to deliver the parties that may be accused of their nations of either of the before-mentioned crimes, at the nearest post of the United States, if the crime was committed within the territory of the United States, or to the civil authority of the States, if it shall have happened within auy of the United States.

AR. ST. CLAIR.

January 9, 1789 Treaty 7 Stat. 33 ARTICLES OF A TREATY Made at fort Harmar, the ninth day of January, in the year of
Jan. 9, 1789.
our Lord one thousand seven hundred and eighty-nine, between Arthur St. Clair, esquire, governor of the territory of the United Slates of America, north-west of the river Ohio, and commissioner plenipotentiary of the said United States, for removing all causes of controversy, regulating trade, and settling boundaries, between the Indian nations in the northern department and the said United States, of the one part, and the sachems and warriors of the Six Nations, of the other part :

Art. 1. Whereas the United States, in congress assembled, did, by

Reference to the treaty of fort Stanwix.

their commissioners, Oliver Wolcott, Richard Butler, and Arthur Lee, esquires, duly appointed for that purpose, at a treaty held with the said Six Nations, viz : with the Mohawks, Oneidas, Onondagas, Tuscaroras,

Ante, p. 15.

Cayugas, and Senekas, at fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, give peace to the said nations, and receive them into their friendship and protection: And whereas the said nations have now agreed to and with the said

Renewal of engagements.

Arthur St. Clair, to renew and confirm all the engagements and stipulations entered into at the beforementioned treaty at fort Stanwix : and whereas it was then and there agreed, between the United States of America and the said Six Nations, that a boundary line should be fixed between the lands of the said Six Nations and the territory of the said United States, which boundary line is as follows, viz : Beginning at the mouth of a creek, about four miles east of Niagara, called Ononwayea, or Johnston’s Landing Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly, in a direction always four miles east of the carrying place, between lake Erie and lake Ontario, to the mouth of Tehoseroton, or Buffalo creek, upon lake Erie ; thence south, to the northern boundary of the state of Pennsylvania; thence west, to the end of the said north boundary; thence south, along the west boundary of the said state to the river Ohio. The said line, from the mouth of Ononwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claim to the country west of the said boundary; and then they shall be secured in the possession of the lands they inhabit east, north, and south of the same, reserving only six miles square, round the fort of Oswego, for the support of the same. The said Six Nations, except the Mohawks, none

The Mohawks excepted.

of whom have attended at this time, for and in consideration of the peace then granted to them, the presents they then received, as well hs in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by tire said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do hereby renew and confirm the said boundary line in the words beforementioned, to the end that it may

Old boundary confirmed.

be and remain as a division line between the lands of the said Six Nations and the territory of the United States, forever. And the undersigned

Lands west of said line ceded for ever to U.S.

Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the considerations beforementioned, do release, quit claim, relinquish, and cede, to the United States of America, all the lands west of the said boundary or division line, and between the said line and the strait, from the mouth3334 TREATY WITH THE SIX NATIONS. 1789. of Ononwayea and Buffalo creek, for them, the said United States of America, to have and to hold the same, in true and absolute propriety, forever.

Art. 2.

Certain lands continued to the Six Nations, except, &c.

The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the before mentioned boundary line, and relinquish and quit claim to the same and every part thereof, excepting only six miles square round the fort of Oswego, which six miles square round said fort is again reserved to the United States by these presents.

Art. 3.

Lands of Oneidas and Tuscaroras confirmed to them anew.

The Oneida and Tuscarora nations, are also again secured and confirmed in the possession of their respective lands.

Art. 4.

Peace and friendship renewed.

Mohawks allowed 6 months to assent.

The United States of America renew and confirm the peace and friendship entered into with the Six Nations, (except the Mohawks,) at the treaty before mentioned, held at fort Stanwix, declaring the same to be perpetual. And if the Mohawks shall, within six months, declare their assent to the same, they shall be considered as included.

Done at fort Harmar, on the Muskingum, the day and year first above written.

In witness whereof, the parties have hereunto, interchangeably, set their hands and seals.

Ar. St. Clair,

Cageaga, or Dogs Round the Fire,

Sawedowa, or The Blast,

Kiondushows, or Swimming Fish,

Oncahye, or Dancing Feather,

Sohacas, or Falling Mountain,

Otachsaka, or Broken Tomahawk,

Tekahias, or Long Tree,

Onechsetee, or Loaded Man,

Kiatulaho, or Snake,

Aqneia, or Bandy Logs,

Kiandogewa, or Big Tree,

Oweuewa, or Thrown in the Water,

Gyantwaia, or Cornplanter,

Gyasota, or Big Cross,

Kanassee, or New Arrow,

Achiout, or Half Town,

Anachout, or the Wasp,

Chishekoa, or Wood Bug,

Sesscwa, or Big Bale of a Kettle,

Sciahowa, or Council Keeper,

Tewanias, or Broken Twig,

Sunachshowa, or Full Moon,

Cachunwasse, or Twenty Canoes,

Hiekonquash, or Tearing Asunder.

in presence of

Jos. Harmar, Lieut. Col. comdg. 1st United States’ regt. and Brig. Gen. by brevet. Richard Butler. Jno. Gibson. Will, M’Curdy, Captain. Ed. Denny, Ensign 1st United States’ regiment. A. Hartshorn, Ensign. Robt. Thompson, Ensign 1st United States’ regiment. Fran. Leile, Ensign. Josep Nicholas.

SEPARATE ARTICLE.

Robberies and murders to be punished according to the law, &c.

Should a robbery or murder be committed by an Indian or Indians of the Six Nations, upon the citizens or subjects of the United States, or by the citizens or subjects of the United States, or any of them, upon any of the Indians of the said nations, the parties accused of the same shall be tried, and if found guilty, be punished according to the laws of the state, or of the territory of the United States, as the case

Stolen horses to be restored.

may be, where the same was committed. And should any horses be stolen, either by the Indians of the said nations, from the citizens or subjects of the United States, or any of them, or by any of the said citizens or subjects from any of the said Indians, they may be reclaimed into whose possession soever they may have come ; and, upon due proof, shall be restored, any sale in open market notwithstanding ; andTREATY WITH THE CREEKS. 1790.35 the persons convicted shall be punished with the utmost severity the laws will admit. And the said nations engage to deliver the persons

Offenders to be delivered up.

that may be accused, of their nations, of either of the beforementioned crimes, at the nearest post of the United States, if the crime was committed within the territory of the United States ; or to the civil authority of the state, if it shall have happened within any of the United States.

AR. ST. CLAIR.

To the Indian names are subjoined a mark and seal.

August 7, 1790 Treaty 7 Stat. 35 A TREATY OF PEACE AND FRIENDSHIP

Aug. 7, 1790.

Proclamation, Aug. 13, 1790.

Made and concluded between the President of the United States of America, on the Part and Behalf of the said States, and the undersigned Kings, Chiefs and Warriors of the Creek Nation of Indians, on the Part and Behalf of the said Nation.

The parties being desirous of establishing permanent peace and friendship between the United States and the said Creek Nation, and the citizens and members thereof, and to remove the causes of war by ascertaining their limits, and making other necessary, just and friendly arrangements: The President of the United States, by Henry Knox, Secretary for the Department of War, whom he hath constituted with full powers for these purposes, by and with the advice and consent of the Senate of the United States, and the Creek Nation, by the under-signed Kings, Chiefs and Warriors, representing the said nation, have agreed to the following articles.

ARTICLE I.

There shall be perpetual peace and friendship between all the citizens

Peace and friendship perpetual.

of the United States of America, and all the individuals, towns and tribes of the Upper, Middle and Lower Creeks and Semanolies composing the Creek nation of Indians.

ARTICLE II.

The undersigned Kings, Chiefs and Warriors, for themselves and all

Indians acknowledge protection of U. S.

parts of the Creek Nation within the limits of the United States, do acknowledge themselves, and the said parts of the Creek nation, to be under the protection of the United States of America, and of no other sovereign whosoever; and they also stipulate that the said Creek Nation will not hold any treaty with an individual State, or with individuals of any State.

ARTICLE III.

The Creek Nation shall deliver as soon as practicable to the commanding

Prisoners to be restored.

officer of the troops of the United States, stationed at the Rock-Landing on the Oconee river, all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said nation. And if any such prisoners or negroes should not be so delivered, on or before the first day of June ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes.

36 TREATY WITH THE CREEKS 1790.

ARTICLE IV.

Boundaries.

The boundary between the citizens of the United States and the Creek Nation is, and shall be, from where the old line strikes the river Savannah ; thence up the said river to a place on the most northern branch of the same, commonly called the Keowee, where a north-east line to be drawn from the top of the Occunna mountain shall intersect; thence along the said line in a south-west direction to Tugelo river; thence to the top of the Cttrrahee mountain; thence to the head or source of the main south branch of the Oconee river, called the Appalachee ; thence down the middle of the said main south branch and river Oconee, to its confluence with the Oakmulgee, which form the river Altamaha ; and thence down the middle of the said Altamaha to the old line on the said river, and thence along the said old line to the river St. Mary’s.

And in order to preclude forever all disputes relatively to the head or source of the main south branch of the river Oconee, at the place where it shall be intersected by the line aforesaid, from the Currahee mountain, the same shall be ascertained by an able surveyor on the part of the United States, who shall be assisted by three old citizens of Georgia, who may be appointed by the Governor of the said state, and three old Creek chiefs, to be appointed by the said nation ; and the said surveyor, “citizens” and chiefs shall assemble for this purpose, on the first day of October, one thousand seven hundred and ninety-one, at the Rock Landing on the said river Oconee, and thence proceed to ascertain the said head or source of the main south branch of the said river, at the place where it shall be intersected by the line aforesaid, to be drawn from the Currahee mountain. And in order that the said boundary shall be rendered distinct and well known, it shall be marked by a line of felled trees at least twenty feet wide, and the trees chopped on each side from the said Currahee mountain, to the head or source of the said main south branch of the Oconee river, and thence down the margin of the said main south branch and river Oconee for the distance of twenty miles, or as much farther as may be necessary to mark distinctly the said boundary. And in order to extinguish forever all claims of the Creek nation, or any part thereof, to any of the land lying to the northward and eastward of the boundary herein described, it is hereby agreed, in addition to the considerations heretofore made for the said land, that the United States will cause certain valuable Indian goods now in the state of Georgia, to be delivered to the said Creek nation ; and the said United States will also cause the sum of one thousand and five hundred dollars to be paid annually to the said Creek nation. And the undersigned Kings, Chiefs and Warriors, do hereby for themselves and the whole Creek nation, their heirs and descendants, for the considerations above-mentioned, release, quit claim, relinquish and cede, all the land to the northward and eastward of the boundary herein described.

ARTICLE V.

Guarantee.

The United States solemnly guarantee to the Creek Nation, all their lands within the limits of the United States to the westward and southward of the boundary described in the preceding article.

ARTICLE VI.

No citizen of U. S. to settle on Indian lands.

If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the Creeks lands, such person shall forfeit the protection of the United States, and the Creeks may punish him or not, as they please.

ARTICLE VII.

No citizen or inhabitant of the United States shall attempt to hunt

Nor hunt on the same.

or destroy the game on the Creek lands: Nor shall any such citizen or inhabitant go into the Creek country, without a passport first obtained from the Governor of some one of the United States, or the officer of the troops of the United States commanding at the nearest military post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same.

ARTICLE VIII.

If any Creek Indian or Indians, or person residing among them, or

Indians to deliver up criminals.

who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any of the citizens or inhabitants of the United States, the Creek nation, or town, or tribe to which such offender or offenders may belong, shah be bound to deliver him or them up, to be punished according to the laws of the United States.

ARTICLE IX.

If any citizen or inhabitant of the United States, or of either of the

Citizens of U. S. committing crimes against Indians to be punished.

territorial districts of the United States, shall go into any town, settlement or territory belonging to the Creek nation of Indians, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner, as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.

ARTICLE X.

In cases of violence on the persons or property of the individuals of

Retaliation restrained.

either party, neither retaliation nor reprisal shall be committed by the other, until satisfaction shall have been demanded of the party, of which the aggressor is, and shall have been refused.

ARTICLE XI.

The Creeks shall give notice to the citizens of the United States of

Indians to give notice of designs against U. S.

any designs, which they may know or suspect to be formed in any neighbouring tribe, or by any person whatever, against the peace and interests of the United States.

ARTICLE XII.

That the Creek nation may be led to a greater degree of civilization,

U. S. to make presents to them.

and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful domestic animals and implements of husbandry. And further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, and not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned them by the Creeks for cultivation, for themselves and their successors in office; but they shall be precluded exercising any kind of traffic.

ARTICLE XIII.

Animosities to cease.

All animosities for past grievances shall henceforth cease; and the contracting parties will carry the foregoing treaty into full execution, with all good faith and sincerity.

ARTICLE XIV.

Ratification.

This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.

In witness of all and every thing herein determined, between the United States of America and the whole Creek nation, the parties have hereunto set their hands and seals, in the city of New York, within the United States, this seventh day of August, one thousand seven hundred and ninety.

In behalf of the United States,

H. KNOX, Secretary of War, and sole Commissioner for treating with the Creek Nation of Indians,

In behalf of themselves and the whole Creek Nation of Indians,

ALEXANDER M’GILLIVRAY

Cusetahs.

Fuskatche Mico, or Birdtail King,

Neathlock, or Second Man,

Hailetemalthle, or Blue Giver.

Little Tallisee.

Opay Mico, or the Singer,

Totkeshajou, or Samoniac.

Big Tallisee.

Hopotho Mico, or Tallisee King,

Opototache, or Long Side.

Tuckabatchy.

Soholessce, or Young Second Man,

Ochcehajou, or Aleck Cornel.

Natches.

Chinabie, or the Great Natches Warrior,

Natsowachehee, or the Great Natches Warrior’s Brother,

Thakoteehee, or the Mole,

Oquakabee.

Cowetas.

Tuskenaah, or Big Lieutenant,

Homatah, or Leader,

Chinnabic, or Matthews,

Juleetaulematha, or Pry Pine.

Of the Broken Arrow.

Chawockly Mico.

Coosades.

Coosades Hopoy, or the Measurer,

Muthtee, the Misser,

Stimafutchkee, or Good Humour.

Alabama Chief,

Stilnalceje, or Disputer.

Oaksoys,

Mumagechee, David Francis.

done in the presence of

Richard Morris, Chief Justice of the state of New-York. Richard Varick, Mayor of the city of New-York. Marinus Willet Thomas Lee Shippen, of Pennsylvania. John Rutledge, jun. Joseph Alien Smith. Henry Izard. Joseph Cornell, Interpreter.

To the Indian canes are subjoined a mark and seal.

July 2, 1791 Treaty 7 Stat. 39 A TREATY OF PEACE AND FRIENDSHIP Made and concluded between the President of the United States
July 2, 1791.
Proclamation, Feb. 7, 1792.
of America, on the Part and Behalf of the said States, and the undersigned Chiefs and Warriors of the Cherokee Nation of Indians, on the Part and Behalf of the said Nation.

The parties being desirous of establishing permanent peace and friendship between the United States and the said Cherokee Nation, and the citizens and members thereof, and to remove the causes of war, by ascertaining their limits and making other necessary, just and friendly arrangements : The President of the United States, by William Blount, Governor of the territory of the United States of America, south of the river Ohio, and Superintendant of Indian affairs for the southern district, who is vested with full powers for these purposes, by and with the advice and consent of the Senate of the United States : And the Cherokee Nation, by the undersigned Chiefs and Warriors representing the said nation, have agreed to the following articles, namely :

ARTICLE I.

There shall be perpetual peace and friendship between all the citizens

Peace and friendship perpetual.

of the United States of America, and all the individuals composing the whole Cherokee nation of Indians.

ARTICLE II.

The undersigned Chiefs and Warriors, for themselves and all parts

Indians acknowledge protection of U. S.

of the Cherokee nation, do acknowledge themselves and the said Cherokee nation, to be under the protection of the United States of America, and of no other sovereign whosoever; and they also stipulate that the said Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state.

ARTICLE III.

The Cherokee nation shall deliver to the Governor of the territory

Prisoners to be restored.

of the United States of America, south of the river Ohio, on or before the first day of April next, at this place, all persons who are now prisoners, captured by them from any part of the United States : And the United States shall on or before the same day, and at the same place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them.

ARTICLE IV.

The boundary between the citizens of the United States and the

Eoundaries

Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence north east to the Occunna mountain, and over the same along the South-Carolina Indian boundary to the North-Carolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River from those running into the Tennessee ; thence up the river Clinch to Campbell’s line, and along the same to the top of Cumberland mountain ; thence a direct3940TREATY WITH THE CHEROKEES. 1791. line to the Cumberland river where the Kentucky road crosses it ; thence down the Cumberland river to a point from which a south west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south west line will strike the mouth of Duck river.

And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly by three persons appointed on the part of the United States, and three Cherokees on the part of their nation.

And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above described, beginning as aforesaid at the Currabee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods, to be immediately delivered to the undersigned Chiefs and Warriors, for the use of their nation ; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Cherokee nation. And the undersigned Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above-mentioned, release, quit-claim, relinquish and cede, all the land to the right of the line described, and beginning as aforesaid.

ARTICLE V.

Stipulation for a road.

It is stipulated and agreed, that the citizens and inhabitants of the United States, shall have a free and unmolested use of a road from Washington district to Mero district, and of the navigation of the Tennessee river.

ARTICLE VI.

U. S. to regulate trade.

It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade.

ARTICLE VII.

Guarantee.

The United States solemnly guarantee to the Cherokee nation, all their lands not hereby ceded.

ARTICLE VIII.

No citizen to settle on Indian lands.

If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokees’ lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please.

ARTICLE IX.

Nor hunt on the same.

No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees ; nor shall any citizen or inhabitant go into the Cherokee country, without a passport first obtained from the Governor of some one of the United States, or territorial districts, or such other person as the President of lift United States may from time to time authorize to grant the same.

ARTICLE X.

Indians to deliver up criminals.

If any Cherokee Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall steal a horse from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation shall be bound to deliver him or them up, to be punished according to the laws of the United States.

ARTICLE XI.

If any citizen or inhabitant of the United States, or of either of the

Citizens of U. S. committing; crimes in Indian territory to be punished.

territorial districts of the United States, shall go into any town, settlement or territory belonging to the Cherokees, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders, shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.

ARTICLE XII.

In case of violence on the persons or property of the individuals of

Retaliation restrained.

either party, neither retaliation or reprisal shall be committed by the other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused.

ARTICLE XIII.

The Cherokees shall give notice to the citizens of the United States,

Cherokees to give notice of designs against U.S.

of any designs which they may know, or suspect to be formed in any neighbouring tribe, or by any person whatever, against the peace and interest of the United States.

ARTICLE XIV.

That the Cherokee nation may be led to a greater degree of civilization,

U.S. to make presents.

and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned by the Cherokees for cultivation for themselves and their successors in office ; but they shall be precluded exercising any kind of traffic.

ARTICLE XV.

All animosities for past grievances shall henceforth cease, and the

Animosities to cease.

contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity.

ARTICLE XVI.

This treaty shall take effect and be obligatory on the contracting

Ratification.

parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.

In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals, at the Treaty Ground on the bank of the Holston, near the mouth of the French42 Broad, within the United States, this second day of July, in the year of our Lord, one thousand seven hundred and ninety-one.

WILLIAM BLOUNT, (l. s.)
Governor in and over the Territory of the United States of America, south of the River Ohio, and Superintendent of Indian Affairs for the Southern District.

Chuleoah, or the Boots,

Squollecultah, or Hanging Man,

Occuuna, or the Badger,

Enoleh, or Black Fox,

Nontuaka, or the Northward,

Tekakiska,

Chutloh, or King Fisher,

Tuckaseh, or Tarrapin,

Katch,

Kunuochatutloh, or the Crane,

Cauquillehanah, or the Thigh,

Chesquolteloneh, or Yellow Bird,

Chickasawtehc, or Chickasaw Killer,

Tuskegatehe, or Tuskega Killer,

Kulsatehe,

Tinkshalene,

Sawuttch, or Slave Catcher,

Aukuah,

Oosenalch,

Kenotetah, or Rising Fawn,

Kanetetoka, or Standing Turkey,

Yonewatleh, or Bear at home,

Long Will,

Kunoskeskie, or John Watts,

Nenetooyah, or Bloody Fellow,

Chuquilatague, or Bouble-Head,

Koolaquah, or Big Acorn,

Toowayelloh, or Bold Hunter,

Jahle-oonoychka, or Middle Striker,

Kinnesah, or Cabin,

Tullotehe, or Two Killer,

Koulousko, or Stopt Still,

Kulsatehe,

Auquotague, the Little Turkey’s Son,

Talohteske, or Upsetter,

Cheakoneske, or Otter Lifter,

Keshukaune, or She Reigns,

Toonaunailoh,

Teesteke, or Common Disturber,

Robin M’Clemore,

Skyuka,

John Thompson, Interpreter,

James Cery, Interpreter,

done in presence of

Daniel Smith, Secretary of the Territory of the United States, south of the River Ohio. Thomas Kennedy, of Kaintuckey. James Robertson, of Mero District. Claiborne Watkins, of Virginia. Jno. M. Whitney, of Georgia.—Fauche, of Georgia. Titus Ogden, of North-Carolina. John Chisolm, of Washinton District. Robert King. Thomas Gegg.

To the Indian names are suhioiood a mark and seal.

February 17, 1792 Treaty 7 Stat. 42 ADDITIONAL ARTICLE

Feb. 17, 1792.

To the Treaty made between the United States and the Cherokees on, the second day of July, one thousand seven hundred and ninety-one.

Proclamation Feb. 17, 1792.

It is hereby mutually agreed between Henry Knox, Secretary of War, duly authorized thereto in behalf of the United States, on the cue part, and the undersigned chiefs and warriors, in behalf of themselves and the Cherokee nation, on the other part, that the following article shall be added to and considered as part of the treaty made between the United States and the said Cherokee nation on the second day of July, one thousand seven hundred and ninety-one ; to wit :

Increase of annual payment to Indians.

The sum to be paid annually by the United States to the Cherokee nation of Indians, in consideration of the relinquishment of land, as stated in the treaty made with them on the second day of July, one thousand seven hundred and ninety-one, shall be one thousand five hundred dollars instead of one thousand dollars, mentioned in the said treaty.

In testimony whereof, the said Henry Knox, Secretary of War, and the said chiefs and warriors of the Cherokee nation, have hereuntoTREATY WITH THE CHEROKEES. 1794.43 set their hands and seals, in the city of Philadelphia, this seventeenth day of February, in the year of our Lord one thousand seven hundred and ninety-two.

H. KNOX, Secretary of War.

Iskaqua, or Clear Sky, formerly Nonetooyah, or Bloody Fellow,

Nontuaka, or the Northward,

Chatloh, or King Fisher,

Katigoslah, or the Prince,

Téésleki, or Common Disturber,

Suaka, or George Miller.

in presence of

Thomas Grooter, Jno. Stagg, junr., Leonard D. Shaw, James Cerey, sworn interpreter to the Cherokee nation.

To the Indian names are subjoined seals.

June 26, 1794 Treaty 7 Stat. 43 TREATY WITH THE CHEROKEE INDIANS.

June 26, 1794.

Proclamation, Jan. 21, 1795.

Whereas the treaty made and concluded on Holston river, on the second day of July, one thousand seven hundred and ninety-one, between

Ante, p. 39.

the United States of America and the Cherokee nation of Indians, has not been fully carried into execution by reason of some misunderstandings which have arisen:

ARTICLE I.

And whereas the undersigned Henry Knox, Secretary for the department

Treaty of Holston binding.

of War, being authorised thereto by the President of the United States, in behalf of the said United States, and the undersigned Chiefs and Warriors, in their own names, and in behalf of the whole Cherokee nation, are desirous of re-establishing peace and friendship between the said parties in a permanent manner, Do hereby declare, that the said treaty of Holston is, to all intents and purposes, in full force and binding upon the said parties, as well in respect to the boundaries therein mentioned as in all other respects whatever.

ARTICLE II.

It is hereby stipulated that the boundaries mentioned in the fourth

Boundaries to be marked.

article of the said treaty, shall be actually ascertained and marked in the manner prescribed by the said article, whenever the Cherokee nation shall have ninety days notice of the time and place at which the commissioners of the United States intend to commence their operation.

ARTICLE III.

The United States, to evince their justice by amply compensating the

Annual allowance of goods.

said Cherooke nation of Indians for all relinquishments of land made either by the treaty of Hopewell upon the Keowee river, concluded on the twenty-eighth of November, one thousand seven hundred and eighty-five, or the aforesaid treaty made upon Holston river, on the second of July, one thousand seven hundred and ninety-one, do hereby stipulate, in lieu of ah former sums to be paid annually to furnish the Cherokee Indians with goods suitable for their use, to the amount of five thousand dollars yearly.

44 TREATY WITH THE SIX NATIONS. 1794.

ARTICLE IV.

For every horse stolen, a sum to bo deducted from the annuity.

And the said Cherokee nation, in order to evince the sincerity of their intentions in future, to prevent the practice of stealing horses, attended with the most pernicious consequences to the lives and peace of both parties, do hereby agree, that for every horse which shall be stolen from the white inhabitants by any Cherokee Indians, and not returned within three months, that the sum of fifty dollars shall be deducted from the said annuity of five thousand dollars.

ARTICLE V.

These articles in addition to the treaty of Holston.

The articles now stipulated will be considered as permanent additions to the treaty of Holston, as soon as they shall have been ratified by the President of the United States and the Senate of the United States.

In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals in the City of Philadelphia, within the United States, this twenty-sixth day of June, in the year of our Lord one thousand seven hundred and ninety-four.

H. KNOX, Secretary of War.

Tekakisskee, or Taken out of tho Water.

Nontuaka, or the Northward.

Cinasaw, or the Cabin.

Skyuka.

Chuquilatague, or Double Head.

John M’Cleemore.

Walalue, or the Humming Bird.

Chuleowee.

Ustanaqua.

Kullusathee.

Siteaha.

Kcenagona, or the Lying Fawn.

Chatakaelesa, or the Fowl Carrier.

done in the presence of

John Thompson, Arthur Coodey, Interpreters. Cantwell Jones, of Delaware. William Walford, of the State of Georgia. Wm. M’Caleb, of South Carolina. Samuel Lewis, of Philadelphia.

To the Indian titles are subjoined a mark and seal.

November 11, 1794 Treaty 7 Stat. 44 A TREATY

Nov. 11, 1794.

Proclamation, Jan. 21, 1795.

Between the United States of America, and the Tribes of Indians called the Six Nations.

The President of the United States having determined to hold a conference with the Six Nations of Indians, for the purpose of removing from their minds nil causes of complaint, and establishing a firm and permanent friendship with them ; and Timothy Pickering being appointed sole agent for that purpose ; and the agent having met and conferred with the Sachems, Chiefs and Warriors of the Six Nations, in a general council: Now, in order to accomplish the good design of this conference, the parties have agreed on the following articles ; which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations.

ARTICLE I.

Peace and friendship perpetunl.

Peace and friendship are hereby firmly established, and shall be perpetual, between the United States and the Six Nations.

ARTICLE II.

The United States acknowledge the lands reserved to the Oneida,

Certain lands secured to Indians.

Onondaga and Cayuga Nations, in their respective treaties with the state of New-York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof : but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase,

ARTICLE III.

The land of the Seneka nation is bounded as follows: Beginning on

Boundary of lands belonging to the Seneka nation.

Lake Ontario, at the north-west corner of the land they sold to Oliver Phelps, the line runs westerly along the lake, as far as O-yōng-wong-yeh Creek, at Johnson’s Landing-place, about four miles eastward from the fort of Niagara; then southerly up that creek to its main fork, then straight to the main fork of Stedman’s creek, which empties into the river Niagara, above fort Schlosser, and then onward, from that fork, continuing the same straight course, to that river; (this line, from the mouth of O-yōng-wong-yeh Creek to the river Niagara, above fort Schlosser, being the eastern boundary of a strip of land, extending from the same line to Niagara river, which the Seneka nation ceded to the King of Great-Britain, at a treaty held about thirty years ago, with Sir William Johnson ;) then the line runs along the river Niagara to Lake Erie ; then along Lake Erie to the north-east corner of a triangular piece of land which the United States conveyed to the state of Pennsylvania, as by the President’s patent, dated the third day of March, 1792 ; then due south to the northern boundary of that state; then due east to the south-west corner of the land sold by the Seneka nation to Oliver Phelps; and then north and northerly, along Phelps’s line, to the place of beginning on Lake Ontario. Now, the United States acknowledge all the land within the aforementioned boundaries, to be the property of the Seneka nation ; and the United States will never claim the same, nor disturb the Seneka nation, nor any of the Six Nations, or of their Indian friends residing thereon and united with them, in the free use and enjoyment thereof : but it shall remain theirs, until they choose , to sell the same to the people of the United States, who have the right to purchase.

ARTICLE IV.

The United States having thus described and acknowledged what

Six Nations never to claim other lands in the U. S.

lands belong to the Oneidas, Onondagas, Cayugas and Senekas, and engaged never to claim the same, nor to disturb them, or any of the Six Nations, or their Indian friends residing thereon and united with them, in the free use and enjoyment thereof : Now, the Six Nations, and each of them, hereby engage that they will never claim any other lands within the boundaries of the United States; nor ever disturb the people of the United States in the free use and enjoyment thereof.

ARTICLE V.

The Seneka nation, ail others of the Six Nations concurring, cede

Right to make and use a road granted.

to the United States the right of making a waggon road from Fort Schlosser to Lake Erie, as far south as Buffaloe Creek ; and the people of the United States shall have the free and undisturbed use of this road, for the purposes of travelling and transportation. And the Six Nations, and each of them, will forever allow to the people of the United States, a free passage through their lands, and the free use of the harbours and rivers adjoining and within their respective tracts of land,46 for the passing and securing of vessels and boats, and liberty to land their cargoes where necessary for their safety.

ARTICLE VI.

Present and annuity.

In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations ; and because the United States desire, with humanity and kindness, to contribute to their comfortable support ; and to render the peace and friendship hereby established, strong and perpetual ; the United States now deliver to the Six Nations, and the Indians of the other nations residing among and united with them, a quantity of goods of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars, heretofore allowed them by an article ratified by the President, on the twenty-third day of April, 1792 ; making in the whole, four thousand five hundred dollars; which shall be expended yearly forever, in purchasing cloathing, domestic animals, implements of husbandry, and other utensils suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendant appointed by the President for the affairs of the Six Nations, and their Indian friends aforesaid.

ARTICLE VII.

Retaliation restrained.

Lost the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and Six Nations agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but, instead thereof, complaint shall be made by the party injured, to the other : By the Six Nations or any of them, to the President of the United States, or the Superintendant by him appointed : and by the Superintendant, or other person appointed by the President, to the principal chiefs of the Six Nations, or of the nation to which the offender belongs : and such prudent measures shall then be pursued as shall be necessary to preserve our peace and friendship unbroken ; until the legislature (or great council) of the United States shall make other equitable provision for the purpose.

Note. It is clearly understood by the parties to this treaty, that the annuity stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations and of their Indian friends united with them as aforesaid, as do or shall reside within the boundaries of the United States : For the United States do not interfere with nations, tribes or families, of Indians elsewhere resident.

In Witness whereof, the said Timothy Pickering, and the Sachems and War-chiefs of the said Six Nations, have hereto set their hands and seals.

Done at Kon-on-daigua, in the state of New York, the eleventh day of November, in the Year one thousand seven hundred and ninety-four.

TIMOTHY PICKERING.

O-no-ye-ah-nee,

Kon-ne-at-or-lee-ooh, or Handsome Lake.

Te-kenh-you-hau, alias Capt Key.

O-nes-hau-ee,

Hendrick Aupaumut,

David Neesoonhuk,

Kanatsoyh, alias Nicholas Kusik,

Soh-hon-te-o-quent,

Oo-duht-sa-it,

TREATY WITH THE ONEIDAS, ETC. 1794. 47

Ko-nooh-qung,

Tos-song-gau-lo-lus,

John Sken-en-do-a,

O-ne-at-or-lee-ooh,

Kus-sau-wa-tau,

E-yoo-ten-yoo-tau-ook,

Kohn-ye-au-gong, alias Jake Stroud.

Sha-gui-e-sa,

Teer-oos, alias Capt. Prantup.

Soos-ha-oo-wau,

Henry Young Brant,

Sonh-yoo-wau-na, or Big Sky.

O-na-ah-hah,

Hot-osh-a-henh,

Kau-kon-da-nai-ya,

Non-di-yau-ka,

Kos-sish-to-wau,

Oo-jau-geht-a, or Fish Carrier.

To-he-ong-go,

Oot-a-guas-so,

Joo-non-dau-wa-onh,

Ki-yau-ha-onh,

Oo-tau-je-au-genh, or Broken Axe.

Tau-hu-on-dos, or Open the Way.

Twau-ke-wash-a,

Se-qui-dong-quee, alias Little Beard.

Kod-je-ote, or Half Town.

Ken-jau-au-gus, or Stinking Fish.

Soo-noh-quau-kau,

Twen-ni-ya-na,

Jish-kaa-ga, or Green Grasshopper, alias Little Billy.

Tug-geh-shot-ta,

Teh-ong-ya-gau-na,

Teh-ong-yoo-wush,

Kon-ne-yoo-we-sot,

Ti-ooh-quot-ta-kau-na, or Woods on Fire.

Ta-oun-dau-deesh,

Ho-na-ya-wus, alias Farmer’s Brother.

Sog-goo-ya-waut-hau, alias Red Jacket.

Kon-yoo-ti-a-yoo,

Sauh-ta-ka-ong-yees, (or Two Skies of a length.)

Ouu-na-shatta-kau,

Ka-ung-ya-neh-quee,

Soo-a-yoo-wau,

Kau-je-a-ga-onh, or Heap of Dogs.

Soo-nooh-shoo-wau,

T-ha-oo-wau-ni-as,

Soo-nong-joo-wau,

Kiant-whau-ka, alias Complanter.

Kau-neh-shong-goo.

Witnesses:—Israel Chapin, James Smedley, Augustus Porter, Wm. Ewing, Wm. Shephard, jun. John Wickham, James K. Garnsey, Israel Chapin, jun. Interpreters, Horatia Jones, Joseph Smith, Jasper Parish. Henry Abeele.

To the Indian names are subjoined a mark and seal.

December 2, 1794 Treaty 7 Stat. 47 A TREATY Between the United States and the Oneida, Tuscarora, and Stockbridge
Dec. 2, 1794.
Proclamation, Jan. 31, 1795.
Indians, dwelling in the Country of the Oneidas.

Whereas, in the late war between Great-Britain and the United States of America, a body of the Oneida and Tuscorora and the Stock-bridge Indians, adhered faithfully to the United States, and assisted them with their warriors ; and in consequence of this adherence and assistance, the Oneidas and Tuscororas, at an unfortunate period of the war, were driven from their homes, and their houses were burnt and their property destroyed : And as the United States in the time of their distress, acknowledged their obligations to these faithful friends, and promised to reward them : and the United States being now in a condition to fulfil the promises then made : the following articles are stipulated by the respective parties for that purpose ; to be in force when ratified by the President and Senate.

ARTICLE I.

The United States will pay the sum of five thousand dollars, to be

$5000 to be distributed for past losses and services.

distributed among individuals of the Oneida and Tuscorora nations, as a compensation for their individual losses and services during the late war between Great-Britain and the United States. The only man of the Kaughnawaugas now remaining in the Oneida country, as well as some few very, meritorious persons of the Stockbridge Indians, will be considered in the distribution.

ARTICLE II.

Mills to bo erected by tbe United States.

For the general accommodation of these Indian nations, residing in the country of the Oneidas, the United States will cause to be erected a complete grist-mill and saw-mill, in a situation to serve the present principal settlements of these nations. Or if such one convenient situation cannot be found, then the United States will cause to be erected two such grist-mills and saw-mills, in places where it is now known the proposed accommodation may be effected. Of this the United States will judge.

ARTICLE III.

Millers to be provided.

The United States will provide, during three years after the mills shall be completed, for the expense of employing one or two-suitable persons to manage the mills, to keep them in repair, to instruct some young men of the three nations in the arts of the miller and sawer, and to provide teams and utensils for carrying on the work of the mills.

ARTICLE IV.

$1000 given to build a church.

The United States will pay one thousand dollars, to be applied in building a convenient church at Oneida, in the place of the one which was there burnt by the enemy, in the late war.

ARTICLE V.

Indians relinquish further claims.

In consideration of the above stipulations to be performed on the part of the United States, the Oneida, Tuscorora and Stockbridge Indians afore-mentioned, now acknowledge themselves satisfied, and relinquish all other claims of compensation and rewards for their losses and services in the late war. Excepting only the unsatisfied claims of such men of the said nations as bore commissions under the United States, for any arrears which may be due to them as officers.

In witness whereof, the chiefs of those nations residing in the country of the Oneidas, and Timothy Pickering, agent for the United States, have hereto set their hands and seals, at Oneida, the second day of December, in the year one thousand seven hundred and ninety-four.

TIMOTHY PICKERING.

$\begin{matrix} Wolf tribe. \\ Hand Rachems of the Oneidas. & {\begin{matrix} O-dot-saihte, \\ Konno-quen-yau. \end{matrix} \\ Eiktest was chief. & {John Skenendo. \\ Turtle tribe. \\ War chief. & {S,ho-noh-le-yo. \\ Sachem. & {Peter Konnauterlook. \\ War chief. & {\begin{matrix} Daniel Te-ounes-lees, \\ son of okenendo. \end{matrix} \end{matrix}$

$\begin{matrix} Bear tribe. \\ War chiefs. & {\begin{matrix} Lodowik Koh-sau-we-tau, \\ Cornelius Kauhiktoton, \\ Thos. Osaubataugaun-lot. \end{matrix} \\ Tuscorora. \\ Sachem. & {T, Haulondauwatigon. \\ War chief. & {Kanatjogh, or, Nicholas Cusick. \end{matrix}$

Witnesses to the signing and sealing of Iho agent of the United States, and of the chiefs of tbe Oneida and Tuscorora nations.

S. KIRKLAND, JAMES DEAN, Interpreter.

Witnesses to the signing ami sealing of the four chiefs of the Stockbridge Indians, whose names are below.

SAML. KIRKLAND, JOHN SERGEANT.

Stockbridge Indian chiefs.

Hendrick Aupaumu,

Joseph Quonney,

John Konkapot,

Jacob Konkapot.

To ths Indian names are subjoined a mark and seal.

August 3, 1795 Treaty 7 Stat. 49 A TREATY OF PEACE Between the United States of America and the Tribes of Indians,

Aug. 3, 1795.

Proclamation, Dec. 2, 1795.

called the Wyandots, Delawares, Shawanoes, Ottawas, Chipewas, Potawatimes, Miamis, Eel-river, Weea’s, Kickapoos, Piankashaws, and Kaskaskias.

To put an end to a destructive war, to settle all controversies, and to restore harmony and a friendly intercourse between the said United States, and Indian tribes; Anthony Wayne, major-general, commanding the army of the United States, and sole commissioner for the good purposes above-mentioned, and the said tribes of Indians, by their Sachems, chiefs, and warriors, met together at Greeneville, the head quarters of the said army, have agreed on the following articles, which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the said Indian tribes.

ARTICLE I.

Henceforth all hostilities shall cease; peace is hereby established, and

Peace established.

shall be perpetual ; and a friendly intercourse shall lake place, between the said United States and Indian tribes.

ARTICLE II.

All prisoners shall on both sides be restored. The Indians, prisoners

Prisoners on both sides to be restored.

to the United States, shall be immediately set at liberty. The people of the United States, still remaining prisoners among the Indians, shall be delivered up in ninety days from the date hereof, to the general or commanding officer at Greeneville, Fort Wayne or Fort Defiance; and ten chiefs of the said tribes shall remain at Greeneville as hostages, until the delivery of the prisoners shall be effected.

ARTICLE III.

The general boundary line between the lands of the United States,

Boundary line established.

and the lands of the said Indian tribes, shall begin at the mouth of Cayahoga river, and run thence up the same to the portage between that and the Tuscarawas branch of the Muskingum; thence down that branch to the crossing place above Fort Lawrence; thence westerly to a fork of that branch of the great Miami river running into the Ohio, at or near which fork stood Loromie’s store, and where commences the portage between the Miami of the Ohio, and St. Mary’s river, which is a branch of the Miami, which runs into Lake Erie; thence a westerly course to Fort Recovery, which stands on a branch of the Wabash; then south-westerly in a direct line to the Ohio, so as to intersect that river opposite the mouth of Kentucke or Cuttawa river. And in consideration of the peace now established ; of the goods formerly received from the United States; of those now to be delivered, and of the yearly delivery of goods now stipulated to be made hereafter, and to indemnify the United States for the injuries and expences they have sustained during the war ; the said Indian tribes do hereby cede and relinquish forever, all their claims to the lands lying eastwardly and southwardly of the general boundary line now described ; and these lands, or any part of them, shall never hereafter be made a cause or pretence, on the part of the said tribes or any of them, of war or injury to the United States, or any of the people thereof.

49 50 TREATY WITH THE WYANDOTS, ETC. 1795.

Cession of particular tracts of land by the Indians.

And for the same considerations, and as an evidence of the returning friendship of the said Indian tribes, of their confidence in the United States, and desire to provide for their accommodation, and for that convenient intercourse which will be beneficial to both parties, the said Indian tribes do also cede to the United States the following pieces of land ; to wit. (1.) One piece of land six miles square at or near Loromie’s store before mentioned. (2.) One piece two miles square at the head of the navigable water or landing on the St. Mary’s river, near Girty’s town. (3.) One piece six miles square at the head of the navi-gable water of the Au-Glaize river. (4.) One piece six miles square at the confluence of the Au-Glaize and Miami rivers, where Fort Defiance now stands. (5.) One piece six miles square at or near the confluence of the rivers St. Mary’s and St. Joseph’s, where Fort Wayne now stands, or near it. (6.) One piece two miles square on the Wabash river at the end of the portage from the Miami of the lake, and about eight miles westward from Fort Wayne. (7.) One piece six miles square at the Ouatanon or old Weea towns on the Wabash river. (8.) One piece twelve miles square at the British fort on the Miami of the lake at the foot of the rapids. (9.) One piece six miles square at the mouth of the said river where it empties into the Lake. (10.) One piece six miles square upon Sandusky lake, where a fort formerly stood. (11.) One piece two miles square at the lower rapids of Sandusky river. (12.) The post of Detroit and all the land to the north, the west and the south of it, of which the Indian title has been extinguished by gifts or grants to the French or English governments ; and so much more land to be annexed to the district of Detroit as shall be comprehended between the river Rosine on the south, lake St. Clair on the north, and a line, the general course whereof shall be six miles distant from the west end of lake Erie, and Detroit river. (13.) The post of Michillimackinac, and all the land on the island, on which that post stands, and the main land adjacent, of which the Indian title has been extinguished by gifts or grants to the French or English governments; and a piece of land on the main to the north of the island, to measure six miles on lake Huron, or the straight between lakes Huron and Michigan, and to extend three miles back from the water of the lake or straight, and also the island De Bois Blanc, being an extra and voluntary gift of the Chipewa nation. (14.) One piece of land six miles square at the mouth of Chikago river emptying into the south-west end of Lake Michigan, where a fort formerly stood. (15.) One piece twelve miles square at or near the mouth of the Illinois river, emptying into the Mississippi. (16.) One piece six miles square at the old Piorias fort and village, near the south end of the Illinois lake on said Illinois river: And whenever the United States shall think proper to survey and murk the boundaries of the lands hereby ceded to them, they shall give timely notice thereof to the said tribes of Indians, that they may appoint some of their wise chiefs to attend and see that the lines are run according to the terms of this treaty.

Cession of passages in certain places by the Indians.

And the said Indian tribes will allow to the people of the United States a free passage by land and by water, as one and the other shall be found convenient, through their country, along the chain of posts herein before mentioned ; that is to say, from the commencement of the portage aforesaid at or near Loromie’s store, thence along said portage to the St. Mary’s, and down the same to Fort Wayne, and then down the Miami to lake Erie: again from the commencement of the portage at or near Loromie’s store along the portage from thence to the river Au-Glaize, and down the same to its junction with the Miami at Fort Defiance : again from the commencement of the portage aforesaid, to Sandusky river, and down the same to Sandusky bay and lake Erie, and from Sandusky to the post which shall be taken at or near the foot51 of the rapids of the Miami of the lake: and from thence to Detroit. Again from the mouth of Chikago, to the commencement of the portage, between that river and the Illinois, and down the Illinois river to the Mississippi, also from Fort Wayne along the portage aforesaid which leads to the Wabash, and then down the Wabash to the Ohio. And the said Indian tribes will also allow to the people of the United States the free use of the harbours and mouths of rivers along the lakes adjoining the Indian lands, for sheltering vessells and boats, and liberty to land their cargoes where necessary for their safety.

ARTICLE IV.

In consideration of the peace now established and of the cessions

Relinquishment of certain lands by U. S.

and relinquishments of lands made in the preceding article by the said tribes of Indians, and to manifest the liberality of the United States, as the great means of rendering this peace strong and perpetual ; the United States relinquish their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and southward of the Great Lakes and the waters uniting them, according to die boundary line agreed on by the United States and the king of Great-Britain, in the treaty of peace made between them in the year 1783. But from this relinquishment by the United States, the following tracts of land, are explicitly excepted. 1st. The tract of one hundred

Exceptions

and fifty thousand acres near the rapids of the river Ohio, which has been assigned to General Clark, for the use of himself and his warriors. 2d. The post of St. Vincennes on the river Wabash, and the lands adjacent, of which the Indian title has been extinguished. 3d. The lands at all other places in possession of the French people and other white settlers among them, of which the Indian title has been extinguished as mentioned in the 3d article; and 4th. The post of fort Massac to-wards the mouth of the Ohio. To which several parcels of land so excepted, the said tribes relinquish all the title and claim which they or any of them may have.

And for the same Considerations and with the same views as above

Annual allowance to be made to the Indians.

mentioned, the United States now deliver to the said Indian tribes a quantity of goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge; and henceforward every year forever the United States will deliver at some convenient place northward of the river Ohio, like usefull goods, suited to the circumstances of the Indians, of the value of nine thousand five hundred dollars; reckoning that value at the first cost of the goods in the city or place in the United States, where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered, are the following.

1st. To the Wyandots, the amount of one thousand dollars. 2d. To the Delawares, the amount of one thousand dollars. 3d. To the Shawanese, the amount of one thousand dollars. 4th. To the Miamis, the amount of one thousand dollars. 5th. To the Ottawas, the amount of one thousand dollars. 6th. To the Chippewas, the amount of one thousand dollars. 7th. To the Putawatimes, the amount of one thousand dollars. 8th. And to the Kickapoo, Weea, Eel-river, Piankashaw and Kaskaskias tribes, the amount of five hundred dollars each.

Provided, That if either of the said tribes shall hereafter at an annual

Proviso.

delivery of their share of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry, and other utensils convenient for them, and in compensation to usefull artificers who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual deliveries be furnished accordingly.

ARTICLE V.

Indians have right to hunt on lands relinquished by U.S. &c.

To prevent any misunderstanding about the Indian lands relinquished by the United States in the fourth article, it is now explicitly declared, that the meaning of that relinquishment is this : The Indian tribes who have a right to those lands, are quietly to enjoy them, hunting, planting, and dwelling thereon so long as they please, without any molestation from the United States; but when those tribes, or any of them, shall be disposed to sell their lands, or any part of them, they are to be sold only to the United States; and untill such sale, the United States will protect all the said Indian tribes in the quiet enjoyment of their lands against all citizens of the United States, and against all other white persons who intrude upon the same. And the said Indian tribes again acknowledge themselves to be under the protection of the said United States and no other power whatever.

ARTICLE VI.

Indians may expel settlers from their lands.

If any citizen of the United States, or any other white person or persons, shall presume to settle upon the lands now relinquished by the United States, such citizen or other person shall be out of the protection of the United States; and the Indian tribe, on whose land the settlement shall be made, may drive off the settler, or punish him in such manner as they shall think fit; and because such settlements made without the consent of the United States, will be injurious to them as well as to the Indians, the United States shall be at liberty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands herein before stipulated.

ARTICLE VII.

Indians may hunt on lands ceded to U. S.

The said tribes of Indians, parties to this treaty, shall be at liberty to hunt within the territory and lands which they have now ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury to the people of the United States.

ARTICLE VIII.

Trade to be opened with the Indians.

Trade shall be opened with the said Indian tribes ; and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly licensed to reside among them for the purpose of trade, and to their agents and servants; but no person shall be permitted to reside at any of their towns or hunting camps as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendant of the department north-west of the Ohio, or such other person as the President of the United States shall authorise to grant such licences; to the end, that the said Indians may not be imposed on in their trade. And if any licensed trader shall abuse his privilege by unfair dealing, upon complaint and proof thereof, his licence shall be taken from him, and he shall be further punished according to the laws of the United States, And if any person shall intrude himself as a trader, without such license, the said Indians shall take and bring him before the superintendant or his deputy, to be dealt with according to law. And to prevent impositions by forged licences, the said Indians shall at least once a year give information to the superintendant or his deputies, of the names of the traders residing among them.

ARTICLE IX.

Retaliation restrained.

Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States, and the said Indian tribes agree, that for injuries done by individuals on either side,53 no private revenge or retaliation shall take place ; but instead thereof, complaint shall be made by the party injured, to the other ; By the said Indian tribes, or any of them, to the President of the United States, or the superintendant by him appointed ; and by the superintendant or other person appointed by the President, to the principal chiefs of the said Indian tribes, or of the tribe to which the offender belongs; and such prudent measures shall then be pursued as shall be necessary to preserve the said peace and friendship unbroken, until the Legislature (or Great Council) of the United States, shall make other equitable provision in the case, to the satisfaction of both parties. Should any

Indians to give notice of designs against U. S.

Indian tribes meditate a war against the United States or either of them, and the same shall come to the knowledge of the before-mentioned tribes, or either of them, they do hereby engage to give immediate notice thereof to the general or officer commanding the troops of the United States, at the nearest post. And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavour to prevent the same, and in like manner give information of such attempt, to the general or officer commanding, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States. In like manner the United States shall give notice to the said Indian tribes of any harm that may be meditated against them, or either of them, that shall come to their knowledge ; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.

ARTICLE X.

All other treaties heretofore made between the United States and the

Former treaties void.

said Indian tribes, or any of them, since the treaty of 1783, between the United States and Great Britain, that come within the purview of tins treaty, shall henceforth cease and become void.

In Testimony whereof, the said Anthony Wayne, and the Sachems and War-Chiefs of the before-mentioned Nations and Tribes of Indians, have hereunto set their Hands, and affixed their Seals. Done at Greeneville, in the Territory of the United States, northwest of the river Ohio, on the third Day of August, one thousand seven hundred and ninety-five.

ANTHONY WAYNE.

Wyandots.

Tar-hé, (or Crane)

J. Williams, jun.

Tey-yagh-taw,

Ha-ro-en-you, (or half King’s Son)

Te-baaw-to-rens,

Aw-me-yee-ray,

Stayé-tah,

Sha-tey-ya-ron-yah, (or Leather Lips)

Daugh-sbut-tay-ah,

Sha-aw-run-the,

Delawares.

Teta-boksh-ke, (or GrandGlaise King)

Le-man-tan-quis, (or Black King)

Wa-bat-thoe,

Magh-pi-way, (or Red Feather)

Kik-tha-we-nund, (or Anderson)

Bu-kon-ge-he-las,

Pee-kee-lund,

Welle-baw-kee-1und,

Poe-keé-télé-mund, (or Thomas Adams)

Kish-ko-pe-kund, (or Captain Buffaloe)

Ame-na-he-han, (or Captain Crow)

Que-Shawk-sey, (or George Washingion)

Wey Win-quis, (or Billy Siscomb)

Moses,

Shawanoes.

Mis-qua-coo-na-caw, (or Bed Pole)

Cut-the-we-ka-saw, (or Black Hoof)

Kay-se-wa-e-se-kah,

Wey-tha-pa-mat-tha,

Nia-nym-se-ka,

Way-the-ah, (or Long Shanks)

Wey-a-pier-sen-waw, (or Bine Jacket)

Ne-que, taugh-aw,

Hah-goo-see-kaw, (or Captain Reed)

Ottawas.

Au-goosh-away,

Kee-no-sha-meek,

La Malice,

Ma-chi-we-tah,

Tho-wo-na-wa,

Se-caw,

Chippewas.

Mash-i-pi-nash-i-wish, (or Bad Bird)

Nah-sho-ga-she, (from lake Superior)

Ka-tha-wa-sung,

Ma-sass,

Ne-me-kass, (or Little Thunder)

Pe-shaw-kay, (or Young Os)

Nan-guey,

Mee-ne-doh-gen-sogh,

Pec-wan-she-me-nogh,

Wey-me-gwas,

Goh-mo-a-tick,

Ottawa.

Che-go-nickska, (an Ottawa from Sandusky)

Putawatames oftheRiver Saint Joseph.

Thu-pe-ne-bu,

Naw-ac (for himself and brother A-sime-the)

Ne-nan-se-ka,

Kee-sass. (or Sun)

Ka ba-ma-saw (for himself and brother Chusau-gan)

Wap-me-me, (or White Pigeon)

Wa-che-ness, (for himself aud brother Pe-da-go-shok)

Wah-shi-caw-naw,

La Chasse,

Me-she-ge-the-nogh, (for himself and brother Wa-wa-sek)

Hin-go-swash,

A-ne-wa-saw,

Naw-budgh,

Mis-se-no-go-maw,

Wa-we-eg-she,

Thaw-me (or le Blanc)

Gec-que, (for himself and brother She-win-se)

Putawatames of Huron.

O-ki-a,

Cha-mung,

Se-ga-ge-wan,

Nu-naw-me, (for himself and brother A-gin)

Mar-chand,

We-na-me-ac,

Miamis.

Na-goh-quan-gogh, (or Le Gris)

Me-she-kun-nogh-quoh, (or Little Turtle)

Miamis and Eel-River.

Pee-jee-wa, (or Richard Ville)

Coch-ke-pogh-togh,

Eel-River Tribe.

Sha-me-kun-ne-sa, (or Soldier)

Miamis.

Wa-pa-man-gwa, (or the White Loan)

Weea’s. for themselves and the Piankashaws.

A-ma-cun-aa, (or Little Beaver)

A-coo-la-tha, (or Little Fox)

Francis,

Kickapoos and Kaskaskias.

Kee-aw-hah,

Ne-migh-ka, (or Josey Renard)

Pai-kee-ka-nogh,

Delawares of Sandusky.

Haw-kin-pum-is-ka,

Pey-a-mawk-sey,

Reyn-tue-co, (of the Six Nations, living at Sandusky)

In presence of, (the word “goods” in the 6th line of the 3d article ; the word, “before” in the 26th line of the 3d article; the words “five hundred” in the: line of the 4th article; and the word “Piankashaw” in the 14th line of the 4th article, being first interlined.)

H. De Batts, first A. D. C. and Sec’y to M. G. Wayne. Wm. H. Harrison, Aid-de-camp to M. G. Wayne. T. Lewis, Aid-de-camp to M. G. Wayne. James O’Hara, Quarter-Master Genl. John Mills. Major of Infantry, and Adj. Genl. Caleb Swan, P. M. T. U. S. Gen. Demter, Lieut. Artillery. Vigo. P. fris La Fontaine. Ant. Lasselle. H. Laselle. Jn. Beau Bien. David Jones, Chaplain U. S. L. Lewis Beufait. R. Lachambre, Jas. Pepen. Batics Coutien. P. Navarre.

Sworn Interpreters.

Wm, Wells. Jacques Lasselle. M. Morins. Bt. Sans Crainte Christopher Miller. Robert Wilson. Abraham x Williams. Isaac x Zane.

To the Indian names are subjoined a mark and seal.

May 31, 1796 Treaty 7 Stat. 55 AT A TREATY Held at the city of New York, with the Nations or Tribes of Indians,

May 31, 1796.

Proclamation, Jan. 31, 1797.

denominating themselves the Seven Nations of Canada ; Abraham Ogden, Commissioner, appointed under the Authority of the United States, to hold the Treaty; Ohnaweio, alias Goodstream, Teharagwanegen, alias Thomas Williams, two Chiefs of the Caghnawagas ; Atiatoharongwan, alias Colonel Lewis Cook, a Chief of the St. Regis Indians, and William Gray, Deputies, authorized to represent these Seven Nations or Tribes of Indians at the Treaty, and Mr. Gray, serving also as Interpreter ; Egbert Benson, Richard Earick and James Watson, Agents for the State of New-York ; William Constable and Daniel M’Cormick, Purchasers under Alexander Macomb:

The agents for the state, having, in the presence, and with the approbation

Cession of lands to state of New York.

of the commissioner, proposed to the deputies for the Indians, the compensation hereinafter mentioned, for the extinguishment of their claim to all lands within the state, and the said deputies being willing to accept the same, it is thereupon granted, agreed and concluded between the said deputies and the said agents, as follows; The said deputies do, for and in the name of the said Seven Nations or tribes of Indians, cede, release and quit claim to the people of the state of New-York, forever, all the claim, right, or title of them, the said Seven Nations or tribes of Indians, to lands within the said state: Provided nevertheless, That the tract equal to six miles square, reserved in the sale made by the commissioners of the land-office of the said state, to Alexander Macomb, to be applied to the use of the Indians of the village of St. Regis, shall still remain so reserved. The said agents

Consideration paid therefor.

do, for, and in the name of the people of the state of New-York, grant to the said Seven Nations or tribes of Indians, that the people of the state of New-York shall pay to them, at the mouth of the river Chazy, on Lake Champlain, on the third Monday in August next, the sum of one thousand two hundred and thirty-three pounds, six shillings and eight-pence, and the further sum of two hundred and thirteen pounds six shillings and eight-pence, lawfull money of the said state, and on the third Monday in August, yearly, forever thereafter, the like sum of two hundred and thirteen pounds six shillings and eight-pence: Provided nevertheless, That the people of the state of New-York shall not be held to pay the said sums, unless in respect to the two sums to be paid on the third Monday in August next, at least twenty, and in respect to the said yearly sum to be paid thereafter, at least five of the principal men of the said Seven Nations or tribes of Indians, shall attend as deputies to receive and to give receipts for the same : The said deputies having suggested, that the Indians of the village of St. Regis have built a mill on Salmon river, and another on Grass river, and that the meadows on Grass river are necessary to them for hay; in order, therefore, to secure to the Indians of the said village, the use of the said, mills and meadow’s, in case they should hereafter appear not to be included within the above tract so to remain reserved ; it is, therefore, also agreed and concluded between the said deputies, the said agents, and the said William Constable and Daniel M’Cormick, for themselves and their associates, purchasers under the said Alexander Macomb, of the adjacent5556TREATY WITH THE CREEKS. 1796.

Indian reserve.

lands, that there shall be reserved, to be applied to the use of the Indians of the said village of St. Regis, in like manner as the said tract is to remain reserved, a tract of one mile square, at each of the said mills, and the meadows on both sides of the said Grass river from the said mill thereon, to its confluence with the river St. Lawrence.

In testimony whereof, the said commissioner, the said deputies, the said agents, and the said William Constable and Daniel M’Cormick, have hereunto, and to two other acts of the same tenor and date, one to remain with the United States, another to remain with the state of New-York, and another to remain with the said Seven Nations or tribes of Indians, set their hands and seals, in the city of New-York, the thirty-first day of May, in the twentieth year of the independence of the United States, one thousand seven hundred and ninety-six.

Abraham Ogden,

Egbert Benson,

Richard Varick,

James Watson,

William Constable,

Daniel M-Cormick,

Ohawelo, (alias Goodstream),

Olatoharongwau, (alias Colonel Lewis Cook.)

William Gray,

Teharagwanegen, (alias Thomas Williams).

signed, sealed and delivered in the presence of

Samuel Jones, Recorder of the city of New-York. John Tayler, Recorder of the city of Albany. Joseph Ogden Hoffman, attorney-genera! of the state of New-York.

To the Indian names are subjoined a mark and seal.

June 29, 1796 Treaty 7 Stat. 56 A TREATY OF PEACE AND FRIENDSHIP

June 29, 1796.

Proclamation, March 18, 1797.

Made and concluded between the President of the United States of America, on the one Part, and Behalf of the said States, and the undersigned Kings, Chiefs and Warriors of the Creek Nation of Indians, on the Part of the said Nation.(a)(a)

This treaty was ratified by the President and the Senate of the United States on condition that the third and fourth articles should be modified as follows :

The Senate of the United States, two-thirds of the Senators present concurring, did, by their resolution of the second day of March instant, “consent to, and advise the President of the United Stales, to ratify the Treaty of Peace and Friendship, made and concluded at Coleraine, in the slate of Georgia, on the 29ih June, 1796, between the President of the United States of America, on the part and behalf of the said States, and the Kings, Chiefs and Warriors of I ho Creek nation of Indians, on the part of the said nalion : Provided, and on condition, that nothing in the third and fourth articles of the said treaty, expressed in the words following, ‘Article 3d, The President of the United States of America shall have full powers, whenever he may deem it adviscable, to establish a trading or military post on the south aide of the Altamaha, on the bluff, about one mile above Beard‘s bluff ; or any where from thence down the said river on the lands of the Indians, to garrison the same with any part of the military force of the United States, to protect the post, and to prevent the violation of any of the provisions or regulations subsisting between the parties: And the Indians do hereby annex to lhe post aforesaid, a tract of land of five miles square, bordering one side on the river, which post and the lands annexed thereto, are hereby ceded to, and shall be to the use, and under the government of the United States of America.

“Art. 4th, as soon as the President of the United States has determined on the time and manner of running the line from the Currahee mountain, to the head or source of the main south branch of the Oconnee, and notified the Chiefs of the Creek land of the same, a suitable number of persons on their part shall attend, to see the same completed : And if the President should deem it proper, then to fix on any place or places adjoining the river, and on the Indian lands for military or trading posts : the Creeks who attend there, will concur in fixing the same, according to the wishes of the President. And to each post, the Indians shall annex a tract of land of five miles square, bordering one side on the river. And the said lands shall be to the use and under the government of the United States of America. Provided always, that whenever any of the trading or military posts mentioned in this treaty, shall, in the opinion of the President of the United States of America, be no longer necessary for the purposes intended by this cession, the same shall revert to, and become a part of the Indian lands/ shall be construed to affect any claim of the state of Georgia, to the right of pre-emption in the land therein set apart for military or trading posts; or to give to the United States without the consent of the said state, any right to the soil, or to the exclusive legislation over the same, or any other right t han that of establishing, maintaining, and exclusively governing military and trading posts within the Indian territory mentioned in the said articles, as long as the frontier of Georgia may require these establishments.”

Subject to alterations of the 3d and 4th articles, as stated in the note.

The parties being desirous of establishing permanent peace and friendship between the United States and the said Creek nation, and the citizens and members thereof; and to remove the causes of war, by ascertaining their limits, and making other necessary, just and friendly arrangements ; the President of the United States, by Benjamin Hawkins, George Clymer and Andrew Pickens, Commissioners whom he57 hath constituted with powers for these purposes, by and with the advice and consent of the Senate; and the Creek Nation of Indians, by the undersigned Kings, Chiefs and Warriors, representing the whole Creek Nation, have agreed to the following articles :

ARTICLE I.

The Treaty entered into, at New-York, between the parties on the

Treaty at New York binding.

7th day of August, 1790, is, and shall remain obligatory on the contracting parties, according to the terms of it, except as herein provided for.

ARTICLE II.

The boundary line from the Curraheé mountain, to the head, or

Boundary line.

source of the main south branch of the Oconee river, called, by the white people, Appalatchee, and by the Indians, Tulapocka, and down the middle of the same, shall be clearly ascertained, and marked, at such time, and in such manner, as the President shall direct. And the Indians will, on being informed of the determination of the President, send as many of their old chiefs, as he may require, to see the line ascertained and marked.

ARTICLE III.(a)(a) See note at the beginning of the treaty.

The President of the United States of America shall have full powers,

President may establish a trading or military post

whenever he may deem it advisable, to establish a trading or military post on the south side of the Alatamaha, on the bluff, about one mile above Beard’s bluff; or any where from thence down the said river on the lands of the Indians, to garrison the same with any part of the military force of the United States, to protect the posts, and to prevent the violation of any of the provisions or regulations subsisting between the parties : And the Indians do hereby annex to the post aforesaid, a tract of land of five miles square, bordering one side on the river; which post and the lands annexed thereto, are hereby ceded to, and shall be to the use, and under the government of the United States of America.

ARTICLE IV.(a)

As soon as the President of the United Slates has determined on the

Line to be run.

time and manner of running the line from the Currahee mountain, to the head or source of the main south branch of the Oconee, and notified the chiefs of the Creek land of the same, a suitable number of persons on their part shall attend to see the same completed : And if the President should deem it proper, then to fix bn any place or places adjoining the river, and on the Indian lands for military or trading posts; the Creeks who attend there, will concur in fixing the same, according to the wishes of the President. And to each post, the Indians shall annex

Trading or military posts to be established.

a tract of land of five miles square, bordering one side on the river.58 And the said lands shall be to the use and under the government of the United States of America. Provided always, that whenever any of the trading or military posts mentioned in this treaty, shall, in the opinion of the President of the United States of America, be no longer necessary for the purposes intended by this cession, the same shall revert to, and become a part of the Indian lands.

ARTICLE V.

Chiefs to attend the running the line with Spain.

Whenever the President of the United States of America, and the king of Spain, may deem it advisable to mark the boundaries which separate their territories, the President shall give notice thereof to the Creek chiefs, who will furnish two principal chiefs, and twenty hunters to accompany the persons employed on this business, as hunters and guides from the Chocktaw country, to the head of St. Mary’s. The chiefs shall receive each half a dollar per day, and the hunters one quarter of a dollar each per day, and ammunition, and a reasonable value for the meat delivered by them for the use of the persons on this service.

ARTICLE VI.

Boundary line with Choctaws and Chickasaws.

The Treaties of Hopewell, between the United States and the Chocktaws and Chickasaws, and at Holston between the Cherokees and the United States, mark the boundaries of those tribes of Indians. And the Creek nation do hereby relinquish all claims to any part of the territory inhabited or claimed by the citizens of the United States, in conformity with the said treaties.

ARTICLE VII.

Prisoners to be given up.

The Creek nation shall deliver, as soon as practicable, to the superintendant of Indian affairs, at such place as he may direct, all citizens of the United States ; white inhabitants and negroes who are now prisoners in any part of the said nation, agreeably to the treaty at New York, and also all citizens, white inhabitants, negroes and property taken since the signing of that treaty. And if any such prisoners, negroes or property should not be delivered, on or before the first day of January next, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners, negroes and property, under the direction of the President of the United States.

ARTICLE VIII

Presents to the Indians.

In consideration of the friendly disposition of the Creek nation towards the government of the United States, evidenced by the stipulations in the present treaty, and particularly the leaving it in the discretion of the President to establish trading or military posts on their lands; the commissioners of the United States, on behalf of the said states, give to the said nation, goods to the value of six thousand dollars, and stipulate to send to the Indian nation, two blacksmiths, with strikers, to be employed for the upper and lower Creeks with the necessary tools.

ARTICLE IX.

Animosities to cease.

All animosities for past grievances shall henceforth cease, and the contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity. Provided nevertheless, That persons now under arrest, in the state of Georgia, for a violation of the treaty at New-York, are not to be included in this amnesty, but are to abide the decision of law.

ARTICLE X.

This treaty shall take effect and be obligatory on the contracting

When to take effect.

parties, as soon as the same shall have been ratified by the President of the United States, by and with the advise and consent of the senate.

Done at Colerain, the 29th of June, one thousand seven hundred and ninety-six.

BENJAMIN HAWKINS. GEORGE CLYMER. ANDREW PICKENS.

Couwelas.

Chruchatcneah,

Tusikia Mico,

Incleuis Mico,

Tuskenah,

Ookfuskce Tuet

Clewalee Tustu

Cussilas.

Tusikia Mico,

Cussita Mico,

Fusatchee Mico

Opoey Mico.

Broken Arrows.

Tustuneka Mico

Othley Opoey,

Opoey Tustunek

Oboethly Tustun

Euchees.

Euchco Mico.

Usuchees.

Osaw Enehah,

Ephah Tuskena

Tusikia Mico.

Chehaws.

Chebaw Mico.

Talehanas.

Othley poey Mico.

Othley poey Tustimiha.

Oakmulgees

Opoey Thlocco,

Parachuckley,

Tuskenab.

Euphales,

Pabose Mico,

Tostunika Chopeo.

Ottassees.

Fusatchee Hullo Mico

Tusikia Mico,

Mico Opoey.

Tallessees.

Tailessee Mico,

Othley poey Mic

Little Oakjoys.

Meeks Math.

Hicory Ground.

Opoey Mico.

Kuyalegees.

Kelese Hatkie.

Weokies.

Nedhomotea Opoey,

Tuscikia Mico.

Cleewallees.

Opoey-e-Matla.

Coosis,

Hosonupe Hodjo.

Tukabathees.

Holahto Mico,

Tustunika Thlocco.

Oakfuskees,

Poshphalaha.

Abacouchees.

Spani Hodjo,

Tustonika.

Upper Euphaules.

Opoey.

Natchees.

Chinibe.

Upper Cheehaws.

Spokoi Hodjo,

Tustunika.

Mackasookos.

Tuskeehenehaw.

Oconees

Knapematha Thlocco

Cusetahs.

Cusa Mico,

Tusckia Mico Athee,

Halartee Math,

Talahoua Mico,

Neathlocto,

Nuckfamico,

Estechaco Mico,

Tuskegee Tuskinagee

Cochus Mico,

Opio Hajo,

Oneas Tustonagee,

Alak Ajo,

Stilepeck Chatee,

Tuchesee Mico.

Kealeegces.

Cheea Hajo.

Hilchetaws.

Talmasee Matla.

Tuckabatchees.

Tustincke Hajo.

Okolissa,

Coweta Matla,

Coosa Mico,

Fusatcbee Mico,

Pio Hatkee,

Foosatchee Mico,

Neathlaco,

Tuchabatchce Howla,

Spoko Hajo.

Kialeegees.

Chuckchack Nincha,

Opoyo Matla,

Lachlee Math.

Big Tallasees.

Chowostia Hajo,

Neathloco Opyo,

Neathloco,

Chowlactley Mico,

Tocoso Hajo,

Hoochee Matla,

Howlacta,

Tustinica Mico,

Opoy Fraico.

Big Talassce.

Houlacta,

Elcateo Hajo,

Chosolop Hajo,

Coosa Hajo.

Tuchabatchees.

Chohajo.

Cousi‘s,

Tushegee Tustinagee,

Talmasa Watalica.

Euphalces.

Tothes Hago.

Otasecs.

Opio Tustinagee,

Yafkee Matle Hajo,

Oboyethlee Tustinagee,

Tustinagee Hajo,

Hillibee Tustinagee Hajo,

Ella Tuskcena,

Emathlee Loco,

Tuslenagee Mico,

Yaha Tustinagee,

Cunctastee Justinagee.

Ottasees.

Coosa Tustanagee,

Neamatle Matla.

Weeokee’s.

Tusticnika Hajo.

Tuchabatchee’s.

Neamatoochee.

Cussila‘s.

Talewa Othleopoya,

Talmasse Matla,

Niah Weathla,

Bmathlce-laco,

Otlessce Matla,

Muclaasee Matla,

Eufallee Matla.

Tuckabatchees.

Cunipee Howla.

Cowelas.

Hospotak Tustinagee.

Natchess.

Spoko Hodjo.

Uchee‘s.

Tustinagee Chatee.

Usuchees

Spokoca Tustinagee,

Othley poey Tustinagee,

Tuskeeneah

Witness:—James Seagrove, superintendant Indian affairs, C. N. Henry Gaither, lientenant-colonel-commandant. Const. Freeman, A. W, D. major artillery and engineers. Samuel Tinsley, capt. 3d. sub-legion. Samuel Allinson, ensign 2d. sub-legion. John W. Thompson, ensign 1st U. S. sub-legion. Geo. Gillasspy, surgeon L. U. S. Timothy Barnard, D. A. and sworn Interpreter. James Burges, D. A. and sworn Interpreter. James Jordan. Richard Thomas. Alexander Cornels. William Eaton, capt. 4th U. S. sub-legion, commandant at Coleraine and secretary to the commission.

March 29, 1797 Treaty 7 Stat. 61 RELINQUISHMENT To New York, by the Mohawk nation of Indians, under the sanction of the United States of America, of all claim to lands in
March 29, 1797.
Proclamation, April 27, 1798.
that state.

At a treaty held under the authority of the United States, with the Mohawk nation of Indians, residing in the province of Upper Canada, within the dominions of the king of Great Britain, present, the honorable Isaac Smith, commissioner appointed by the United States to hold this treaty ; Abraham Ten Broeck, Egbert Benson, and Ezra L’Hommedieu, agents for the state of New York; captain Joseph Brandt, and captain John Deserontyon, two of the said Indians and deputies, to represent the said nation at this treaty.

The said agents having, in the presence, and with the approbation of the said commissioner, proposed to and adjusted with the said deputies, the compensation as hereinafter mentioned to be made to the said nation, for their claim, to be extinguished by this treaty, to all lands within the said state: it is thereupon finally agreed and done, between the said agents, and the said deputies, as follows, that is to say : the said agents do agree to pay to the said deputies, the sum of one thousand dollars,

Agents of New York pay to the Mohawk deputies, $1000 and their expenses.

for the use of the said nation, to be by the said deputies paid over to, and distributed among, the persons and families of the said nation, according to their usages. The sum of five hundred dollars, for the expenses of the said deputies, during the time they have attended this treaty : and the sum of one hundred dollars, for their expenses in returning, and for conveying the said sum of one thousand dollars, to where the said nation resides. And the said agents do accordingly, for and in the name of the people of the state of New York, pay the said three several sums to the said deputies, in the presence of the said commissioner. And the said deputies do agree to cede and release, and these presents witness, that they accordingly do, for and in the name of

The Mohawks cede all right, &c. for ever.

the said nation, in consideration of the said compensation, cede and release to the people of the state of New York, forever, all the right or title of the said nation to lands within the said state: and the claim of the said nation to lands within the said state, is hereby wholly and finally extinguished.

In testimony whereof, the said commissioner, the said agents, and the said deputies, have hereunto, and to two other acts, of the same tenor and date, one to remain with the United States, one to remain with the said state, and one delivered to the said deputies, to remain with the said nation, set their hands and seals, at the city of Albany, in the said state, the 29th day of March, in the year 1797.

ISAAC SMITH.

Abm. Ten Broeck,

Egbt. Benson,

Ezra L‘Hominedieu

Jos. Brandt,

John Deserontyon.

Witnesses:—Robert Yates, John Tayler, Chas. Williamson, Thomas Morris, The mark of John Abeel, alias the Cornplanter, a chief of the Senekas.

To the Indian names is subjoined a seal.

[For a contract, dated Sept. 15, 1797, between Robert Morris and the Senecas, entered into under the sanction of the United States, sec. post, Appendix 1. p. 601.]

October 2, 1793 Treaty 7 Stat. 62 ARTICLES OF A TREATY,

Oct. 2, 1793.

Between the United States of America, and the Cherokee Indians

Preamble.

Whereas, the treaty made and concluded on Holston River, on the second day of July, in the year one thousand seven hundred and ninety-one,

Ante, p, 39.

between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for some time thereafter, by reason of some misunderstandings which had arisen :—And whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twenty-sixth

Ante, p. 43.

day of June, in the year one thousand seven hundred and ninety-four: In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninety days’ notice of the time and place at which the commissioners of the United States intended to commence their operation : And whereas further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year, one thousand seven hundred and ninety-seven : before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties : but which settlers were removed from the said Indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted : And whereas, for the purpose of doing justice to the Cherokee nation of Indians, and remedying inconveniencies arising to citizens of the United States from the adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens thereof, or from any other cause in relation to the Cherokees ; and in order to promote the interests and safety of the said states, and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed George Walton, of Georgia, and the President of the United States hath also appointed Lieutenant-Colonel Thomas Butler, commanding the troops of the United States, in the state of Tennessee, to be commissioners for the purpose aforesaid: And who, on the part of the United States, and the Cherokee nation, by the undersigned chiefs and warriors, representing the said nation, have agreed to the following articles, namely :

ARTICLE I.

Peace and friendship perpetual.

The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued, and declared perpetual.

ARTICLE II.

Subsisting treaties to operate.

The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force; together with the construction and usage under their respective articles, and so to continue.

62 TREATY WITH THE CHEROKEES. 1798. 63

ARTICLE III.

The limits and boundaries of the Cherokee nation, as stipulated and

Limits to remain the same, &c.

marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty.

ARTICLE IV.

In acknowledgement for the protection of the United States, and for

Cession of territory.

the considerations hereinafter expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tennessee river, below Tellico block-house, called the Wild-cat Rock, in a direct line to the Militia spring, near the Mary-ville road leading from Tellico. From the said spring to the Chill-howie mountain, by a line so to be run, as will leave all the farms on Nine-mile Creek to the northward and eastward of it; and to be continued along Chill-howie mountain, until it strikes Hawkins’s line. Thence along the said line to the great Iron mountain"; and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little river crosses the divisional line to Tuggaloe river: From the place of beginning, the Wild-cat Rock, down the northeast margin of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle, until it intersects Hawkins’s line leading from Clinch. Thence down the said line to the river Clinch ; Thence up the said river to its junction with Emmery’s river; and thence up Emmery’s river to the foot of Cumberland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it intersects with Campbell’s line.

ARTICLE V.

To prevent all future misunderstanding about the line described in

Commissioners for running the line of the cession.

the foregoing article, two commissioners shall be appointed to superintend the running and marking the same where not ascertained by the rivers, immediately after signing this treaty; one to be appointed by the commissioners of the United States, and the other by the Cherokee nation ; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war office of the United States ; another with the executive of the state of Tennessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Chero-kee nation.

ARTICLE VI.

In consideration of the relinquishment and cession hereby made, the

Consideration for the treaty.

United States upon signing the present treaty, shall cause to be delivered to the Cherokees, goods, wares and merchandize, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties.

ARTICLE VII.

The Cherokee nation agree, that the Kentucky road, running between

Kentucky road to be kept open.

the Cumberland mountain and the Cumberland river, where the same shall pass through the Indian land, shall be an open and free road for the use of the citizens of the United States in like manner as the road from Southwest point to Cumberland river. In consideration of which it is hereby agreed on the part of the United States, that until settle-64

Indians may hunt on lands relinquished.

ments shall make it improper, the Cherokee hunters shall be at liberty to hunt and take game upon the lands relinquished and ceded by this treaty.

ARTICLE VIII.

Notice of time for delivering annuities, &c.

Due notice shall be given to the principal towns of the Cherokees, of the time proposed for delivering the annual stipends; and sufficient supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them during a reasonable time.

ARTICLE IX.

Horses stolen to be paid for.

It is mutually agreed between the parties, that horses stolen and not returned within ninety days, shall be paid for at the rate of sixty dollars each; if stolen by a white man, citizen of the United States, the Indian proprietor shall be paid in cash ; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Philadelphia.—This article shall have retrospect to the commencement of the first conferences at this place in the present year, and no further.

Oblivion of past aggressions.

And all animosities, aggressions, thefts and plunderings, prior to that day shall cease, and be no longer remembered or demanded on either side.

ARTICLE X.

The Cherokee agent to have a piece of ground.

The Cherokee nation agree, that the agent who shall be appointed to reside among them from time to time, shall have a sufficient piece of ground allotted for his temporary use.

And lastly, This treaty, and the several articles it contains, shall be considered as additional to and forming a part of, treaties already subsisting between the United States and the Cherokee nation, and shall be carried into effect on both sides, with all good faith as soon as the same shall be approved and ratified by the President of the United States, and the Senate thereof.

In Witness of all and every thing herein determined between the United States of America, and the whole Cherokee nation, the parties hereunto set their hands and seals, in the Council-House, near Tellico, on Cherokee ground, and within the United States, this second day of October, in the year one thousand seven hundred and ninety-eight, and in the twenty-third year of the Independence and Sovereignty of the United States.

THOS. BUTLER, GEO. WALTON.

Ne-ne-tu-ah, or Bloody Fellow,

Ostaiah,

Jaunne, or John,

Oortlokecteh,

Chckonnistaller, or Stallion,

Noot-hoietah,

Kunnateetah, or Rising Fawn,

Utturah, or Skin Worm,

Wee-lee, or Will,

Oolasoteh,

Tlorene,

Jonnurtcekee, or Little John,

Oonatakoteehee,

Kanowsurkee, or Broom,

Yonah Oolah, Bear at Home,

Tunksalenee, or Thick Legs,

Oorkullaukee

Kumamah, or Butterfly

Chattakutechee

Kanitla, or Little Turkey

Kettegiskie

Tauquotihee, or the Glass

Chuquilatague

Sallcekookoo-olah

Tallo tuskee

Chellokee

Tuskeegatee, or Long Fellow

Neeka-anneah, or Woman Holder

Kulsateehee

Keetakeuskah, or Prince

Charley

Akooh

Sawanookeh

Yonah Equah, or Big Bear

Keenahkunnah

Ka-wee-soola-skee

Teekakalohenah

Ookousetech, or John Taylor

Chochu Cheo

TREATY WITH THE CHICKASAWS. 1801. 65

Witnesses:—Elisha I. Hall, Sec. of the Commission. Silas Dinsmoor, I. agent to the Cherokees. John W. Hooker, U. S. Factor. Edw. Butler, Capt. commanding at Tellico. Robt. Purdy, Lieut. 4th U. S. Regt. Ludwell Grymes. Jno. M. Donald. Daniel Ross. Maltw. Wallace, Esquire. Saml. Hanly. Michael McKinsey. Chs. Hicks, interpreter. James Cazey, interpreter, John Thompson.

To the Indian names are subjoined a mark and seal.

October 24, 1801 Treaty 7 Stat. 65 A TREATY, Of reciprocal advantages and mutual convenience between the
Oct. 24, 1801.
Proclamation, May 4, 1802.
United States of America and the Chickasaws.

The President of the United States of America, by James Wilkinson

Consent of Senate, May 1, 1802.

brigadier general in the service of the United States, Benjamin Hawkins of North Carolina, and Andrew Pickens of South Carolina, commissioners of the United States, who are vested with full powers, and the Mingco, principal men and warriors of the Chickasaw nation, representing the said nation, have agreed to the following articles.

Art. I. The Mingco, principal men and warriors of the Chickasaw

Right to make a road, &c. granted to U.S.

nation of Indians, give leave and permission to the President of the United States of America, to lay out, open and make a convenient waggon road through their land between the settlements of Mero District in the state of Tennessee, and those of Natchez in the Mississippi Territory, in such way and manner as he may deem proper ; and the same shall be a high way for the citizens of the United States, and the Chickasaws. The Chickasaws shall appoint two discreet men to serve as assistants, guides or pilots, during the time of laying out and opening the road, under the direction of the officer charged with that duty, who shall have a reasonable compensation for their service: Provided always, that the necessary ferries over the water courses crossed by the said road shall be held and deemed to be the property of the Chickasaw nation.

Art. II. The commissioners of the United States give to the Mingco

Present of goods to Indans.

of the Chickasaws, and the deputation of that nation, goods to the value of seven hundred dollars, to compensate him and them and their attendants for the expense and inconvenience they may have sustained by their respectful and friendly attention to the President of the United States of America, and to the request made to them in his name to permit the opening of the road. And as the persons,-towns, villages, lands, hunting grounds, and other rights and property of the Chickasaws, as set forth in the treaties or stipulations heretofore entered into between the contracting parties, more especially in and by a certificate of the President of the United States of America, under their seal of the first of July 1794, are in the peace and under the protection of the United States, the commissioners of the United States do hereby further agree, that the President of the United States of America, shall take such measures from time to time, as he may deem proper, to assist the Chickasaws to preserve entire all their rights against the encroachments of unjust neighbours, of which he shall be the judge, and also to preserve and perpetuate friendship and brotherhood between the white people and the Chickasaws.

66 TREATY WITH THE CHOCTAWS. 1801.

Art. III.

Treaty, when to take effect.

The commissioners of the United States may, if they deem it advisable, proceed immediately to carry the first article into operation ; and the treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States.

In testimony whereof we, the plenipotentiaries, have hereunto subscribed our names and affixed our seals at Chickasaw Bluffs, the twenty-fourth of October, 1801.

JA. WILKINSON, Brig. Genl., BENJAMIN HAWKINS, ANDW. PICKENS.

Chinmimbo Mingco,

Immuttauhaw,

Chummaube,

George Colbert,

William M-Gillivray,

Opiehoomah,

Olohtohopoie,

Minkemattauhau,

Tushkoopoie,

William Glover,

Thomas Brown,

William Colbert, W. C.

Mooklushopoie,

Opoieolauhtau,

Teschoolauhtau,

James Underwood.

Witnesses:—Samuel Mitchell, Agent to the Chickasaws. Malcom McGeo, Interpreter to the Chickasaws. William R. Bootes, Capt. of 3d Reg. and aid-de-camp. J. B. Walhach, Lieut. and aid-de-camp. J. Wilson, Lieut. 3d Regiment.

To the Indian names are subjoined a mark and seal.

December 17, 1801 Treaty 7 Stat. 66 A TREATY OF FRIENDSHIP, LIMITS AND ACCOMMODATION

Dec. 17, 1801.

Proclamation, May 4, 1802.

Between, the United States of America and the Chactaw nation of Indians.

Ratified April 30, 1802.

Thomas Jefferson, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier-General in the army of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners plenipotentiary of the United States on the one part, and the Mingos, principal men and warriors of the Chactaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz.

Art. I.

Peace and friendship.

Whereas the United States in Congress assembled, did by their commissioners Plenipotentiary, Benjamin Hawkins, Andrew Pickens, and Joseph Martin, at a treaty held with the chiefs and head men of the Chactaw nation at Hopewell, on the Keowe, the third day of January, in the year of our Lord one thousand seven hundred and eighty-six, give peace to the said nation, and receive it into the favor and protection of the United States of America; it is agreed by the parties to these presents respectively, that the Chactaw nation, or such part of it as may reside within the limits of the United States, shall be and continue under the care and protection of the said States ; and that67 the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties shall be maintained and perpetuated.

Art. II. The Mingos principal men and warriors of the Chactaw

A wagon way to be made through Indian lands.

nation of Indians, do hereby give their free consent, that a convenient and durable waggon way may be explored, marked, opened and made under the orders and instructions of the President of the United States, through their lands to commence at the northern extremity of the settlements of the Mississippi Territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the President of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue for ever, a high-way for the citizens of the United States and the Chactaws ; and the said Chactaws shall nominate two discreet men from their nation, who may be employed as assistants, guides or pilots, during the time of laying out and opening the said high-way, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their services.

Art. III. The two contracting parties covenant and agree that the

Boundary.

old line of demarkation heretofore established by and between the officers of his Britannic Majesty and the Chactaw nation, which runs in a parallel direction with the Mississippi river and eastward thereof, shall be retraced and plainly marked, in such way and manner as the President may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi Territory and the Chactaw nation. And the said nation does by these presents relinquish to the United States and quit claim for ever, all their right, title and pretension to the land lying between the said line and the Mississippi river, bounded south by the thirty-first degree of north latitude, and north by the Yazoo river, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled beyond this line, shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials and stock, and that the cabbius or houses erected by such persons shall be demolished.

Art. IV. The President of the United States may, at his discretion,

Indians to be notified of the time, &c. of resurvey.

proceed to execute the second article of this treaty ; and the third article shall be carried into effect as soon as may be convenient to the government of the United States, and without unnecessary delay on the one part or the other, of which the President shall be the judge; the Chactaws to be seasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article, will be commenced.

Art. V. The commissioners of the United States, for and in consideration

83000 delivered to the Indians, &c.

of the foregoing concessions on the part of the Chactaw nation, and in full satisfaction for the same, do give and deliver to the Mingos, chiefs and warriors of the said nation, at the signing of these presents, the value of two thousand dollars in goods and merchandise, nett cost of Philadelphia, the receipt whereof is hereby acknowledged; and they further engage to give three sets of blacksmith’s tools to the said nation.’

Art. VI. This treaty shall take effect and be obligatory on the contracting

Treaty, when to take effect.

parties, so soon as the same shall be ratified by the President68TREATY WITH THE CREEKS. 1802. of the United States of America, by and with the advice and consent of the Senate thereof.

In testimony whereof, the Commissioners Plenipotentiary of the United States, and the Mingos, principal men and warriors of the Chactaw nation, have hereto subscribed their names and affixed their seals, at Fort Adams, on the Mississippi, this seventeenth day of December, in the year of our Lord one thousand eight hundred and one, and of the independence of the United States the twenty-sixth.

JA. WILKINSON, BENJAMIN HAWKINS, ANDW. PICKENS.

Tuskona Hopoia,

Toots Homo,

Mingo Homo Massatubby

Oak Chumme,

Mingo Poos,coos,

Buckshun Nubby,

Shappa Homo,

Hi,u,pa Homo,

Il,la talla, Homo,

Hoché Homo,

Tuspéna Chaabè,

Muclusha Hopoia,

Ciipputanne Thlucco,

Robert M’Clure,

Poosha Homo,

Ba ka Lub,bè.

Witnesses present:—Alexander Macomb, jun. secretary to the commission; John M. Kee, deputy superintendant and agent to the Chactaws; Henry Gaither, lieutenant colonel commandant; John H. Brull, major second regiment infantry; Bn. Shaumburgh, captain second regiment infantry ; Fran. Jones, assistant quarter master general; Benjamin Wilkinson, lieutenant and paymaster third United Slates regiment ; J. B. Walbach, aid de camp to the commanding general; J. Wilson, lieutenant third regiment infantry ; Samuel Jeton, lieutenant second regiment of artillery and engineers; John F. Carmichael, surgeon third regiment United Slates army.

To the Indian names are subjoined a mark and seal.

June 16, 1802 Treaty 7 Stat. 68 A TREATY OF LIMITS

June 16, 1802.

Proclamation, Jan. 11, 1803.

Between the United Slates of America and the Creek Nation of Indians.

Thomas Jefferson, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier General in the army of the United States, Benjamin Hawkins, of North-Carolina, and Andrew Pickens of South-Carolina, Commissioners Plenipotentiary of the United States, on the one part, and the Kings, Chiefs, Head Men and Warriors of the Creek Nation, in council assembled, on the other part, have entered into the following articles and conditions, viz.

Article I.

Cession of territory to U. S.

The Kings, Chiefs, Head men and Warriors of the Creek nation, in behalf of the said nation, do by these presents cede to the United States of America, all that tract and tracts of land, situate, lying and being within and between the following bounds, and the lines and limits of the extinguished claims of the said nation, heretofore ascertained and established by treaty. That is to say—beginning at the upper extremity of the high shoals of the Appalachee river, the same being a branch of the Oconee river, and on the southern bank of the same—running thence a direct course to a noted ford of the south branch of Little river, called by the Indians Chat-to-chuc-co bat-chee—thence a direct line to the main branch of Commissioners’ creek, where the same is intersected by the path leading from the rock-landing to the69 Ocmulgee Old Towns, thence a direct line to Palmetto Creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river—thence down the middle waters of the said Creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river, thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same at low water mark to the lower bank of Goose Creek, and from thence by a direct line to the Mounts, on the Margin of the Okefmocau swamp, raised and established by the commissioners of the United States and Spain at the head of the St. Mary’s river; thence down the middle waters of the said river, to the point where the old line of demarkation strikes the same, thence with tire said old line to the Altamaha river, and up the same to Goose Creek: and the said Kings, Chiefs, Head men and Warriors, do relinquish and quit claim to the United States all their right, title, interest and pretensions, in and to the tract and tracts of land within and between the bounds and limits aforesaid, for ever.

Art. II. The commissioners of the United States, for and in consideration

Consideration for the foregoing concession.

of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same do hereby covenant and agree with the said nation, in behalf of the United States, that the said states shall pay to the said nation, annually, and every year, the sum of three thousand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also twenty-five thousand dollars in the manner and form fol-lowing, viz. Ten thousand dollars in goods and merchandize, the receipt of which is hereby acknowledged ; ten thousand dollars to satisfy certain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment aforesaid, to become the right and property of the Creek nation, and to be recovered for their use in such way and manner as the President of the United States may think proper to direct ; five thousand dollars to satisfy claims for property taken by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the provisions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed that the United States shall furnish to the said nation two sets of blacksmiths tools, and men to work them, for the term of three years.

Art. III. It is agreed by the contracting parties, that the garrison or

Garrisons to be established on Indian lands.

garrisons which may be found necessary for the protection of the frontiers, shall be established upon the laud of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain.

Art. IV. The contracting parties to these presents, do agree that this

When to take effect.

treaty shall become obligatory and of full effect so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.

In testimony whereof, the Commissioners Plenipotentiary of the United States, and the Kings, Chiefs, Head Men and Warriors of the Creek nation, have hereunto subscribed their names and affixed their seals, at the camp of the Commissioners of the United States, near Fort Wilkinson, on the Oconee river, this sixteenth day of June, in the year of our Lord one thousand eight hundred and70AGREEMENT WITH THE SENECAS. 1802. two, and of the independence of the United States the twenty-sixth.

JAMES WILKINSON, (l.s.) BENJAMIN HAWKINS, (l.s.) ANDREW PICKENS, (l.s.)

Efau Haujo,

1 Tustunnuggee Thlucco,

2 Hopoie Micco,

3 Hopoie O-loh-tau,

Tallesee Micco,

Tus-sei-kia Micco,

Micco Thlucco,

Otohbm Haujo,

Talman Haujo,

Autlosse Ermntlau,

Tuskenehau Chapco,

Chou-wacke lo Micco,

Toosce hatche Micco,

Hopoie Yauholo,

Hoithlewau le Micco,

Efau Haujo of Cooloome,

Cus-se-luh You-ho-lo,

Wa-wo-cau Tus-tun-nug-gee,

Ne-ho-mah to Tus-tun-nug-gee,

Jus-tun-nue Haujo,

Ho-poi-e Tus-tuu-nug-gee,

Tal-chis-chau Mic-co,

Yaaf-kee Emantla Haujo,

Coosaudec Tustunnuggee,

Nenehom ohtau Tustunnuggee Micco,

Is-fau-nau Tus-tun-nug-gec

Eufaulau-Tustunnuggee,

Tustunnuc Hoithle poyuh,

Is hopei Tustunnuggee,

Cowetuh Tustunnuggee,

Hopoithie Haujo,

Woe-see Haujo,

Uctij utchee Tustunnuggec,

Okelesau Hut-kee,

Pa-hose Mic-co,

Micke Etmautlau,

Hoithle po yan Haujo,

Cussetuh Haujo,

Ocheesec Tustunnuggee,

Tooselnatchee Haujo,

Isfau-ne Haujo,

Ho-Poith-le Ho-poi-e,

Oluh-tuh Emautlau.

Timothy Barnard, Alexander Cornels, Joseph Islands, Interpreters. Alexander Macomb, jun. Secretary to the Commission. William R. Bootes, Captain 2d Regiment Infantry. T. Blackburn, Lieut. Com. Comp. D. John B. Barnes, Lieut. United States A. Wm. Hill, Ajt. C. D.

To the Indian titles are subjoined a mark and seal.

June 30, 1802 Treaty 7 Stat. 70 THIS INDENTURE,

June 30, 1802.

Proclamation, Jan. 12, 1803.

Made the thirtieth day of June, in the year of our Lord one thousand eight hundred and two, between the Sachems, Chiefs, and Warriors of the Seneca nation of Indians, of the. first part, and Wilhem Willinlc, Pieter Pan Eeghen, Hendrik Pollenhoven, W. Willink the younger, I.
Ratified Jan. 12, 1803.
Willink the younger (son of Jan) Jan Gabriel Pan Slaphorst, Roelaf Pan Slaphorst, the younger, Cornells Pollenhoven, and Hendrik Seye, all of the city of Amsterdam, and republic of Batavia, by Joseph Ellicott, esquire, their agent and attorney, of the second part.

Preamble.

Whereas at a treaty held under the authority of the United States with the said Seneca nation of Indians, at Buffalo creek, in the county of Ontario, and state of New-York, on the day of the date of these presents, by the honorable John Taylor, 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 provided, a convention was entered into in the presence and with the approbation of the said commissioner, between the said Seneca nation of Indians and the said Wilhem Willink, Pieter Van Eeghen, Hendrik Vollenhoyen, W, Willink the71 younger, I. Willink the younger (son of Jan) Jan Gabriel Van Staphorst, Roelof Van Staphorst the younger, Cornelis Vollenhoven, and Hendrik Seye, by the said Joseph Ellicott, their agent and attorney, lawfully constituted and appointed for that purpose.

Now this Indenture witnesseth, That the said parties of the first

Cession of lands.

part, for and in consideration of the lands hereinafter described, do hereby exchange, cede, and forever quit claim to the said parties of the second part, their heirs and assigns, all those lands situate, lying and being in the county of Ontario, and state of New-York, being part of the lands described and reserved by the said parties of the first part, in a treaty or convention held by the honorable Jeremiah Wadsworth, esquire, under the authority of the United States on the Genesee river the 15th day of September, one thousand seven hundred and ninety-seven, in words following, viz.

“Beginning at the mouth of the eighteen mile or Kogh-quaw-gu

Boundary described.

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 therefrom, 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 Con-non-dau-we-gea 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 Jake to the place of beginning;" reference being thereunto had will fully appear. 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 tracts of land, above described, to have and to hold all and singular the said granted premises, with the appurtenances, to the said parties of the second part, their heirs and assigns, to their only proper use, benefit and behoof forever.

And in consideration of the said lands described and ceded as aforesaid,

Consideration.

the said parties of the second part, by Joseph Ellicott, their agent and attorney as aforesaid, do hereby exchange, cede, release, and quit claim to the said parties of the first part, and their nation (the said parties of the second part, reserving to themselves the right of pre-emption) all that certain tract or parcel of land situate as aforesaid. Beginning at a post marked No. 0. standing on the bank of lake Erie, at the mouth of Cataraugos creek, and on the north bank thereof; thence along the shore of said lake N. 11° E. 21 chains; N. thirteen degrees east 45 chains; N. 19° E. 14 chains 65 links to a post; thence east 119 chains to a post ; thence south 14 chains 27 links to a post ; thence east 640 chains to a post standing in the meridian between the Sth and 9th ranges; thence along said meridian south 617 chains 75 links, to a post standing on the south bank of Cataraugos creek ; thence west 160 chains to a post; thence north 290 chains 25 links to a post; thence west 4S2 chains 31 links to a post; thence north 219 chains 50 links to a post standing on the north bank of Cataraugos creek ; thence down the same and along the several meanders thereof, to the place of beginning. To hold to the said parties of the first part in the same manner and by the same tenure as the lands reserved by the said parties of the first part in and by the said treaty or convention entered into on Genesee river, the 15th day of September, one thousand seven hundred and ninety-seven, as aforesaid, were intended to be held.

72 TREATY WITH THE SENECAS. 1802.

In testimony whereof the parties to these presents have hereunto, and to two other indentures of the same tenor and date, one to remain with the United States, one to remain with the said parties of the first part, and one other to remain with the said parties of the second part, interchangeably set their hands and seals, the day and year first above written.

Con-nea-ti-u,

Koe-en-twah-ka, or Corn Planter,

Won-dou-goohkat,

Te-kon-nou-du,

Te-ki-ain-dan,

Sa-goo-yes,

Tow-yo-cau-na, or Blue Sky,

Koying-quau-lab, or Young King,

Ka-oun-doo-wand, or Pollard,

Con-na-wau-de-au,

Soo-no-you,

Au-wen-nau-sa,

Soo-gou-ya-wau-tau, or Red Jacket,

Cosh-kou-tough,

Te-yo-kai-hos-sa,

Ona-ya-wos, or Farmer’s Brother,

So-nau-goi-es,

Gish-ka-ka, or Little Billy,

Sus-aa-oo-wan.

Wilhem Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Willink, the younger, I. Willink the younger, (son of Jan) Jan Gabriel Van Staphorat, Roelof Vanstaphorst the younger, Cornelius Vollenhoven, and Hendrik Seye, by their Attorney,

JOSEPH ELLICOTT.

Sealed and delivered in the presence of Jno. Thomson, Israel Chapin, James W. Stevens. Horatio Jones, Jasper Parrish, Interpreters.

To the Indian aatnee are subjoined a mark and seal.

Done at a full and general treaty of the Seneca nation of Indians, held at Buftalo Creek, in the county of Ontario, and state of New-York, on the thirtieth day of June, in the year of our Lord one thousand eight hundred and two, under the authority of the United States. In testimony whereof I have hereunto set my hand and seal, the day and year aforesaid,

JOHN TAYLER.

June 30, 1802 Treaty 7 Stat. 72 AT A TREATY

June 30, 1802.

Proclamation, Feb. 7, 1803.

Held under the authority of the United States, at Buffalo Creek in the county of Ontario, and state of New-York, between the Sachems, Chiefs and Warriors of the Seneca Nation of
Ratified Feb. 7, 1803.
Indians, on behalf of said nation, and Oliver Phelps, Esq. of the county of Ontario, Isaac Bronson, Esq. of the city of New-York, and Horatio Jones, of the said county of Ontario, in the presence of John Tayler, Esq. Commissioner appointed by the President of the United States for holding said treaty.

Cession of certain lands.

Know all men by these presents, that the said Sachems, Chiefs and Warriors, for and in consideration of the sum of twelve hundred dollars, lawful money of the United States, unto them in hand paid by the said Oliver Phelps, Isaac Bronson and Horatio Jones, at or immediately before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have and by these presents do grant, remise, release and forever quit claim and confirm unto the said Oliver Phelps, Isaac Bronson and Horatio Jones, and to their heirs and assigns, all that tract of land commonly called and known by the name of Little Beard’s Reservation, situate, lying and being in the said county of Ontario, bounded on the East by the Genesee river and Little Beard’s Creek, on the south and west by other lands of the said parties of the secondTREATY WITH THE CHOCTAWS. 1802.73 part, and on the north by Big Tree Reservation—containing two square miles, or twelve hundred and eighty acres, together with all and singular, the hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, to hold to them the said Oliver Phelps, Isaac Bronson and Horatio Jones, their heirs and assigns, to the only proper use and behoof of them the said Oliver Phelps, Isaac Bronson and Horatio Jones their heirs and assigns forever.

In testimony whereof the said Commissioner, and the said parties have hereunto, and to two other instruments of the same tenor and date, one to remain with the United States, one to remain with the Seneca Nation of Indians, and one to remain with the said Oliver Phelps, Isaac Bronson and Horatio Jones, interchangeably set their hands and seals. Dated the 30th day of June in the year of our Lord one thousand eight hundred and two.

Con-nea-ti-u,

Koe-en-lwah-ka, or Corn Planter,

Won-don-goohk-ta,

Te-kon-non-du,

Te-ki-ain-dau,

Sa-goo-yes

Tou-yo-cau-na, or Blue Sky,

Koy ing-quau-tah, or Young King,

Soo-goo-ya-wau-tau, or Red Jacket,

Ona-ya-woa, or Farmer’s Brother,

Ka-oun-doo-wand, or Pollard,

A u-wen-nan-sa.

Sealed and delivered in presence of Jno. Thomson. James W. Stevens. Israel Chapin. Jasper Parrish, Interpreter.

To the Indian names are Bubjnined a mark and seal.

Oct. 17, 1802 Treaty 7 Stat. 73 A PROVISIONAL CONVENTION

Oct. 17, 1802.

Proclamation, Jan. 20, 1803.

Entered into and made by brigadier general James Wilkinson, of the state of Maryland, commissioner for holding conferences with the Indians south of the Ohio river, in behalf of the United States, on the one part, and the whole Choctaw nation, by their
Ratified Jan. 20, 1803.
chiefs, head men, and principal warriors, on the other part.

Preamble. For the mutual accommodation of the parties, and to perpetuate that concord and friendship, which so happily subsists between them, they do hereby freely, voluntarily, and without constraint, covenant and agree,

Art. I. That the President of the United States may, at his discretion,

Boundary line to be re-marked, &c.

by a commissioner or commissioners, to be appointed by him, by and with the advice and consent of the Senate of the United States, retrace, connect, and plainly remark the old line of limits, established by and between his Britanic majesty and the said Choctaw nation, which begins on the left bank of the Chickasawhay river and runs thence in an easterly direction to the right bank of the Tombigby river, terminating on the same, at a bluff well known by the name of Hach-a-Tig-geby, but it is to be clearly understood, that two commissioners, to be appointed by the said nation, from their own body, are to attend the commissioner or commissioners of the United States, who may be appointed to perform this service, for which purpose the said Choctaw nation shall be seasonably advised by the President of the United States, of the particular period at which the operation may be commenced, and the said Choctaw commissioners shall be subsisted by the United States, so long as they may be engaged on this businesss, and paid for their services, during the said term, at the rate of one dollar per day.

74 TREATY WITH THE DELAWARES, ETC. 1803.

Art. II.

Title to lands released to U.S.

The said line, when thus remarked and re-established, shall form the boundary between the United States and the said Choctaw nation, in that quarter, and the said Choctaw nation, For, and in consideration of one dollar, to them in hand paid by the said United States, the receipt whereof is hereby acknowledged, do hereby release to the said United States, and quit claim for ever, to all that tract of land which is included by the before named line on the north, by the Chickasaw hay river on the west, by the Tombigby and the Mobile rivers on the east, and by the boundary of the United States on the south.

Art. III.

Alteration of old boundary.

The chiefs, head men, and warriors, of the said Choctaw nation, do hereby constitute, authorise and appoint, the chiefs and head men of the upper towns of the said nation, to make such alteration in the old boundary line near the mouth of the Yazott river, as may be found convenient, and may be done without injury to the said nation.

Art. IV.

When to take effect.

This convention shall take effect and become obligatory on the contracting parties as soon as the President of the United States, by and with the advice and consent of the Senate, shall have ratified the same.

In testimony whereof, the parties have hereunto set their hands and affixed their seals, at Fort Confederation, on the Tombigby in the Choctaw country, this 17th day of October, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States the twenty-seventh.

JAMES WILKINSON.

In behalf of the lower towns and Chickasawhay.

Tusk-ó-na Hoò-poi-o,

Mingo Poos-koos,

Mingo Poos-koos, 2d,

Poosh a Mat-ta-haw.

In behalf of the upper towns.

Oak Chummy,

Tuskee, Mai-a-by.

In behalf of the six towns and lower town.

Lat-al-a hòm-ah,

Mook-la-hoo-soo poi-eh,

Mingo, Hom, As-tubby,

Tusk-a hdin-ah.

Witnesses Present:—Silas Dinsmore, Agent to the Choctaws. Peter H. Naisalis, John Long, Interpreters. John Pitchlynn, Turner Brashears.

To the Indian names are subjoined a mark and seal.

June 7, 1803 Treaty 7 Stat. 74 ARTICLES OF A TREATY

June 7, 1803.

Proclamation, Dec. 26, 1803.

Between the United States of America, and the Delawares, Shawanoes, Putawatimies, Miamies, Eel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias nations of Indians.

Articles of a treaty made at Fort Wayne on the Miami of the Lake, between William Henry Harrison, governor of the Indiana territory, superintendent of Indian affairs and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the Ohio, of the one part, and the tribes of Indians called the Delawares, Shawanoes, Putawatimies, Miamies and Kickapoos, by their chiefs and head warriors, and those of the Eel river, Weeas, Piankashaws and Kaskas-75kias by their agents and representatives Tuthinipee, Winnemac, Richerville and Little Turtle (who are properly authorised by the said tribes) of the other part.

Article 1st. Whereas it is declared by the fourth article of the

Boundaries of a tract reserved to the U. S. described.

Ante, p. 51.

treaty of Greenville, that the United States reserve for their use the post of St. Vincennes and all the lands adjacent to which the Indian titles had been extinguished : And whereas, it has been found difficult to determine the precise limits of the said tract as held by the French and British governments : it is hereby agreed, that the boundaries of the said tract shall he as follow : Beginning at Point Coupee on the Wabash, and running thence by a line north seventy-eight degrees, west twelve miles, thence by a line parallel to the general course of the Wabash, until it shall be intersected by a line at right angles to the same, passing through the mouth of White river, thence by the last mentioned line across the Wabash and towards the Ohio, seventy-two miles, thence by a line north twelve degrees west, until it shall be intersected by a line at right angles to the same, passing through Point Coupee, and by the last mentioned line to the place of beginning.

Art. 2d. The United States hereby relinquish all claim which they

U. S. give up all claim to adjoining lands.

may have had to any lands adjoining to or in the neighbourhood of the tract above described.

Art. 3d. As a mark of their regard and attachment to the United

Salt spring, &c. ceded to U. S.

States, whom they acknowledge for their only friends and protectors, and for the consideration herein after mentioned, the said tribes do hereby relinquish and cede to the United States the great salt spring upon the Saline creek which falls into the Ohio below the mouth of the Wabash, with a quantity of land surrounding it, not exceeding four miles square, and which may be laid off in a square or oblong as the one or the other may be found most convenient to the United States : And the said United States being desirous that the Indian tribes should

U. S. engage to deliver for the use of the Indians a certain quantity of salt yearly.

participate in the benefits to be derived from the said spring, hereby engage to deliver yearly and every year for the use of the said Indians, a quantity of salt not exceeding one hundred and fifty bushels, and which shall be divided among the several tribes in such manner as the general council of the chiefs may determine.

Art. 4th. For the considerations before mentioned and for the convenience

Grant to U. S. of sites for three houses of entertainment.

which the said tribes will themselves derive from such establishments it is hereby agreed that as soon as the tribes called the Kickapoos, Eel River, Weeas, Piankashaws and Kaskaskias shall give their consent to the measure, the United States shall have the right of locating three tracts of lands (of such size as may be agreed upon with the last mentioned tribes) on the main road between Vincennes and Kaskaskias, and one other between Vincennes and Clarksville for the purpose of erecting houses of entertainment for the accommodation of travellers. But it is expressly understood that if the said locations are made on any of the rivers, which cross the said road, and ferries should be established on the same, that in times of high water any Indian or Indians belonging to either of the tribes who are parties to this treaty shall have the privilege of crossing such ferry toll free.

Art. 5th. Whereas there is reason to believe that if the boundary

Provision for future alterations of the boundary.

lines of the tract described .in the first article should be run in the manner therein directed, that some of the settlements and locations of land made by the citizens of the United States will fall in the Indian country—It is hereby agreed that such alterations shall be made in the direction of these lines as will include them ; and a quantity of land76 equal in quantity to what may be thus taken shall be given to the said tribes either at the east or the west end of the tract.

In testimony whereof, The commissioner of the United States and the chiefs and warriors of the Delawares, Shawanoes, Putawatimies, Miamies and Kickapoos, and those of the Eel River, Weeas, Piankashaws, and Kaskaskias, by their agents and representatives, Tuthinipee, Winnemac, Richerville, and the Little Turtle, who are properly authorised by the said tribes, have hereunto subscribed their names and affixed their seals at Fort Wayne, this seventh day of June, in the year of our Lord one thousand eight hundred and three, and of the independence of the United States, the twentyseventh.

WILLIAM HENRY HARRISON.

Miamies.

$\begin{matrix} Richerville, \\ Me-sho-kun-nogh-quoh, (o Little Turtle.) \end{matrix}} \begin{matrix} On behalf of themselves and Eel River, Weeas, Piankashaws and Kaskaskias, whom they represent. \end{matrix}$

Kickapoos.

Nah-mah-to-hah, (or Standing,)

Pas-she-wo-hah, (or Cat.)

Shawanaese.

Neahnemsiceh.

Putawatimies.

$\begin{matrix} Tuthinipee, \\ Winnemac. \end{matrix}} \begin{matrix} On behalf of the Putawatimies and Eel River, Weeas, Piankashaws and Kaskaskias, whom they represent. \end{matrix}$

Wannangsea or Five Meddals,

Kee-saas, (or Sun.)

Delawares.

Teta Buxike,

Bu-kon-ige-helas,

Hockingpomskenn,

Kechkawhanund.

Shawanoese.

Cu-the-we-ka-saw, or Black Hoof,

Melbawnasice,

Signed, sealed and delivered in the presence of, Jno. Rice Jones, Secretary to the Commissioner, Jno. Gibsnn, Secretary Indiana Territory. Tho. Pasteur, Capt, first regt. Infantry. William Wells, Interpreter. Jno. Johnston, U. S. Factor. Hendrick Aupaumut, Chief of Muhbecon. Thomas Freeman.

The proceedings at the within treaty were faithfully interpreted by us, John Gibson and William Wells; that is, for the Delawares, John Gibson, and for the rest of the tribes, William Wells.

JOHN GIBSON, WILLIAM WELLS.

To the Indian names are subjoined a mark and seal.

August 7, 1803 Treaty 7 Stat. 77 AT A COUNCIL

Aug. 7, 1803.

Proclamation, Dec. 23, 1803.

Holden at Vincennes on the seventh day of August, one thousand eight hundred and three, under the direction of William Henry Harrison, governor of the Indiana territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian nations north west of the river Ohio, at which were present the chiefs and warriors of the Eel River, Wyandot, Piankashaws and Kaskaskia nations, and also the tribe of the Kikapoes, by their representatives, the chiefs of the Eel River nation.

The fourth article of the treaty holden and concluded at Fort Wayne,

Right given to U.S. of locating certain land.

Ante, p. 74.

on the seventh day of June, one thousand eight-hundred and three, being considered, the chief’s and warriors of the said nations give their free and full consent to the same, and they do hereby relinquish and confirm to the United States the privilege and right of locating three several tracts of land of one mile square each, on the road leading from Vincennes to Kaskaskia, and also one other tract of land of one mile square on the road leading from Vincennes to Clarksville ; which locations shall be made in such places on the aforesaid roads as shall best comport with the convenience and interest of the United States in the establishment of houses of entertainment for the accommodation of travellers.

In witness whereof, The said William Henry Harrison, and the said chiefs and warriors of the before mentioned nations and tribe of Indians, have hereunto set their hands and affixed their seals the day and year first above written.

WILLIAM HENRY HARRISON.

Ke Tanga or Charly,

Akeketa or Ploughman,

Puppegnon or Gun,

La Boussier,

Saconguaneva or Tired Legs,

Little Eyes,

Grosble or Big Corn,

Black Dog,

Ducoigne,

Pedagogue,

Signed, sealed and delivered in the presence of us, Jno. Rico Jones, B. Parker, Joseph Barron, Interpreter.

To the Indian names are subjoined a mark and seal.

August 13, 1803 Treaty 7 Stat. 78 A TREATY

Aug. 13, 1803.

Proclamation, Dec. 23, 1803.

Between the United States of America and the Kaskaskia Tribe of Indians.

Articles of a treaty made at Vincennes in the Indiana territory, between William Henry Harrison, governor of the said territory, superintendent of Indian affairs and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the river Ohio of the one part, and the head chiefs and warriors of the Kaskaskia tribe of Indians so called, but which tribe is the remains and rightfully represent all the tribes of the Illinois Indians, originally called the Kaskaskia, Mitchigamia, Cahokia and Tamaroi of the other part :

Article 1st. Whereas from a variety of unfortunate circumstances the several tribes of Illinois Indians are reduced to a very small number, the remains of which have been long consolidated and known by the name of the KaskasKa tribe, and finding themselves unable to occupy the extensive tract of country which of right belongs to them and which was possessed by their ancestors for many generations, the chiefs and warriors of the said tribe being also desirous of procuring the means of improvement in the arts of civilized life, and a more certain and effectual support for their women and children, have, for the considerations

Cession to the United States.

hereinafter mentioned, relinquished and by these presents do relinquish and cede to the United States all the lands in the Illinois country, which the said tribe has heretofore possessed, or which they may rightfully claim, reserving to themselves however the tract of about three hundred and fifty acres near the town of Kaskaskia, which they have always held and which was secured to them by the act of Congress of the third day of March, one thousand seven hundred and ninety-one, and also the right of locating one other tract of twelve hundred and eighty acres within the bounds of that now ceded, which two tracts of land shall remain to them forever.

Art. 2d.

U. S. to take the Kaskaskias under their protection, &c.

The United States will take the Kaskaskia tribe under their immediate care and patronage, and will afford them a protection as effectual against the other Indian tribes and against all other persons whatever as is enjoyed by their own citizens. And the said Kaskaskia tribe do hereby engage to refrain from making war or giving any insult or offence to any other Indian tribe or to any foreign nation, without having first obtained the approbation and consent of the United States.

Art. 3d.

Former annuity to be increased how to be paid.

The annuity heretofore given by the United States to the said tribe shall be increased to one thousand dollars, which is to be paid to them either in money, merchandize, provisions or domestic animals, at the option of the said tribe : and when the said annuity or any part thereof is paid in merchandize, it is to be delivered to them either at Vincennes, Fort .Massac or Kaskaskia, and the first cost of the goods in the sea-port where they may be procured is alone to be charged to the said tribe free from the cost of transportation, or any other contingent expence. Whenever the said tribe may choose to receive money,

A house for the chief to be built, and a field for the tribe to be enclosed.

provisions or domestic animals for the whole or in part of the said annuity, the same shall be delivered at the town of Kaskaskia. The United States will also cause to be built a house suitable for the accommodation of the chief of the said tribe, and will enclose for their use a78TREATY WITH THE KASKASKIAS. 1803. 79 field not exceeding one hundred acres with a good and sufficient fence. And whereas, The greater part of the said tribe have been baptised and received into the Catholic church to which they are much attached, the United States will give annually for seven years one hundred dollars

Annual sum to be paid to a catholic priest, &c.

A sum to be given by U. S. for erecting a church.

towards the support of a priest of that religion, who will engage to perform for the said tribe the duties of his office and also to instruct as many of their children as possible in the rudiments of literature. And the United States will further give the sum of three hundred dollars to assist the said tribe in the erection of a church. The stipulations made in this and the preceding article, together with the sum of five hundred and eighty dollars, which is now paid or assured to be paid for the said tribe for the purpose of procuring some necessary articles, and to relieve them from debts which they have heretofore contracted, is considered as a full and ample compensation for the relinquishment made to the United States in the first article.

Art. 4th. The United States reserve to themselves the right at any

Right of dividing annuity reserved to U. S.

future period of dividing the annuity now promised to the said tribe amongst the several families thereof, reserving always a suitable sum for the great chief and his family.

Art. 5th. And to the end that the United States may be enabled to fix with the other Indian tribes a boundary between their respective claims, the chiefs and head warriors of the said Kaskaskia tribe do hereby declare that their rightfull claim is as follows, viz—Beginning

Boundaries fixed.

at the confluence of the Ohio and the Mississippi, thence up the Ohio to the mouth of the Saline creek, about twelve miles below the mouth of the Wabash, thence along the dividing ridge between the said creek and the Wabash untill it comes to the general dividing ridge between the waters which fall into the Wabash, and those which fall into the Kaskaskia river; and thence along the said ridge untill it reaches the waters which fall into the Illinois river, thence in a direct course to the mouth of the Illinois river, and thence down the Mississippi to the beginning.

Art. 6th. As long as the lands which have been ceded by this treaty

Indians may hunt, &c. on ceded lands.

shall continue to be the property of the United States, the said tribe shall have the priviledge of living and hunting upon them in the same manner that they have hitherto done.

Art. 7th. This treaty is to be in force and binding upon the said

When to take effect.

parties, as soon as it shall be ratified by the President and Senate of the United States.

In witness whereof, The said commissioner plenipotentiary and the head chiefs and warriors of the said Kaskaskia tribe of Indians have hereunto set their hands and affixed their seals, the thirteenth day of August in the year of our Lord one thousand eight hundred and three, and of the independence of the United States the twenty-eighth.

WILLIAM HENRY HARRISON.

Jean Baptiste Ducoigne,

Pedagouge,

Nicolas or Nicholas,

Ocksinga a Mitchigamian,

Kee-tin-sa a Cahokian.

LOUIS DECOUCIGNE.

Sealed and delivered (the words “and thence along the said ridge” between the third and fourth lines of the fifth article being first interlined) in the presence of Jno. Rico Jones, Secretary to the Commissioner. Henry Vanderburg, one of the Judges of the Indiana Territory. T. F. Rivet, Indian Missionary. Vigo, Colonel of Knox county Militia. Cornelius Lyman, Capt. 1st inft. regt. Jas. Johnson, of Indiana Territory. B. Parker, of the Indiana Territory. Joseph Barron, Interpreter.

To the Indian names are subjoined a mark and seal.

August 31, 1803 Treaty 7 Stat. 80 TO WHOM THESE PRESENTS SHALL COME,

Aug. 31, 1803..

Proclamation, Dec. 26, 1803.

Know ye, That the undersigned, commissioners plenipotentiary of the United States of America, of the one part, and of the whole Choctaw nation of the other part, being duly authorised by the President of the United States, and by the chiefs and headmen of the said nation, do hereby establish in conformity to the convention of Fort Confederation, for the line of demarkation recognized in the said convention, the following metes and bounds, viz. : Beginning in the channel of the Hatchec Comesa, or Wax river, at the point where the line of limits, between the United States and Spain crosseth the same, thence up the channel of said river to the confluence of the Chickasaw-Hay and Buckhatannee rivers, thence up the channel of the Buckhataunee to Bogue Hooma or Red creek, thence up the said creek to a Pine tree standing on the left bank of the same, and blazed on two of its sides, about twelve links southwest of an old trading path, leading from the town of Mobile to the Hewanee towns, much worn, but not in use at the present time:—From this tree we find the following bearings and distances, viz. : south fifty four degrees thirty minutes, west, one chain, one link a black gum, north thirty nine degrees east one chain seventy five links a water oak; thence with the old British hue of partition in its various inflections, to a Mulberry post, planted on the right bank of the main branch of Sintce Bogue or Snake creek, where it makes a sharp turn to the south east, a large broken top Cypress-tree standing near the opposite bank of the creek, which is about three poles wide, thence down the said creek to the Tombigby river, thence down the Tombigby and Mobile rivers, to the above mentioned line of limits between the United States and Spain, and with the same to the point of beginning : And we, the said commissioners plenipotentiary, do ratify and confirm the said line of demarkation, and do recognise and acknowledge the same to be the boundary which shall separate and distinguish the land ceded to the United States, between the Tombigby, Mobile and Pascagola rivers, from that which has not been ceded by the said Choctaw nation.

In testimony whereof, We hereunto affix our hands and seals, this 31st day of August, in the year of our Lord one thousand eight hundred and three, to triplicates of this tenor and date. Done at Hoe Buckintoopa, the day and year above written, and in the twenty-seventh year of the independence of the United States.

JAMES WILKINSON.

Mingo Poo Coos,

Alatala Hooma.

Witnesses present:—Young Gains, Interpreter. Joseph Chambers, United States’ Factor. Jno. Bowyor, Copt. 2d. U. S. regt.

We the commissioners of the Choctaw nation duly appointed and the chiefs of the said nation who reside on the Tombigby river, next to Sintee Bogue, do acknowledge to have received from the United States of America, by the hands of Brigadier General James Wilkinson, as a consideration in full for the confirmation of the above concession, the following articles, viz. : fifteen pieces of strouds, three rifles, one hun-80TREATY WITH THE DELAWARES. 1804.81dred and fifty blankets, two hundred and fifty pounds of powder, two hundred and fifty pounds of lead, one bridle, one man’s saddle, and one black silk handkerchief.

Mingo Poos Coos, Alatala Hooma, Commissioners of the Chactaw nation.

Pio Mingo,

Posa Mastubby Mingo,

Tappena Oakchia,

Tuskenung, Coo, Che,

Cus-soo-nuck-chis,

Pusha-pis,

Chiefs residing on the Tombigby, near to St. Stephens.

Witnesses present:—Young Gains, Interpreter. Joseph Chambers. U. S. Factor. Jno. Bowyer, Capl. 3d. U. States regt.

To the Indian names are auhjeieett a mark and seal.

August 18, 1804 Treaty 7 Stat. 81 A TREATY

Aug. 18, 1804.

Proclamation, Feb. 14, 1805.

Between the United States of America and the Delaware tribe of Indians.

The Delaware tribe of Indians finding that the annuity which they

Ratified Jan. 21, 1805.

receive from the United States, is not sufficient to supply them with the articles which are necessary for their comfort and convenience, and afford the means of introducing amongst them the arts of civilised life, and being convinced that the extensiveness of the country they possess, by giving an opportunity to their hunting parties to ramble to a great distance from their towns, is the principal means of retarding this desirable event ; and the United States being desirous to connect their settlements on the Wabash with the state of Kentucky : therefore the said United States, by William Henry Harrison, governor of the Indiana territory, superintendent of Indian affairs, and their commissioner plenipotentiary for treating with the Indian tribes northwest of the Ohio river; and the said tribe of Indians, by their sachems, chiefs, and head warriors, have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on the said parties.

Article 1. The said Delaware tribe, for the considerations hereinafter

Cession to the United States.

mentioned, relinquishes to the United States forever, all their right and title to the tract of country which lies between the Ohio and Wabash rivers, and below the tract ceded by the treaty of Fort Wayne, and the road leading from Vincennes to the falls of Ohio.

Art. 2. The said tribe shall receive from the United States for ten

Additional an annuity to be paid to the Delawares.

Provision for teaching them agricultural and domestic arts, &c.

years, an additional annuity of three hundred dollars, which is to be exclusively appropriated to the purpose of ameliorating their condition and promoting their civilization. Suitable persons shall be employed at the expence of the United States to teach them to make fences, cultivate the earth, and such of the domestic arts as are adapted to their situation; and a further sum of three hundred dollars shall be appropriated annually for five years to this object. The United States will cause to be delivered to them in the course of the next spring, horses fit for draft, cattle, hogs and implements of husbandry to the amount of four hundred dollars. The preceding stipulations together with goods

Preceding stipulations, now to bo considered.

to the amount of eight hundred dollars which is now delivered to the said tribe, (a part of which is to be appropriated to the satisfying certain individuals of the said tribe, whose horses have been taken by white82 people) is to be considered as full compensation for the relinquishment made in the first article.

Art. 3.

Stolen horses to be restored.

As there is great reason to believe that there are now in the possession of the said tribe, several horses which have been stolen from citizens of the United States, the chiefs who represent the said tribe are to use their utmost endeavors to have the said horses forthwith delivered to the superintendent of Indian affairs or such persons as be may appoint to receive them. And as the United States can place the utmost reliance on the honour and integrity of those chiefs who have manifested a punctilious regard to the engagements entered into at the treaty of Grenville, it is agreed that in relation to such of the horses stolen as aforesaid, but which have died or been removed beyond the reach of the chiefs, the United States will compensate the owners for the loss of them without deducting from the annuity of the said tribe the amount of what may be paid in this way. But it is expressly understood that this provision is not to extend to any horses which have been stolen within the course of twelve months preceding the date hereof.

Art. 4.

Right of the Delawares to lands, &c.

The said tribe having exhibited to the above-named commissioner of the United States sufficient proof of their right to all the country which lies between the Ohio and White river, and the Miami tribe who were the original proprietors of the upper part of that country having explicitly acknowledged the title of the Delawares at the general council held at Fort Wayne in the month of June 1803, the said United States will in future consider the Delawares as the rightful owners of ail the country which is bounded by the white river on the north, the Ohio on the south, the general boundary line running from the mouth of the Kentucky river on the east, and the tract ceded by this treaty, and that ceded by the treaty of Fort Wayne, on the west and south west.

Art. 5.

Stipulation that the U. S. will treat with the Piankeshaws for an acknowledgment of the title of the Delawares, &c.

As the Piankishaw tribe have hitherto obstinately persisted in refusing to recognize the title of the Delawares to the tract of country ceded by this treaty, the United States will negociate with them and will endeavor to settle the matter, in an amicable way; but should they reject the propositions that may be made to them on this subject, and should the United States not think proper to take possession of the said country without their consent; the stipulations and promises herein made on behalf of the United States, shall be null and void.

Art. 6.

Boundaries, &c.

As the road from Vincennes to Clark’s grant will form a very inconvenient boundery, and as it is the intention of the parties to these presents that the whole of the said road shall be within the tract ceded to the United States, it is agreed that the boundary in that quarter shall be a straight line to be drawn parallel to the course of the said road from the eastern boundary of the tracts ceded by the treaty of Fort Wayne to Clark’s grant; but the said line is not to pass at a greater distance than half a mile from the most northerly bend of said road.

In witness whereof the commissioner plenipotentiary of the United States, and the chiefs and head men of the said tribe have hereunto set their hands, and affixed their seals. Done at Vincennes the eighteenth day of August, in the year of our Lord one thousand eight hundred and four; and of the independence of the United States, the twenty-ninth.

(Signed).

WILLIAM HENRY HARRISON. TREATY WITH THE PIANKESIIAWS. 1804. 83

Tela Buxika,

Bokongekelas,

Alhnee, or Geo. White Eyes,

Hocking Pomskann,

Tomaquee, or the Beaver.

Signed, sealed and delivered in the presence of Jno. Gibson, Secretary to the Com-missioner. Henry Vanderburgh, one of the Judges of the Indiana Territory. Vigo, Colonel of Knox County I. T. Militia. B. Parker, Attorney General of the Indiana Territory. Jno. Rice Jones, of the Indiana Territory. Robert Buntin, Prothonotary of Knox County, Indiana Territory. Geo. Wallace, Jun. of the Indiana Territory. Antoine Marchal, of I. T. Joseph Barron, interpreter. Edw’d. Hempstead, Attorney at law.

I do certify that each and every article of the foregoing treaty was carefully explained and precisely interpreted by me to the Delaware chiefs who have signed the same.

(Signed)

JOHN GIBSON.

To the Indian names are subjoined a mark and seal.

August 27, 1804 Treaty 7 Stat. 83 A TREATY

Aug. 27, 1804.

Proclamation, Feb. 6, 1805.

Between the United States of America, and the Piankeshaw tribe of Indians.

The President of the United States, by William Henry Harrison,

Ratified Jan. 21, 1805.

Governor of the Indiana territory, superintendent of Indian affairs; and commissioner plenipotentiary of the United States, for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the river Ohio ; and the chiefs and head men of the Pianheshaw tribe, have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding upon the said parties.

Article 1. The Piankeshaw tribe relinquishes, and cedes to the

Cession of land to the U. S.

United States for ever, all that tract of country which lies between the Ohio and Wabash rivers, and below Clark’s grant; and the tract called the Vincennes tract, which was ceded by the treaty of Fort Wayne, and a line connecting the said tract and grant, to be drawn parallel to the general course of the road leading from Vincennes to the falls of the Ohio, so as not to pass more than half a mile to the northward of the most northerly bend of said road.

Article 2. The Piankeshaw tribe acknowledges explicitly the right

Acknowledgment of the right of the Kaskaskias to sell certain land.

of the Kaskaskia tribe to sell the country which they have lately ceded to the United States, and which is seperated from the lands of the Piankeshaws by the ridge or high land which divides the waters of the Wabash from the waters of the Saline creek; and by that which divides the waters of the said Wabash from those which flow into the Au-vase and other branches of the Mississippi.

Article 3. An additional annuity of two hundred dollars shall be

Additional annuity to be paid to the Piankeshaws for ten years.

paid by the United States to the said tribe for ten years, in money, merchandize, provisions, or domestic animals, and implements of husbandry, at the option of the said tribe; and this annuity, together with goods to the value of seven hundred dollars, which are now delivered to them by the commissioner of the United States, is considered as a full compensation for the above-mentioned relinquishment.

Article 4. The United States reserve to themselves the right of84TREATY WITH THE SACS AND FOXES. 1804.

Right reserved to U.S. of dividing the annuity, &c.

dividing the whole annuity which they pay to the said tribe amongst the families which compose the same; allowing always a due proportion for the chiefs: And the said chiefs whenever the President of tile United States may require it, shall, upon proper notice being given, assemble their tribe, for the purpose of effecting this arrangement.

In witness whereof, The commissioner plenipotentiary of the United States, and the chiefs and head men of the said tribe have hereunto set their hands, and affixed their seals. Done at Vincennes in the. Indiana territory, the twenty-seventh day of August, in the year of our Lord, one thousand eight hundred and four; and of the independence of the United States, the twenty-ninth.

(Signed)

WILLIAM HENRY HARRISON.

Wabochquinkejacroble, or Big Corn,

Swekania, Troisfesse, or Three Thighs,

Makatewclama, Chien Noir, or Black Dog,

Alemoin Le Chien, or the Dog,

Kekelanquiagot, or Lightning.

Signed, sealed, and delivered, in presence of Jno. Gibson, Secretary to the Commissioner. John Griffin, one of the Judges of the Indiana Territory. Henry Vanderburgh, one of the Judges of the Indiana Territory. B. Parker, Attorney General of the Ty. of Indiana. Wm. Prince, Sheriff of Knox County, Indiana Territory. Geo. Wallace, Jour., of the Indiana Territory. Peter Jones, of Knox County, Indiana Territory. Edward Hempstead, Attorney at Law, Indiana Territory. Abm. F. Snapp. Joseph Barron, Interpreter.

I do certify that each and every article of the foregoing treaty was carefully explained and precisely interpreted by me to the Piankeshaw chiefs who have signed the same.

(Signed)

JOSEPH BARRON, Interpreter.

To the Indian names are subjoined a mark and seal.

November 3, 1804 Treaty 7 Stat. 84 A TREATY

Nov. 3, 1804.

Proclamation, Feb. 21, 1805.

Between the United States of America and the United tribes of Sac and Fox Indians.

Ratified Jan. 25, 1805.

Articles of a treaty made at St. Louis in the district of Louisiana between William Henry Harrison, governor of the Indiana territory and of the district of Louisiana, superintendant of Indian affairs for the said territory and district, and commissioner plenepotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the north western tribes of Indians of the one part, and the chiefs and head men of the united Sac and Fox tribes of the other part.

Article 1.

Indians taken under protection of U. S.

The United States receive the united Sac and Fox tribes into their friendship and protection, and the said tribes agree to consider themselves under the protection of the United States, and of no other power whatsoever.

Art. 2.

Boundaries.

The general boundary line between the lands of the United States and of the said Indian tribes shall be as follows, to wit: Beginning at a point on the Missouri river opposite to the mouth of the Gasconade river ; thence in a direct course so as to strike the river Jeffreon at the distance of thirty miles from its mouth, and down the said Jeffreon to the Mississippi, thence up the Mississippi to the month of the Ouisconsing river85 and up the same to a point which shall be thirty-six miles in a direct line from the mouth of the said river, thence by a direct line to the point where the Fox river (a branch of the Illinois) leaves the small lake called Sakaegan, thence down the Fox river to the Illinois river, and down the same to the Mississippi. And the said tribes, for and in consideration of the friendship and protection of the United States which is now extended to them, of the goods (to the value of two thousand two hundred and thirty-four dollars and fifty cents) which are now delivered, and of the annuity hereinafter stipulated to be paid, do hereby cede and relinquish forever to the United States, all the lands included within the above-discribed boundary.

Art. 3. In consideration of the cession and relinquishment of land

Goods to be delivered to the Indian tribes at St. Louis every year.

made in the preceding article, the United States will deliver to the said tribes at the town of St. Louis or some other convenient place on the Mississippi yearly and every year goods suited to the circumstances of the Indians of the value of one thousand dollars (six hundred of which are intended for the Sacs and four hundred for the Foxes) reckoning that value at the first cost of the goods in the city or place in the United States where they shall be procured. And if the said tribes shall hereafter at an annual delivery of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry and other utensils convenient for them, or in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual delivery be furnished accordingly.

Art. 4. The United States will never interrupt the said tribes in the

Indians to be secured in their possessions, &c.

possession of the lands which they rightfully claim, but will on the contrary protect them in the quiet enjoyment of the same against their own citizens and against all other white persons who may intrude upon them. And the said tribes do hereby engage that they will never sell their lands or any part thereof to any sovereign power, but the United States, nor to the citizens or subjects of any other sovereign power, nor to the citizens of the United States.

Art. 5. Lest the friendship which is now established between the

Retaliation restrained.

Offenders on both sides to be apprehended and punished.

United States and the said Indian tribes should be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done by individuals no private revenge or retaliation shall take place, but, instead thereof, complaints shall be made by the party injured to the other—by the said tribes or either of them to the superintendant of Indian affairs or one of his deputies, and by the superintendant or other person appointed by the President, to the chiefs of the said tribes. And it shall be the duty of the said chiefs upon complaint being made as aforesaid to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the state or territory where the offence may have been committed ; and in like manner if any robery, violence or murder shall be committed on any Indian or Indians belonging to the said tribes or either of them, the person or persons so offending shall be tried, and if found guilty, punished in the like manner as if the injury had been done to a white man, And it is further agreed, that the chiefs of the said tribes shall, to the

Stolen horses to be restored to the proper owner.

utmost of their power exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States by any individual or individuals of their tribes, and the property so recovered shall be forthwith delivered to the superintendant or other person authorised to receive it, that it may be restored to the proper owner ; and in cases where the exertions of the chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be86 obtained that such property was actually stolen by any Indian or Indians belonging to the said tribes or either of them, the United States may deduct from the annuity of the said tribes a sum equal to the value of the property which has been stolen. And the United States hereby guarantee to any Indian or Indians of the said tribes a full indemnification for any horses or other property which may be stolen from them by any of their citizens ; 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.

Art. 6.

Intruders on Indian lands to be removed.

If any citizen of the United States or other white person should form a settlement upon lands which are the property of the Sac and Fox tribes, upon complaint being made thereof to the superintendant or other person having charge of the affairs of the Indians, such intruder shall forthwith be removed.

Art. 7.

Indians may hunt on lands ceded to U. S.

As long as the lands which are now ceded to the United States remain their property, the Indians belonging to the said tribes, shall enjoy the priviledge of living and hunting upon them.

Art. 8.

None but authorized traders to reside among the Saukes and and Foxes.

As the laws of the United States regulating trade and intercourse with the Indian tribes, are already extended to the country inhabited by the Saukes and Foxes, and as it is provided by those laws that no person shall reside as a trader in the Indian country without a license under the hand [and] seal of the superintendant of Indian affairs, or other person appointed for the purpose by the President, the said tribes do promise and agree that they will not suffer any trader to reside amongst them without such license ; and that they will from time to time give notice to the superintendant or to the agent for their tribes of all the traders that may be in their country.

Art. 9.

Trading house or factory to be established.

In order to put a stop to the abuses and impositions which are practiced upon the said tribes by the private traders, the United States will at a convenient time establish a trading house or factory where the individuals of the said tribes can be supplied with goods at a more reasonable rate than they have been accustomed to procure them.

Art. 10.

Peace to be made between certain tribes under the direction of U. S.

In order to evince the sincerity of their friendship and affection for the United States and a respectful deference for their advice by an act which will not only be acceptable to them but to the common Father of all the nations of the earth; the said tribes do hereby solemnly promise and agree that they will put an end to the bloody war which has heretofore raged between their tribes and those of the Great and Little Osages. And for the purpose of burying the tomahawk and renewing the friendly intercourse between themselves and the Osages, a meeting of their respective chiefs shall take place, at which under the direction of the above-named commissioner or the agent of Indian affairs residing at St. Louis, an adjustment of all their differencies shall be made and peace established upon a firm and lasting basis.

Art. 11.

Cession of land for the establishment of a military post.

As it is probable that the government of the United States will establish a military post at or near the mouth of the Ouisconsing river; and as the land on the lower side of the river may not be suitable for

Traders, &c. to be free from any toll or exaction.

that purpose, the said tribes hereby agree that a fort may be built either on the upper side of the Ouisconsing or on the right bank of the Mississippi, as the one or the other maybe found most convenient; and a tract of land not exceeding two miles square shall be given for that purpose. And the said tribes do further agree, that they will at all times allow to traders and other persons travelling through their country under the authority of the United States a free and safe passage for themselves and their property of every discription. And that for suchTREATY WITH THE WYANDOTS, ETC. 1805.87 passage they shall at no time and on no account whatever be subject to any toll or exaction.

Art. 12. This treaty shall take effect and be obligatory on the contracting

Treaty, when to take effect.

parties as soon as the same shall have been ratified by the President by and with the advice and consent of the Senate of the United States.

In testimony whereof, The said William Henry Harrison, and the chiefs and head men of the said Sac and Fox tribes have hereunto set their hands and affixed their seals. Done at Saint Louis, in the district of Louisiana, on the third day of November, one thousand eight hundred and four; and of the independence of the United States, the twenty-ninth.

(Signed)

WILLIAM HENRY HARRISON,

Layouvois, or Laiyuwa,

Pashepaho, or the Giger,

Quasliquame, orJumping Fish,

Outchequaha, or Sun Fish,

Hahshequaxhigua, or the Bear.

In presence of (the words “a branch of the Illinois,” in the third line of the second article, and the word “forever,” in the fifth line of the came article, being first interlined,) Win. Prince, Secretary to the Commissioner. John Griffin, one of the Judges of the Indiana Territory. J. Bruffi Major Art’ry U. S. Amos Stoddard, Capt. corps of Artillerists. P. Chouteau, Agent de la Traité Louisiaina pour le Départemant, Tannage. Ch. Gratiot, Aug. Chouteau. Vigo. S. Warrell, Lt. U. S. Artillery. D. Delaunay. Sworn Interpreters, Joseph Barron, Hypolite Bolon.

To the Indian names are subjoined a mark and seal.

ADDITIONAL ARTICLE.

It is agreed that nothing in this treaty contained, shall affect the claim of any individual or individuals who may have obtained grants of land from the Spanish government, and which are not included within the general boundary line laid down in this treaty, provided that such grant have at any time been made known to the said tribes and recognized by them.

July 4, 1805 Treaty 7 Stat. 87 A TREATY

July 4, 1805.

Proclamation, April 24, 1806.

Between the United States of America, and the sachems, chiefs, and warriors of the Wyandot, Ottawa, Chipawa, Munsee and Delaware, Shawanee, and Pottawatima nations, holden at Fort Industry, on the Miami of the lake, on the fourth day of July, Anno Domini, one thousand eight hundred and five.

Article I. The said Indian nations do again acknowledge themselves

Indians acknowledge protection of U. S.

and all their tribes, to be in friendship with, and under the protection of the United States.

Art. II. The boundary line between the United States, and the nations

Boundary line established.

aforesaid, shall in future be a meridian line drawn north and south, through a boundary to be erected on the south shore of lake Erie, one hundred and twenty miles due west of the west boundary line of the state of Pennsylvania, extending north until! it intersects the boundary88 line of the United States, and extending south it intersects a line heretofore established by the treaty of Grenville.

Art. III.

Cession from the Indians.

The Indian nations aforesaid, for the consideration of friendship to the United States, and the sums of money hereinafter mentioned, to be paid annually to the Wyandot, Shawanee, Munsce and Delaware nations, have ceded and do hereby cede and relinquish to said United States for ever, all the lands belonging to said United States, lying east of the aforesaid line, bounded southerly and easterly by the line establishe’d by said treaty of Grenville, and northerly by the northernmost part of the forty first degree of north latitude.

Art. IV.

Annuity stipulated to be paid by the U. S.

The United States, to preserve harmony, manifest their liberality, and in consideration of the cession made in the preceding article, will, every year forever hereafter, at Detroit, or some other convenient place, pay and deliver to the Wyandot, Munsee, and Delaware nations, and those of the Shawanee and Seneca nations who reside with the Wyandots, the sum of eight hundred and twenty five dollars, current money of the United States, and the further sum of one hundred and seventy five dollars, making in the whole an annuity of one thousand dollars; which last sum of one hundred and seventy five dollars, has been secured to the President, in trust for said nations, by the Connecticut land company, and by the company incorporated by the name of “the proprietors of the half million acres of land lying south of lake’ Erie, called Sufferer’s Land,” payable annually as aforesaid, and to be divided between said nations, from time to time, in such proportions as said nations, with the approbation of the President, shall agree.

Art. V.

Proportions to which the Indian tribes are entitled out of the purchase of die Connecticut land company, &c.

To prevent all misunderstanding hereafter, it is to be expressly remembered, that the Ottawa and Chipawa nations, and such of the Pottawatima nation as reside on the river Huron of lake Erie, and in the neighbourhood thereof, have received from the Connecticut land company, and the company incorporated by the name of “the proprietors of the half million acres of land lying south of lake Erie, called Sufferer’s Land,” the sum of four thousand dollars in hand, and have secured to the President of the United States, in trust for them, the further sum of twelve thousand dollars, payable in six annual instalments of two thousand each; which several sums is the full amount of their proportion of the purchases effected by this treaty, and also by a treaty with said companies bearing even date herewith; which proportions were agreed on and concluded by the whole of said nations in their general council ; which several sums, together with two thousand nine hundred and sixteen dollars and sixty seven cents, secured to the President, to raise said sum of one hundred and seventy five dollars annuity as aforesaid, is the amount of the consideration paid by the agents of the Connecticut Reserve, for the cession of their lands.

Art. VI.

Indians at liberty to fish and hunt in coded territories.

The said Indian nations, parties to this treaty, shall be at liberty to fish and hunt within the territory and lands which they have now ceded to the United States, so long as they shall demean themselves peaceably.

In witness whereof, Charles Jouett, esquire, a commissioner on the part of the United States, and the sachems, chiefs, and warriors of the Indian nations aforesaid, have hereto set their hands and seals.

CHARLES JOUETT.

Ottawa.

Nekick, or Little Otter,

Kawachewan, or Eddy,

Mechimcnduck, or Big Bowl,

Aubaway,

Ogonse,

Sawgamaw,

Tusqungan, or M’Garty,

TREATY WITH THE CHICKASAWS. 1805. 89

Tondawganio, or the Dog,

Ashawet.

Chippawa.

Macquettoquet, or Little Bear,

Quitchonequil, or Big Cloud,

Queounequetwabaw,

Oscaguasanu, or Young Boy

Monimack, or Cat Fish,

Tonguish.

Potawalima.

Noname,

Mogawh.

Wyanaots.

Tarhee, or the Crane,

Miere, or Walk in Water,

Thateyyanayoh, or Leather Lips,

Harrowenyou, or Cherokee Boy,

Tschauendah,

Tahunehawetee, or Adam Brown,

Shawrunthie.

Munsee and Delaware.

Puckconsittond,

Pashmehelot,

Pamoxet, or Armstrong,

Pappellelond, or Beaver Hat.

Shawanee.

Weyapeirscawaw, or Blue Jacket,

Cutheaweasaw, or Black Hoff,

Auonasechla, or Civil Man,

Isaac Peters.

Signed in presence of Wm. Dean, C. F. L. C. J. B. Mower. Jasper Parrish, Whitmore Knaggs, Wm. Walker, Interpreters. Israel Roland. E. Brush.

To the Indian names are subjoined a mark and seal.

July 23, 1805 Treaty 7 Stat. 89 ARTICLES

July 23, 1805.

Proclamation, May 23, 1807.

Ratified May 22, 1807.

Of arrangement made and concluded in the Chickasaw country, between James Robertson and Silas Dinsmoor, commissioners of the United States of the one part, and the Mingo chiefs and warriors of the Chickasaw nation of Indians on the other part.

Art. I. Whereas the Chickasaw nation of Indians have been for

Cession of territory to U. S.

some time embarrassed by heavy debts due to their merchants and traders, and being destitute of funds to effect important improvements in their country, they have agreed and do hereby agree to cede to the United States, and forever quit claim to the tract of country included within the following bounds, to wit : beginning on the left bank of Ohio, at the point where the present Indian boundary adjoins the same, thence down the left bank of Ohio to the Tennessee river, thence up the main channel of the Tennessee river to the mouth of Duck river; thence up the left bank of Duck river to the Columbian highway or road leading from Nashville to Natchez, thence along the said road to the ridge dividing the waters running into Duck river from those running into Buffaloe river, thence eastwardly along the said ridge to the great ridge dividing the waters running into the main Tennessee river from those running into Buffalos river near the main source of Buffaloe river, thence in a direct line to the Great Tennessee river near the Chickasaw old fields or eastern point of the Chickasaw claim on that river ; thence northwardly to the great ridge dividing the waters running into the Tennessee from those running into Cumberland river, so as to include all the waters running into Elk river, thence along the top of the said great ridge to the place of beginning : reserving a tract of one mile square adjoining to, and below the mouth of Duck river on the Tennessee, for the use of the chief O’Koy or Tishumastubbee.

Art. II. The United States on their part, and in consideration of

Consideration for said grant.

the above cession, agree to make the following payments, to wit: Twenty thousand dollars for the use of the nation at large, and for the payment of the debts due to their merchants and traders ; and to George90 Colbert and O’Koy two thousand dollars, that is, to each one thousand dollars. This sum is granted to them at the request of the national council for services rendered their nation, and is to be subject to their individual order, witnessed by the resident agent; also to Chinubbee Mingo, the king of the nation, an annuity of one hundred dollars, during his natural life, granted as a testimony of his personal worth and friendly disposition. All the above payments are to be made in specie.

Art. III.

Commissioner to be appointed to ascertain the boundary.

In order to preclude for ever all disputes relative to the boundary mentioned in the first section, it is hereby stipulated, that the same shall be ascertained and marked by a commissioner or commissioners on the part of the United States, accompanied by such person as the Chickasaws may choose, so soon as the Chickasaws shall have thirty days’ notice of the time and place, at which the operation is to commence : and the United States will pay the person appointed on the part of the Chickasaws two dollars per day during his actual attendance on that service.

Art. IV.

No citizen of U. S. allowed to settle on said tract.

It is hereby agreed on the part of the United States, that from and after the ratification of these articles, no settlement shall be made by any citizen, or permitted by the government of the United States, on that part of the present cession included between the present Indian boundary and the Tennessee, mid between the Ohio and a line drawn due north from the mouth of Bulfaloe to the ridge dividing the waters of Cumberland from those of the Tennessee river, to the term of three years.

Art. V.

These articles to be considered as permanent additions to former treaties.

The articles now stipulated will be considered as permanent additions to the treaties now in force between the contracting parties, as soon as they shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said United States.

In witness of all and every thing herein determined, the parties have hereto interchangeably set their hands and seals, in the Chickasaw country, this twenty third day of July, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States of America the thirtieth.

JS. ROBERTSON, SILAS DINSMOOR.

Chiefs and Warriors.

Chinubbeo Mingo, the King

George Colbert

O’Koy, or Tishumastubbee

Choomubbeo

Mingo Mattaba

E’Mallaha Meko

William McGillivry

Tisshoo Hooluhta

Lewy Colbert

Signed, sealed and interchanged in presence of Thomas Augustine Claiborne, Secretary to the Commissioners. Samuel Mitchell, U. S. Agent to the Chickasaw Nation. John McKee. R. Chamberlin, Second Lieut. Second Regt. Infantry, W. P. Anderson, of Tennessee, Malcom McGee, John Pitchlynn, Christopher 0-Leary, William Tyrrell, Sworn Interpreters

To the Indian names are subjoined a mark and seal.

August 21, 1805 Treaty 7 Stat. 91 A TREATY

Aug. 21, 1805.

Proclamation, April 24, 1806.

Between the United States of America, and the tribes of Indians called the Delawares, Pottawatimies, Miames, Eel River, and Weas.

Articles of a treaty made and entered into, at Grouseland, near Vincennes, in the Indiana territory, by and between William Henry Harrison, governor of said territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States, for treating with the north western tribes of Indians, of the one part, and the tribes of Indians called the Delewares, Putawatimis, Miamis, Eel River, and Weas, jointly and severally by their chiefs and head men, of the other part.

Article I. Whereas, by the fourth article of a treaty made between

Delawares relinquish their claim.

the United States and the Delaware tribe, on the eighteenth day of August, eighteen hundred and four, the said United States engaged to consider the said Delewares as the proprietors of all that tract of country

Ante, p. 81.

which is bounded by the White river on the north, the Ohio and Clark’s grant on the south, the general boundary line running from the mouth of Kentucky river on the east, and the tract ceded by the treaty of fort Wayne, and the road leading to Clark’s grant on the west and south west. And whereas, the Miami tribes, from whom the Delawares derived their claim, contend that in their cession of said tract to the Delewares, it was never their intention to convey to them the right of the soil, but to suffer them to occupy it as long as they thought proper, the said Delewares have, for the sake of peace and good neighbourhood, determined to relinquish their claim to the said tract, and do by these presents release the United States from the guarantee made in the before-mentioned article of the treaty of August, eighteen hundred and four.

Art. II. The said Miami, Eel River, and Wea tribes, cede and

Cession of the Miamies, &c.

relinquish to the United States forever, all that tract of country which lies to the south of a line to be drawn from the north east corner of the tract ceded by the treaty of fort Wayne, so as to strike the general boundary line, running from a point opposite to the mouth of the Kentucky river, to fort Recovery, at the distance of fifty miles from its commencement on the Ohio river.

Art. III. In consideration of tlie cession made in the preceding

An additional permanent annuity to be given to the Miamies, &c.

article, the United States will give an additional permanent annuity to said Miamis, Eel River, and Wea tribes, in the following proportions, viz: to the Miamis, six hundred dollars; to the Eel River tribe, two hundred and fifty dollars; to the Weas, two hundred and fifty dollars; and also to the Putawatemies, an additional annuity of five hundred dollars, for ten years, and no longer ; which, together with the sum of four thousand dollars which is now delivered, the receipt whereof they do hereby acknowledge, is to be considered as a full compensation for the land now ceded.

Art. IV. As the tribes which are now called the Miamis, Eel River,

Miamies, &c. determine not to part with any of their territory without the consent of all parlies.

and Weas, were formerly and still consider themselves as one nation, and as they have determined that neither of these tribes shall dispose of any part of the country which they hold in common ; in order to quiet their minds on that head, the United States do hereby engage to 9192TREATY WITH THE DELAWARES, ETC. 1805. consider them as joint owners of all the country on the Wabash and its waters, above the Vincennes tract, and which has not been ceded to the United States, by this or any former treaty; and they do farther engage that they will not purchase any part of the said country without the consent of each of the said tribes. Provided always, That nothing in this section contained, shall in any manner weaken or destroy any claim which the Kickapoos, who are not represented at this treaty, may have to the country they now occupy on the Vermillion river.

Art. V.

Putawatimies, &c. acknowledge the right of the Delawares to sell, &c.

The Putawatimies, Miami, Eel River, and Wea tribes, explicitly acknowledge the right of the Delawares to sell the tract of land conveyed to the United States by the treaty’ of the eighteenth day of August, eighteen hundred and four, which tract was given by the Piankashaws to the Delawares, about thirty-seven years ago.

Art. VI.

Annuities, how to be paid.

The annuities herein stipulated to be paid by the United States, shall be delivered in the same manner, and under the same conditions as those which the said tribes have heretofore received.

Art. VII.

Treaty, when to lake effect.

This treaty shall be in force and obligatory on the contracting parties as soon as the same shall have been ratified by the President, by, and with the advice and consent of the Senate of the United States.

In testimony whereof, The said commissioner plenipotentiary of the United States, and the sachems, chiefs, and head men of the said tribes, have hereunto set their hands and affixed their seals. Done at Grouscland, near Vincennes, on the twenty-first day of August, in the year eighteen hundred and five ; and of the independence of the United States the thirtieth.

WM. H. HARRISON.

Delawares.

Hocking Pomskon,

Kecklawhenund, or William Anderson,

Allirae, or While Eyes,

Tomague, or Beaver.

Pullawalimiea.

Topanepee,

Lishahecon,

Wenameck.

Miames.

Kakonweconner, or Long Legs,

Missingguimeschan, or Owl,

Wabsier, or White Skin,

Mashckanochquah, or Little Turtle,

Richardville.

Eel Eiver.

Waronceana, or Night Slander,

Metausauner, or Sam,

Archekatauh, or Earth.

Weas.

Assonnonquah, or Labossiere,

Misquaconaqua, or Painted Pole,

Ohequanah, or Little Eyes.

Delaware.

Missenewand, or Captain Bullet.

Done in the presence of, B. Parke, Secretary to the Commissioner. Jno. Gibson, Secretary Indiana Territory. John Griffin, a judge of the Indiana Territory. B. Chambers, President of the Council. Jesse B. Thomas, Speaker of the House of Representatives. Jno. Rice Jones, Sami : Gwathmcy, Pierre Menard, Members of the Legislative Council Indiana Territory. Davis Floyd, Sbadrack Bond, William Biggs, John Johnson, Members of the House of Representatives Indiana Territory. W. Wells, Agent of Indian Affairs. Vigo, Colonel of Knox county militia. John Conner, Joseph Barrout, Sworn Interpreters.

To the Indian namea are subjoined a mark and seal.

ADDITIONAL ARTICLE.

It is the intention of the contracting parties, that the boundary line herein directed to be run from the north east corner of the VincennesTREATY WITH THE CHEROKEES. 1805.93 tract to the boundary line running from the mouth of the Kentucky river, shall not cross the Embarras or Drift Wood fork of White river, but if it should strike the said fork, such an alteration in the direction of the said line is to be made, as will leave the whole of the said fork in the Indian territory.

October 25, 1805 Treaty 7 Stat. 93 ARTICLES OF A TREATY Agreed upon between the United States of America, by their commissioners
Oct. 25, 1805.
Proclamation, April 24, 1806.
Return J. Meigs and Daniel Smith, appointed to hold conferences with the Cherokee Indians, for the purpose of arranging certain interesting matters with the said Cherokees, of the one part, and the undersigned chiefs and head men of the said nation, of the other part.

Article I. All former treaties, which provide for the maintenance

Former treaties recognised.

of peace and preventing of crimes, are on this occasion recognised and continued in force.

Art. II. The Cherokees quit claim and cede to the United States,

Cession from the Cherokees.

all the land which they have heretofore claimed, lying to the north of the following boundary line : beginning at the mouth of Duck river,

Boundaries.

running thence up the main stream of the same to the junction of the fork, at the head of which fort Nash stood, with the main south fork ; thence a direct course to a point on the Tennessee river bank opposite the mouth of Hiwassa river. If the line from Hiwassa should leave out Field’s Settlement, it is to be marked round his improvement, and then continued the straight course; thence up the middle of the Tennessee river, (but leaving all the islands to the Cherokees,) to the mouth of Clinch river; thence up the Clinch river to the former boundary line agreed upon with the said Cherokees, reserving at the same time to the use of the Cherokees, a small tract lying at and below the mouth of Clinch river; from the mouth extending thence down the Tennessee river, from the mouth of Clinch to a notable rock on the north bank of the Tennessee, in view from South West Point; thence a course at right angles with the river, to the Cumberland road; thence eastwardly along the same, to the bank of Clinch river, so as to secure the ferry landing to the Cherokees up to the first hill, and down the same to the mouth thereof, together with two other sections of one square mile each, one of which is at the foot of Cumberland mountain, at and near the place where the turnpike gate now stands ; the other on the north bank of the Tennessee river, where the Cherokee Talootiske now lives. And whereas, from the present cession made by the Cherokees, and other circumstances, the scite of the garrisons at South West Point and Tellico are become not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and factory to some more suitable place ; three other square miles are reserved for the particular disposal of the United States on the north bank of the Tennessee, opposite to and below the mouth of Hiwassa.

Art. III. In consideration of die above cession and relinquishment,

Payment for the above cession.

the United States agree to pay immediately three thousand dollars in valuable merchandize, and eleven thousand dollars within ninety days after the ratification of this treaty, and also an annuity af three thou-94

Part of said payment to be machines for agriculture, &c.

sand dollars, the commencement of which is this day. But so much of the said eleven thousand dollars, as the said Cherokees may agree to accept in useful articles of, and machines for, agriculture and manufactures, shall be paid in those articles, at their option.

Art. IV.

Citizens of U. S. to have the use of certain described roads.

The citizens of the United States shall have the free and unmolested use and enjoyment of the two following described roads, in addition to those which are at present established through their country; one to proceed from some convenient place near the head of Stone’s river, and fall into the Georgia road at a suitable place towards the southern frontier of the Cherokees. The other to proceed from the neighbourhood of Franklin, on Big Harpath, and crossing the Tennessee at or near the Muscle Shoals, to pursue the nearest and best way to the settlements on the Tombigbee. These roads shall be viewed and marked out by men appointed on each side for that purpose, in order that they may be directed the nearest and best ways, and the time of. doing the business the Cherokees shall be duly notified.

Art. V.

Treaty, when to take effect.

This treaty shall take effect and be obligatory on the contracting parties, as soon as it is ratified by the President of the United States, by and with the advice and consent of the Senate of the same.

In testimony whereof, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals. Done at Tellico the twenty-fifth day of October, one thousand eight hundred and five.

A reserve being made in the margin of the first column, to Dick Fields, for his improvement, and two interlineations being first made.

RETURN J. MEIGS, DANL. SMITH.

Fox, or Em, no, lee,

Path-Kille or Ne, no, hut, la, he,

Glass, or Tan, qua, tee, hee,

Double Head, or Chuqualutauge,

Dick Justice,

Tounhull, or Too, nay, eh,

Turtle at Home, or Sul, Il, coo, ahwa, la,

Che, no, wee,

Slava Boy, or Oo, sau, na, bee,

Tal, lo ti, skee,

Broom, or Cun, na, wee, so, skee,

John Greenwood, or Sour Mush,

Chu, li, o, ah,

Kati, gi, skee,

William Shawry, or Eskacoli, skee,

Too, cha, lar,

James Davis or Coo wu sa li, skee,

John Jolly, or Eu, la, ta, kee,

Bark, or Evil, loo, ka,

John McLemore, or John Eu, skee lacau

Big Bear, or Yo, nahaqua,

Dreadfullwater, or Au, man, do, skaw, sur, tee,

Chal, lau, git, ti, hee,

Caililiskee or Knife Sheat,

Clo, se, nce,

Challow, or Kingfisher,

John Watts, jun.

Sharp Arrow, or Co, star, auh,

John Dougherty, or Long John,

Tuc, ka, sec, or Tarreppin,

Tu, ske, git, tihee, or Long Fellow,

Tochuwor, or Red Bird,

Ka, ti, hee, or Badgerson.

Witnesses:—Robert Purdy, Secretary to the Commissioner. W. Yates, Lieutenant Artillerists. Wm. L. Lovely, Assistant Agent. Nicholas Byers, United States’ Factor. Geo. W. Campbell. Will. Polk. James Blair. J no. Smith, jun. Thomas N. Clark. Chs. Hicks, Interpreter.

To the Indian names are subjoined a mark and seal.

October 27, 1805 Treaty 7 Stat. 95 ARTICLES OF A TREATY Between the United States of America, by their commissioners, Return
Oct. 27, 1805.
Proclamation, June 10, 1806.
J. Meigs and Daniel Smith, who are appointed to hold conferences with the Cherokees for the purpose of arranging certain interesting matters with the said Indians, of the one part, and the undersigned chiefs and head men of the Cherokees, of the other part.

Art. 1st. Whereas it has been represented by the one party to the

Cession of certain land to the United States.

other, that the section of land on which the garrison of South West Point stands, and which extends to Kingston, is likely to be a desirable place for the assembly of the state of Tennessee to convene at (a committee from that body now in session having viewed the situation) now the Cherokees being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individual advantages, (reserving the ferries to themselves,) quit claim and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee, above the mouth of Clinch.

Art. 2d. And whereas the mail of the United States is ordered to be

Cherokees grant the free use of a road, through their country for the carriage of the mail.

carried from Knoxville to New-Orleans, through the Cherokee, Creek and Choctaw countries; the Cherokees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbe, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way ; and the time of doing the business the Cherokees shall be notified of.

Art. 3d. In consideration of the above cession and relinquishment,

Payment to Cherokees.

the United States agree to pay to the said Cherokee Indians sixteen hundred dollars in money, or useful merchandize at their option, within ninety days after the ratification of this treaty.

Art. 4th. This treaty shall be obligatory between the contracting

Treaty, when to take effect.

parties as soon as it is ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals.

Done at Telico, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and five.

RETURN J. MEIGS, DANL. SMITH. 95 96 TREATY WITH THE CREEKS. 1805.

Black Fox, or Eunone,

The Glass, or Tuu, qua, ti, hee,

Kutiyeskee,

Toochular,

Turtle at Home, or Sullicoo, kie, walar,

Dick Justice,

John Greenwood, or Eukosettas,

Chulevah, or Gentleman Tom,

Broom, or Can, nor, we, so, ske,

Bald Hunter, or Too, wa, yul, lan,

John McLemore, or Eu squal looka,

Closenie, or Creeping,

Double Head, or Chu, qua, cuttague,

Chickasaw-tihee, or Chickasaw tihee killer.

Witnesses:—(Signed,) Robert Purdy, Secretary to the Commissioners. W. Yates, B. Com’g. Nicholas Byers, U. S, Factor. Wm. L. Lovely, Assistant Agent. B. McGhee. Sami Love. James Blair. Hopkins Lacy. Chs. Hicks, Interpreter.

To the Indian names are subjoined a mark and seal.

November 14, 1805 Convention 7 Stat. 96 A CONVENTION

Nov. 14, 1805.

Proclamation, June 2, 1806.

Between the United States and the Creek Nation of Indians, concluded at the City of Washington, on the fourteenth day of November, in the year of our Lord one thousand eight hundred and five.

Articles of a Convention made between Henry Dearborn, secretary of war, being specially authorised therefor by the President of the United States, and Oche Haujo, William M’Intosh, Tuskenehau Chapce, Tuskenehau, Enehau Thlucco, Checopeheke, Emantlau, chiefs and head men of the Creek nation of Indians, duly authorised and empowered by said nation.

Art. I.

Cession by the Creek Indians.

The aforesaid chiefs and head men do hereby agree, in consideration of certain sums of money and goods to be paid to the said Creek nation by the government of the United States as hereafter stipulated, to cede and forever quit claim, and do, in behalf of their nation, hereby cede, relinquish, and forever quit claim unto the United States all right, title, and interest, which the said nation have or claim, in or unto a certain tract of land, situate between the rivers Oconee and Ocmulgee (except as hereinafter excepted) and bounded as follows, viz:

Boundaries.

Beginning at the high shoals of Apalacha, where the line of the treaty of fort Wilkinson touches the same, thence running in a straight line, to the mouth of Ulcofauhatche, it being the first large branch or fork of the Ocmulgee, above the Seven Islands : Provided, however, That if the said line should strike the Ulcofauhatche, at any place above its mouth, that it shall continue round with that stream so as to leave the whole of it on the Indian side; then the boundary to continue from the mouth of the Ulcofauhatche, by the water’s edge of the Ocmulgee river, down to its junction with the Oconee; thence up the Oconee to the present boundary at Tauloohatche creek; thence up said creek and following the present boundary line to the first-mentioned bounds, at the high shoals of Apalacha, excepting and reserving to the Creek nation, the title and possession of a tract of land, five miles in length and three in breadth, and bounded as follows, viz : Beginning on the eastern shore of the Ocmulgee river, at a point three miles on a straight line above the mouth of a creek called Oakchoncoolgau, which empties into the Ocmulgee, near the lower part of what is called the old Ocmulgee fields—thence running three miles eastwardly, on a course at right angles with the general course of the river for five miles below the point of beginning ;—thence, from the end of the three miles, to run five97 miles parallel with the said course of the river ; thence westwardly, at right angles with the last-mentioned line to the river; thence by the river to the first-mentioned bounds.

And it is hereby agreed, that the President of the United States, for

A military post, &c. to be established.

the time being, shall have a right to establish and continue a military post, and a factory or trading house on said reserved tract; and to make such other use of the said tract as may be found convenient for the United States, as long as the government thereof shall think proper to continue the said military post or trading house. And it is also agreed on the part of the Creek nation, that the navigation and fishery of the Ocmulgee, from its junction with the Oconee to the mouth of the Ulcofauhatchee, shall be free to the white people; provided they use no traps for taking fish; but nets and seines may be used, which shall be drawn to the eastern shore only.

Art. II. It is hereby stipulated and agreed, on the part of the Creek

U. S. to have a right to the use of a road to the Mobile.

nation, that the government of the United States shall forever hereafter have a right to a horse path, through the Creek country, from the Ocmulgee to the Mobile, in such direction as shall, by the President of the United States, be considered most convenient, and to clear out the same, and lay logs over the creeks : And the citizens of said States, shall at all times have a right to pass peaceably on said path, under such regulations and restrictions, as the government of the United States shall from time to time direct; and the Creek chiefs will have boats kept at the several rivers for the conveyance of men and horses, and houses of entertainment established at suitable places on said path for the accommodation of travellers ; and the respective ferriages and prices of entertainment for men and horses, shall be regulated by the present agent, Col. Hawkins, or by his successor in office, or as is usual among white people.

Art. III. It is hereby stipulated and agreed, on the part of the United

An annuity to be paid to the Greek nation.

States, as a full consideration for the land ceded by the Creek nation in the first article, as well as by permission granted for a horse path through their country, and the occupancy of the reserved tract, at the old Ocmulgee fields, that there shall be paid annually to the Creek nation, by the United States for the term of eight years, twelve thousand dollars in money or goods, and ’ implements of husbandry, at the option of the Creek nation, seasonably signified from time to time, through the agent of the United States, residing with said nation, to the department of war; and eleven thousand dollars shall be paid in like manner, annually, for the term of the ten succeeding years, making, in the whole, eighteen payments in the course of eighteen years, without interest: The first payment is to be made as soon as practicable after the ratification of this convention by the government of the United States, and each payment shall be made at the reserved tract, on the old Ocmulgee fields.

Art. IV. And it is hereby further agreed, on the part of the United

Blacksmiths to be provided at the expense of U.S.

States, that in lieu of all former stipulations relating to blacksmiths, they will furnish the Creek nation for eight years, with two blacksmiths and two strikers.

Art. V. The President of the United States may cause the line to

Line to be run at the time, &c. prescribed by the President.

be run from the high shoals of Apaiacha, to the mouth of Ulcofatthatche, at such time, and in such manner, as he may deem proper, and this convention shall be obligatory on the contracting parties as soon as the same shall have been ratified by the government of the United States.

Done at the place, and on the day and year above written.

H. DEARBORN. 98 TREATY WITH THE CHOCTAWS. 1805.

Oche Haujo,

William McIntosh,

Tuskenehau Chapeo,

Tuskenehau,

Enehau Thlucco,

Chekopeheke Emantlau.

Signed and sealed in the presence of, James Madison, Rt. Smith, Benjamin Hawkins, Timothy Barnard, Jno. Smith, Andrew McClary.

The foregoing articles have been faithfully interpreted.

TIMOTHY BARNARD, Interpreter.

To the Indian names are subjoined a mark and seal.

November 16, 1805 Treaty 7 Stat. 98 A TREATY OF LIMITS

Nov. 16, 1805.

Proclamation, Feb. 25, 1808.

Between the United States of America and the Chaktaw Nation of Indians.

Thomas Jefferson, President of the United States of America, by James Robertson, of Tennessee, and Silas Dinsmoor, of New Hampshire, agent of the United States to the Chaktaws, commissioners plenipotentiary of the United States, on the one part, and the Mingoes, Chiefs and warriors of the Chaktaw nation of Indians, in council assembled, on the other part, have entered into the following agreement, viz :

Article I.

Cession to the United States.

The Mingoes, chiefs, and warriors of the Chaktaw nation of Indians in behalf of themselves, and the said nation, do by these presents cede to the United States of America, all the lands to which they now have or ever had claim, lying to the right of the following lines, to say. Beginning at a branch of the Ilumacheeto where the same is intersected by the present Chaktaw boundary, and also by the path leading from Natchez to the county of Washington, usually called M’Clarey’s path, thence eastwardly along M’Clarey’s path, to the east or left bank of Pearl river, thence on such a direct line as would touch the lower end of a bluff on the left bank of Chickasawhay river the first above the Hiyoowannee towns, called Broken Bluff, to a point within four miles of the Broken Bluff, thence in a direct line nearly parallel with the river to a point whence an east line of four miles in length will intersect the river below the lowest settlement at present occupied and improved in the Hiyoowannee town, thence still east four miles, thence in a direct line nearly parallel with the river to a point on a line to be run from the lower end of the Broken Bluff to Faluktabunnee on the Tombigbee river four miles from the Broken Bluff, thence along the said line to Faluktabunnee, thence east to the boundary between the Creeks and Chaktaws on the ridge dividing the waters running into the Alabama from those running into Tombigbee, thence southwardly along the said ridge and boundary to the southern point of the Chaktaw claim.

Reservation.

Reserving a tract of two miles square run on meridians and parallels so as to include the houses and improvements in the town of Fukctcheepoonta, and reserving also a tract of five thousand one hundred and twenty acres, beginning at a post on the left bank of Tombigbee river opposite the lower end of Hatchatigbee Bluff, thence ascending the river four miles front and two back one half, for the use of Alzira, the other half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a Chaktaw woman. The latter reserve to be subject to the sameTREATY WITH THE CHOCTAWS. 1805.99 laws and regulations as may be established in the circumjacent country; and the said Mingoes of the Chaktaws, request that the government of the United States may confirm the title of this reserve in the said Alzira and Sophia.

Art. II.

For and in consideration of the foregoing cession on the

Consideration.

part of the Chaktaw nation, and in full satisfaction for the same, the commissioners of the United States, do hereby covenant, and agree with the said nation in behalf of the United States, that the said States shall pay to the said nation fifty thousand five hundred dollars, for the following purposes, to wit :

Forty eight thousand dollars to enable the Mingoes to discharge the debt due to their merchants and traders; and also to pay for the depredations committed on stock, and other properly by evil disposed persons of the said Chaktaw nation ; two thousand five hundred dollars to be paid to John Pitchlynn, to compensate him for certain losses sustained in the Chaktaw country, and as a grateful testimonial of the nation’s esteem. And the said States shall also pay annually to the said Chaktaws, for the use of the nation, three thousand dollars in such goods (at neat cost of Philadelphia) as the Mingoes may choose, they giving at least one year’s notice of such choice.

Art. III. The commissioners of the United States, on the part of the

Payment to certain Indians for past services.

said States, engage to give to each of the three great Medal Mingoes, Pukshunubbee-Mingo, Iloomastubbee, and Pooshamattaha, five hundred dollars in consideration of past services in their nation, and also to pay to each of them an annuity of one hundred and fifty dollars during their continuance in office. It is perfectly understood, that neither of those great Medal Mingoes is to share afiy part of the general annuity of the nation.

Art. IV. The Mingoes, chiefs, and warriors of the Chaktaws, certify

Claim of Join M’Grew.

that a tract of land not exceeding fifteen hundred acres, sittuated between the Toinbigbee river and Jackson’s creek, the front or river line extending down the river from a blazed white oak statfding on the left bank of the Toinbigbee near the head of the shoal, next above Hobukentoopa, and claimed by John M’Grew was in fact granted to the said M’Grew by Opiomingo Hesnitta, and others, many years ago, and they respectfully request the government of the United States to establish the claim of the said M’Grew to the said fifteen hundred acres.

Art. V. The two contracting parties covenant and agree that the

Boundaries.

boundary as described in the second [first] article shall be ascertained and plainly marked, in such way and manner as the President of the United States may direct, in the presence of three persons to be appointed by the said nation ; one from each of the great medal districts, each of whom shall receive for this service two dollars per day during his actual attendance, and the Chaktaws shall have due and seasonable notice of the place where, and time when, the opperation shall commence.

Art. VI. The lease granted for establishments on the roads leading

A ceriain former grant confirmed.

through the Chaktaw country, is hereby confirmed in all its conditions, and, except in the alteration of boundary, nothing in this instrument shall affect or change any of the pre-existing obligations of the contracting parties.

Art. VII. This treaty shall take effect and become reciprocally obligatory

When to take effect.

so soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United-States.

100 TREATY WITH THE PIANKESHAWS. 1805.

Done on Mount Dexter, in Pooshapukanuk, in the Chaktaw country, this sixteenth day of November, in the year of our Lord, one thousand eight hundred and five, and of the Independence of the United States of America the thirtieth.

$\begin{matrix} \end{matrix}$

$\begin{matrix} JAMES ROBERTSON, \\ SILAS DINSMOOR, \end{matrix}} \begin{matrix} Commissioners. \end{matrix}$

Great Medal Mingoes,

Pukshunnubbee,

Mingo Hoomastubbee,

Pooshamattaha.

Chiefs and Warriors.

Oukehummee,

Tuskimiubbee,

James Perry,

Levi Perry,

Isaac Perry,

William Turnbull,

John Carnes,

Tooteehooma,

Hooaheehooma,

Tooteehooma, 2d,

George James,

Robert McClure,

Tuskeamingo,

Hattukubbeehooluhta,

Fishoommastubbee,

Anoguaiah,

Lewis Lucas,

James Pitchlynn,

Panshee Ecnanbla,

Panshechoomubbee.

Witnesses present at signing and sealing:—Thomas Augustine Claiborne, Secretary to the Commission. John M’Kee. Samuel Mitchell, United Stales’ agent to the Chickasaw. William Colbert, of the Chickasaws. Lewis Ward. Charles Juzan. Garrud E. Nelson. David Chote, Nathaniel Folsom. Mdl. Mackey. Lewis Leflo. John Pitchlynn, United States Interpreter. Will. Tyrrell, Assistant Interpreter.

To the Indian names are subjoined a mark and seal.

December 30, 1805 Treaty 7 Stat. 100 A TREATY

Dec. 30, 1805.

Proclamation, May 23, 1807.

Between the United States of America and the Piankishaw tribe of Indians.

Ratified May 22, 1807.

Articles of a treaty made at Vincennes, in the Indiana territory, between William Henry Harrison, governor of the said territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States, for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the Ohio, of the one part, and the chiefs and head men of the Piankishaw tribe, of the other part.

Art. I.

Cession to the United States.

The Piankishaw tribe cedes and relinquishes to the United States for ever, all that tract of country (with the exception of the reservation hereinafter made J which lies between the Wabash and the tract ceded by the Kaskaskia tribe, in the year one thousand eight hundred and three, and south of a line to be drawn from the north west corner of the Vincennes tract, north seventy eight degrees west, until it intersects the boundary line which has heretofore separated the lands of the Piankeshaws from the said tract ceded by the Kaskaskia tribe.

Art. II.

U. S. take the Piankishaws under their protection.

The United States take the Piankishaw tribe under their immediate care and patronage, and will extend to them a protection as effectual as that which is enjoyed by the Kaskaskirf tribe ; and the said Piankishaw tribe will never commit any depredations or make war upon any of the other tribes without the consent of the United States.

TREATY WITH THE CHEROKEES. 1806. 101

Art. III. The said United States will cause to be delivered to the

Additional annuity.

Piankishaws yearly, and every year, an additional annuity of three hundred dollars, which is to be paid in the same manner, and under the same conditions as that to which they are entitled by the treaty of Greenville : Provided always, That the United States may, at any time

Proviso.

they shall think proper, divide the said annuity amongst the individuals of the said tribe.

Art. IV. The stipulations made in the preceding articles, together

Preceding stipulations, &c. to be considered a full compensation for the above cession.

with the sum of one thousand one hundred dollars, which is now delivered, the receipt whereof the said chiefs do hereby acknowledge, is considered a full compensation for the cession and relinquishment above mentioned.

Art. V. As long as the lands now ceded, remain the property of the

Indians to have the privilege of hunting, &c. on lands ceded.

United States, the said tribe shall have the privilege of living and hunting upon them, in the same manner that they have heretofore done; and they reserve to themselves the right of locating a tract of two square miles, or twelve hundred and eighty acres, the fee of which is to remain with them for ever.

Art. VI. This treaty shall be in force as soon as it shall be ratified

When to be in force.

by the President of the United States, by anti with the advice and consent of the Senate.

In testimony whereof, the said William Henry Harrison, and the chiefs and head men representing the said Piankishaw tribe, have hereunto set their hands and affixed their seals.

Done at Vincennes, on the thirtieth day of December, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States the thirtieth.

(Signed)

WILLIAM H. HARRISON.

Wabakinklclia, or Gros Bled,

Pauquia, or Montour,

Macatiwaalima, or Chien Noir.

Signed, sealed and executed in presence of W. Prince, Secretary to the Commissioner. John Grillin, one of the Judges of the Indiana territory. Jno. Gibson, Secretary of the Indiana territory. John Badollet, Register of the Land Office. Nathl. Ewing. Receiver of Public Monies. Jno. Rice Jones, of the Indiana Territory. Dubois, of the Indiana Territory. Wm. Bullitt, of Vincennes. Jacob Kinskendall, of Vincennes, H. E. Hurst, of Vincennes, I. T. Jno. Johnson. Michel Brouillet, Interpreter.

To the Indian munca ate subjoined a mark and seal.

January 7, 1806 Convention 7 Stat. 101 A CONVENTION Between the United States and the Cherokee nation of Indians,
Jan. 7, 1806.
Proclamation, May 23, 1807.
concluded at the city of Washington, on the seventh day of January, in the year one thousand eight hundred and six.

Articles of a Convention made between Henry Dearborn, secretary

Ratified May 22, 1807.

of war, being specially authorised thereto by the President of the United States, and the undersigned chiefs and head men of the Cherokee nation of Indians, duly authorised and empowered by said nation.

102

ARTICLE I.

Cession of territory.

The undersigned chiefs and head men of the Cherokee nation of Indians, for themselves and in behalf of their nation, relinquish to the United States all right, title, interest and claim, which they or their nation have or ever had to all that tract of country which lies to the northward of the river Tennessee and westward of a line to be run from the upper part of the Chickasaw Old Fields, at the upper point of an island, called Chickasaw island, on said river, to the most easterly head waters of that branch of said Tennessee river called Duck river, excepting the two following described tracts, viz. one tract bounded southerly on the said Tennessee river, at a place called the Muscle Shoals, westerly by a creek called Te Kee, ta, no-eh or Cyprus creek, and easterly by Chu, wa, lee, or Elk river or creek, and northerly by a line to be drawn from a point on said Elk river tern miles on a direct line from its mouth or junction with Tennessee river, to a point on the said Cyprus creek, ten miles on a direct line from its junction with the Tennessee river.

The other tract is to be two miles in width on the north side of Tennessee river, and to extend northerly from that river three miles, and bounded as follows, viz. beginning at the mouth of Spring Creek, and running up said creek three miles on a straight line, thence westerly two miles at right angles with the general course of said creek, thence southerly on a line parallel with the general course of said creek to the Tennessee river, thence up said river by its waters to the beginning ; which first reserved tract is to be considered the common property of the Cherokees who now live on the same; including John D. Chesholm, Au, tow, we and Cheh Chuh, and the other reserved tract on which Moses Melton now lives, is to be considered the property of said Melton and of Charles Hicks, in equal Shares.

And the said chiefs and head men also agree to relinquish to the United States all right or claim which they or their nation have to what is called the Long Island in Holston river.

ARTICLE II.

Payment to Cherokees.

The said Henry Dearborn on the part of the United States hereby stipulates and agrees that in consideration of the relinquishment of title by the Cherokees, as stated in the preceding article, the United States will pay to the Cherokee nation two thousand dollars in money as soon as this convention shall be duly ratified by the government of the United States ; and two thousand dollars in each of the four succeeding years, amounting in the whole to ten thousand dollars; and that a grist mill shall within one year from the date hereof, be built in the Cherokee country, for the use of the nation, at such place as shall be considered most convenient; that the said Cherokees shall be furnished with a machine for cleaning cotton; and also, that the old Cherokee chief, called the Black Fox, shall be paid annually one hundred dollars by the United States during his life.

ARTICLE III.

U. S. to use their influence with the Chickasaws in reference io a certain boundary.

It is also agreed on the part of the United States, that the government thereof will use its influence and best endeavors to prevail on the Chickasaw nation of Indians to agree to the following boundary between that nation and the Cherokees to the southward of the Tennessee river, viz. beginning at the mouth of Caney Creek near the lower part of the Muscle Shoals, and to run up said creek to its head, and in a direct line from thence to the Fiat Stone or Rock, the old corner boundary.

But it is understood by the contracting parties that the United States do not engage to have the aforesaid line or boundary established, but only to endeavor to prevail on the Chickasaw nation to consent to such a line as the boundary between the two nations.

103

ARTICLE IV.

It is further agreed on the part of the United States that the claims

Further agreement.

which the Chickasaws may have to the two tracts reserved by the first article of this convention on the north side of the Tennessee river, shall be settled by the United States in such manner as will be equitable, and will secure to the Cherokees the title to the said reservations.

[In the fifth line of the first article, the words, at the point of an island called Chickasaw Island; in the twentieth line of the same article, the words, including John D. Chesholm, Au, tow, we, and Cheh Chuh; and in the fifth line of the third article, the words, up said creek to its head and, were interlined before the signing and sealing of these presents.]

Done at the place and on the day and year first above written.

HENRY DEARBORN.

Double Head,

James Vann,

Tallotiskee,

Chu, lioa,

Sour Mush,

Turtle at home,

Ka, ti, hu,

John M’Lemore,

Broom,

John Jolly,

John Lowry,

Red Bird,

John Walker,

Young Wolf,

Skeuka,

Sequechu,

Wm. Shoury,

In presence of Return J. Meigs, Benjamin Hawkins, Danl. Smith, Jno. Smith, Andw. M’Clary, Jno. M’Clary.

I certify the foregoing convention has been faithfully interpreted.

CHS. HICKS, Interpreter.

To the Indian names are subjoined a mark and seal.

September 11, 1807 Treaty 7 Stat. 103 ELUCIDATION

Sept. 11, 1807.

Proclamation, April 22, 1808.

Ante, p. 101.

Of a convention with the Cherokee Nation.

Whereas, by the first article of a convention between the United States and the Cherokee nation, entered into at the city of Washington, on the seventh day of January, one thousand eight hundred and six, it was intended on the part of the Cherokee nation, and so understood by the Secretary of War, the commissioner on the part of the United States, to cede to the United States all the right, title and interest which the said Cherokee nation ever had to a tract of country contained between the Tennessee river and the Tennessee ridge (so called) ; which tract of country had since life year one thousand seven hundred and ninety four, been claimed by the Cherokees and the Chickasaws : the eastern boundary whereof is limited by a line so to be run from the upper part of the Chickasaw Old Fields, as to include all the waters of Elk river, any thing expressed in said convention to the contrary notwithstanding, It is therefore now declared by James Robertson and Return J. Meigs, acting under the authority of the executive of the United States, and by a delegation of Cherokee chiefs, of whom Euno-104lee or Black Fox, the king or head chief of said Cherokee nation, acting

Eastern limits of the tract granted by the treaty of Jan. 7, 1806.

on the part of, and in behalf of said nation, is one, that the eastern limits of said ceded tract shall be bounded by a line so to be run from the upper end of the Chickasaw Old Fields, a little above the upper point of an island, called Chickasaw Island, as will most directly intersect the first waters of Elk river, thence carried to the Great Cumberland mountain, in which the waters of Elk river have their source, then along the margin of said mountain untill it shall intersect lands heretofore ceded to the United States, at the said Tennessee ridge. And in consideration of the readiness shown by the Cherokees to explain, and to place the limits of the land ceded by the said convention out of all doubt; and in consideration of their expenses in attending council, the executive of the United States will direct that the Cherokee nation shall receive the sum of two thousand dollars, to be paid to them by their agent, at such time as the said executive shall direct, and that the Cherokee hunters, as hath been the custom in such cases, may hunt on said ceded tract, untill by the fullness of settlers it shall become improper. And it is hereby declared by the parties, that this explanation ought to be considered as a just elucidation of the cession made by thp first article of said convention.

Done at the point of departure of the line at the upper end of the island, opposite to the upper part of the said Chickasaw Old Fields, the eleventh day of September, in the year one thousand eight hundred and seven.

(Signed)

JAS. ROBERTSON, RETURN J. MEIGS.

Eunolee, or Black Fox,

Fauquitee, or Glass,

Falaquokoko, or Turtle at home,

Richard Brown,

So, wo, lo, toll, king’s brother.

Witnesses present:—Thos. Freeman, Thomas Orme.

To the Indian names are subjoined a mark.

November 17, 1807 Treaty 7 Stat. 105 ARTICLES OF A TREATY Made at Detroit, this seventeenth day of November, in the year
Nov. 17, 1807.
Proclamation, Jan. 27, 1808.
of our Lord, one thousand eight hundred and seven, by William Hull, governor of the territory of Michigan, and superintendant of Indian affairs, and sole commissioner of the United States, to conclude and sign a treaty or treaties, with the several nations of Indians, north west of the river Ohio, on the one part, and the sachems, chiefs, and warriors of the Ottoway, Chippeway, Wyandotte, and Pottawatamie nations of Indians, on the other part. To confirm and perpetuate the friendship, which happily subsists between the United States and the nations aforesaid, to manifest the sincerity of that friendship, and to settle arrangements mutually beneficial to the parties ; after a full explanation and perfect understanding, the following articles are agreed to, which, when ratified by the President, by and with the advice and consent of the Senate of the United States, shall be binding on them, and the respective nations of Indians.

Article I. The sachems, chiefs, and warriors of the nations aforesaid,

Consideration.

in consideration of money and goods, to be paid to the said nations, by the government of the United States as hereafter stipulated ; do hereby agree to cede, and forever quit claim, and do in behalf of

Cession.

their nations hereby cede, relinquish, and forever quit claim, unto the said United States, all right, title, and interest, which the said nations now have, or claim, or ever had, or claimed, in, or unto, the lands comprehended within the following described lines and boundaries : Beginning

Boundaries.

at the mouth of the Miami river of the lakes, and running thence up the middle thereof, to the mouth of the great Au Glaize river, thence running due north, until it intersects a paralell of latitude, to be drawn from the outlet of lake Huron, which forms the river Sinclair ; thence running north east the course, that may be found, will lead in a direct line, to White Rock, in lake Huron, thence due east, until it intersects the boundary line between the United States and Upper Canada, in said lake, thence southwardly, following the said boundary line, down said lake, through river Sinclair, lake St. Clair, and the river Detroit, into lake Erie, to a point due east of the aforesaid Miami river, thence west to the place of beginning

Art. II. It is hereby stipulated and agreed on the part of the United States, as a consideration for the lands, ceded by the nations aforesaid, in the preceding article, that there shall be paid to the said nations, at Detroit, ten thousand dollars, in money, goods, implements of husbandry, or domestic animals, (at the option of the said nations, seasonably signified, through the superintendant of Indian affairs, residing with the said nations, to the department of war,) as soon as practicable, after the ratification of the treaty, by the President, with the advice and consent of the Senate of the United States ; of this sum, three thousand three hundred and thirty three dollars thirty three cents and four mills, shall

How the consideration is to be apportioned and paid.

be paid to the Ottaway nation, three thousand three hundred and thirty three dollars thirty three cents and four mills, to the Chippeway nation, one thousand six hundred sixty six dollars sixty six cents and six mills,105106TREATY WITH THE OTTAWAS, ETC. 1807. to the Wyandotte nation, one thousand six hundred sixty six dollars sixty six cents and six mills, to the Pottawatamie nation, and likewise an annuity forever, of two thousand four hundred dollars, to be paid at Detroit, in manner as aforesaid : the first payment to be made on the first day of September next, and to be paid to the different nations, in the following proportions : Eight hundred dollars to the Ottaways, eight hundred dollars to the Chippeways, four hundred dollars to the Wyandottes, and four hundred dollars to such of the Pottawatamies, as now reside on the river Huron of lake Erie, the river Raisin, and in the vicinity of the said rivers.

Art. III.

U.S. will agree to a reasonable commutation for the annuity, &c.

It is further stipulated and agreed, if at any time hereafter, the said nations should be of the opinion, that it would be more for their interest, that the annuity aforesaid should be paid by instalments, the United States will agree to a reasonable commutation for the annuity, and pay it accordingly.

Art. IV.

U. S. to supply the Indians with blacksmiths.

The United States, to manifest their liberality, and disposition to encourage the said Indians, in agriculture, further stipulate, to furnish the said Indians with two blacksmiths, one to reside with the Chippeways, at Saguina, and the other to reside with the Ottaways, at the Miami, during the term of ten years ; said blacksmiths are to do such work for the said nations as shall be most useful to them.

Art. V.

Indians to have the privilege of hunting, &c. on lands ceded.

It is further agreed and stipulated, that the said Indian nations shall enjoy the privilege of hunting and fishing on the lands ceded as aforesaid, as long as they remain the property of the United States.

Art. VI.

Reservations.

It is distinctly to be understood, for the accommodation of the said Indians, that the following tracts of land within the cession aforesaid, shall be, and hereby are reserved to the said Indian nations, one tract of land six miles square, on the Miami of lake Erie, above Roche de Boeuf, to include the village, where Tondaganie, (or the Dog) now lives. Also, three miles square on the said river, (above the

Ante, p. 49.

twelve miles square ceded to the United States by the treaty of Greenville) including what is called Presque Isle; also four miles square on the Miami bay, including the villages where Meshkemau and Wau-gau now live ; also, three miles square on the river Raisin, at a place called Macon, and where the river Macon falls into the river Raizin, which place is about fourteen miles from the mouth of said river Raizin; also, two sections of one mile square each, on the river Rouge, at Seginsiwin’s village; also two sections of one mile square each, at Tonquisk’s village, near the river Rouge; also three miles square on lake St. Clair, above the river Huron, to include Machonce’s village ; also, six sections, each section containing one mile square, within the cession aforesaid, in such situations as the said Indians shall elect, subject, however, to the approbation of the President of the United States, as to the places of location. It is further understood and agreed, that whenever the reservations cannot conveniently be laid out in squares, they shall be laid Cut in paralelograms, or other figures, as found most practicable and convenient, so as to contain the area specified in miles, and in all cases they are to be located in such manner, and in such situations, as not to interfere with any improvements of the French or other white people, or any former cessions.

Art. VII.

Indians acknowledge the protection of the U. S.

The said nations of Indians acknowledge themselves to be under the protection of the United States, and no other power, and will prove by their conduct that they are worthy of so great a blessing.

In testimony whereof, the said William Hull, and the sachems, and war chiefs representing the said nations, have hereunto set their hands and seals.

TREATY WITH THE OSAGES. 1808. 107

Done at Detroit, in the territory of Michigan, the day and year first above written.

(Signed)

WILLIAM HULL.

Chippawas.

Pee-wan-she-mo nogh,

Ma-mau-she-gau-ta, (or bad legs)

Poo-qui-gau-boa-wie,

Kiosk,

Po-qua-quet, (or the ball)

See-gau-gc-wau,

Quit-choibe-quit, or big cloud,

Qui-con-quish,

Puck c-nesc, or the spark of fire,

Ne-gig (or the Otter)

Me-a-si ta,

Maequettequct, or Little Bear

Ne-me-kas, (or Little Thunder)

Sawanabenase, or, pe, che, ga, bu, a, or Grand Blanc,

Ton quish,

Miott,

Meu-e-tu-ge-sheck, or the Little Cedar.

Ottawas,

Au-bau-way,

Ka-waeh-c-wan,

Saw-ga-maw,

Ogouse,

Was-a-ga-shick.

Pottawattamies.

Te-quish,

No-na-me,

Naw-me,

Nin-ne-wu,

Skush.

Wyandots.

Ska-ho-mat,

Miere, or walk in the water,

I-yo-na-yo-ta-ha.

In presence of Geo. McDougall, Chief Judge Ct. D. H. and D. C. Rush, Attorney-General. Jacob Visger, Associate Judge of the D. Court. Jos. Watson, Secretary to the Legislature of Michigan. Abijah Hull, Surveyor for Michigan Territory. Harris H. Hickman, Counsellor at Law Abraham Fuller Hull, Counsellor at Law and Secretary to the commission. Whitmore Knaggs, William Walker, Sworn Interpreters.

To the Indian names are subjoined a mark and seal.

November 10, 1808 Treaty 7 Stat. 107 ARTICLES OF A TREATY Made and concluded at Fort Clark, on the right bank of the
Nov. 10, 1808.
Ratified, April 28, 1810.
Missouri, about five miles above the Fire Prairie, in the territory of Louisiana, the tenth day of November, in the year of our Lord one thousand eight hundred and eight, between Peter Chouteau, esquire, agent for the Osage, and specially commissioned and instructed to enter into the same by his excellency Meriwether Lewis, governor and superintendent of Indian affairs for the territory aforesaid, in behalf of the United States of America, of the one part, and the chiefs and warriors of the Great and Little Osage, for themselves and their nations respectively, on the other part.

Art. 1. The United States being anxious to promote peace, friendship

A fort to be built.

and intercourse with the Osage tribes, to afford them every assistance in their power, and to protect them from the insults and injuries of other tribes of Indians, situated near the settlements of the white people, have thought proper to build a fort on the right bank of the Missouri, a few miles above the Fire Prairie, and do agree to garrison the same with as many regular troops as the President of the United States may, from time to time, deem necessary for the protection of all orderly, friendly and well disposed Indians of the Great and Little Osage nations, who reside at this place, and who do strictly conform to,108TREATY WITH THE OSAGES. 1808. and pursue the counsels or admonitions of the President of the United States through his subordinate officers.

Art. 2.

A store of goods to be kept at the fort.

The United States being also anxious that the Great and Little Osage, resident ns aforesaid, should be regularly supplied with every species of merchandise, which their comfort may hereafter require, do engage to establish at this place, and permanently to continue at all seasons of the year, a well assorted store of goods, for the purpose of bartering with them on moderate terms for their peltries and furs.

Art. 3.

A blacksmith, &c. to be furnished by U. S.

The United States agree to furnish at this place, for the use of the Osage nations, a black-smith, and tools to mend their arms and utensils of husbandry, and engage to build them a horse mill, or water mill ; also to furnish them with ploughs, and to build for the great chief of the Great Osage, and for the great chief of the Little Osage, a strong block house in each of their towns, which are to be established near this fort.

Art. 4.

Property stolen by the Osages before the acquisition of Louisiana, to be paid lor by U.S.

With a view to quiet the animosities which at present exist between the inhabitants of the territory of Louisiana, and the Osage nations, in consequence of the lawless depredations of the latter, the United States do further agree to pay to their own citizens, the full value of such property as they can legally prove to have been stolen or destroyed by the said Osage, since the acquisition of Louisiana by the United States, provided the same does not exceed the sum of five thousand dollars.

Art. 5.

Merchandise to be delivered.

In consideration of the lands relinquished by the Great and Little Osage to the United States as stipulated in the sixth article of this treaty, the United States promise to deliver at Fire Prairie, or at St. Louis, yearly, to the Great Osage nation, merchandize to the amount or value of one thousand dollars, and to the Little Osage nation, merchandize to the amount or value of five hundred dollars, reckoning the value of said merchandize at the first cost thereof, in the city or place in the United States, where the same shall have been procured.

Money paid.

And in addition to the merchandize aforesaid, the United States have, at and before the signature of these articles, paid to the Great Osage nation, the sum of eight hundred dollars, and to the Little Osage nation, the sum of four hundred dollars.

Art. 6.

Boundary line established.

And in consideration of the advantages which we derive from the stipulations contained in the foregoing articles, we, the chiefs and warriors of the Great and Little Osage, for ourselves and our nations respectively, covenant and agree with the United States, that the boundary Hue between our nations and the United States shall be as follows, to wit : beginning at fort Clark, on the Missouri, five miles above Fire Prairie, and running thence a due south course to the river Arkansas, and down the same to the Mississippi ; hereby ceding and relinquishing forever to the United States, all the lands which lie east of the said line, and north of the southwardly bank of the said river Arkansas, and all lands situated northwardly of the river Missouri. And we do further cede and relinquish to the United States forever, a tract of two leagues square, to embrace fort Clark, and to be laid off in such manner as the President of the United States shall think proper.

Art. 7.

Lines to be ran by U. S.

And it is mutually agreed by the contracting parties, that the boundary lines hereby established, shall be run and marked at the expense of the United States, as soon as circumstances or their convenience will permit; and the Great and Little Osage promise to depute two chiefs from each of their respective nations, to accompany the commissioner, or commissioners who may be appointed on the part of the United States, to settle and adjust the said boundary line.

109

Art. 8. And the United States agree that such of the Great and

Hunting ground.

Little Osage Indians, as may think proper to put themselves under the protection of fort Clark, and who observe the stipulations of this treaty with good faith, shall be permitted to live and to hunt, without molestation, on all that tract of country, west of the north and south boundary line, on which they, the said Great and Little Osage, have usually hunted or resided : Provided, The same be not the hunting grounds of any nation or tribe of Indians iu amity with the United States; and on any other lands within the territory of Louisiana, without the limits of the white settlements, until the United States may think proper to as-sign the same as hunting grounds to other friendly Indians.

Art. 9. Lest the friendship which is now established between

Injuries, how to be prevented and punished,

the United States and the said Indian nations should be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done by individuals no private revenge or retaliation shall take place, but instead thereof complaints shall be made by the party injured to the other, by the said nations or either of them, to the superintendent or other person appointed by the President to the chiefs of the said nation; and it shall be the duty of the said chiefs, upon complaints being made as aforesaid, to deliver up the person or persons against whom the com-plaint is made, to the end that he or they may be punished agreeably to the laws of the state or territory, where the offence may have been committed; and in like manner, if any robbery, violence or murder shall bq committed on any Indian or Indians belonging to either of said nations, the person or persons so offending shall be tried, and if found guilty, shall be. punished in like manner as if the injury had been done to a white man. And it is agreed that the chiefs of the Great and Little Osage, shall to the utmost of their power exert themselves to recover horses or other property which may be stolen from any citizen or citi-zens of the United States, by any individual or individuals of either of their nations; and the property so recovered shall be forthwith delivered to the superintendent or other person authorised to receive it, that it may be restored to the proper owner; and in cases where the exertions of the chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be adduced that such property was actually stolen by any Indian or Indians belonging to the said nations, or either of them, the superintendent, or other proper officer, may deduct from the annuity of the said nations respectively a sum equal to the value of the property which has been stolen. And the United States hereby guarantee to any Indian or Indians of the said nations’ respectively, a full indemnification for any horses or other property which may be stolen from them by any of their citizens : 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 the said nations of the Great and Little Osage engage, on the requisition or demand of the President of the United States, or of the superintendent, to deliver up any white man resident among them.

Art. 10. The United States receive the Great and Little Osage

Osages received into the protection of the U. S.

nations into their friendship and under their protection ; and the said nations, on their part, declare that they will consider themselves under the protection of no other power whatsoever; disclaiming all right to cede, sell or in any manner transfer their lands to any foreign power, or to citizens of the United States or inhabitants of Louisiana, unless duly authorised by the President of the United States to make the said purchase or accept the said cession on behalf of the government.

Art. 11. And if any person or persons, for hunting or other purpose,

Protection of the Indian hunting grounds.

shall pass over the boundary lines, as established by this treaty, into the110 country reserved for the Great and Little Osage nations, without the license of the superintendent or other proper officer, they, the said Great and Little Osage, or either of them, shall be at liberty to apprehend such unlicensed hunters or other persons, and surrender them together with their property, but without other’ injury, insult or molestation, to the superintendent of Indian affairs, or to the agent nearest the place of arrest, to be dealt with according to law.

Art. 12.

Osages will not supply arms to Indians not in amity with the U. S.

And the chiefs and warriors as aforesaid, promise and engage that neither the Great nor Little Osage nation will ever, by sale, exchange or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunitions or other implements of war.

Art. 13.

Treaty, when to take effect.

This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said Peter Chouteau, commissioned and instructed as aforesaid, and the chiefs and warriors of the Great and Little Osage nation of Indians, have hereunto set their hands and affixed their seals.

Done at Fort Clark, the day above mentioned.

P. CHOUTEAU.

E. B. Clemson, Capt. 1st Regt. Infantry. Reazen Lewis, Sub. Agt. In. Affairs.

Pa qui sea, The grand chief of the Big Osage,

Ni chu Malli, The grand chief of the Little Osage,

Voi the Voi he, The second chief of the Big Osage,

Voithe Chinga, The second chief of the Little Osage,

Ta Voingare, The little chief of the Big Osage,

Oso ga he, The little chief of the Little Osage,

Voi chin odhe, The little chief of the Big Osage,

Voi Noche, The little chief of theLittle Osage,

Voi Non pa che, The little chief of the Big Osage,

Qui hi Ramaki, The little chief of the Little Osage,

Voi Na che, The little chief of the Big Osage,

Pon la Voitasuga, The little chief of the Little Osage,

Ca y ga che, The Little chief of the Big Osage,

Pa hu roguesie, The little chief of the Little Osage,

Mia a sa, Tho little chief of the Big Osage,

Man ja guida, The little chief of the Little Osage,

Man tsa, The little chief of the Big Osage,

Ni ca garis, The little chief of the Big Osage,

L. Lorimer, Lieut, first Regt. Infantry.

Do ga chin ga, The little chief of the Big Osage,

Ta vain gare, The little chief of the Little Osage,

Ta vain there, Tho little chief of the Big Osage,

Nague mani, The war chief of the Big Osage,

Ni ca nauthe, The war chief of the Little Osage,

Chon me la se, The war chief of the Big Osage,

Ne non bas, The war chief of the little Osage,

The Pograngue, The war chief of the Big Osage,

The Cay que, Warrior, L. O.

Non pe voite, do. B. O.

Ve sa sa die, do. L. O.

Ton che nanqne, do. B. O.

Cay ga che, do. L. O.

Li hi bi, do. B. O.

Gri na che, do. L. O.

Ni Couil Bran, do. B. O.

Chon non segue, do. L. O.

Li san sandhe, do. B. O.

Me qua que, do. L. O.

Man he gare, do. B. O.

Me ga he, do. L. O.

Me yhe, do. B. O.

Nu dhe tavoi, do. L. O.

The cay que, do. B. O.

Voi taseau, do. L. O.

Ca ha piche, do. B. O.

Man he voi, do. L. O.

Ta le chiga, do. B. O.

111

Po dhe chiga, Warrior, L. O.

Che ga non sas, do. B. O.

Ne sa quo, do. L. O.

Lo le chinga, do. B. O.

Pa ne voiguanda, do. L. O.

Ta voin hi hi, do. B. O.

Mi the chinga, do. L. O.

Voi dhe nache, do. B. O.

Man que si, do. L. O.

Chin ga voi se, do. B. O.

Ta le voi le, do. L. O.

Voi en gran, do. B. O.

Sea ma ni, do. L. O.

Nura Hague, do. B. O.

Me Chinga, do. L. O.

Pa chi gue, Little chief, B. O.

Rou da Nique, Warrior, L. O.

Ne Paste, do. B. O.

Voi bi sandhe, do. L. O.

No hi Zanga, do. B. O.

No hu dhe, do. L. O.

The Pagranque, do. B. O.

Cha he tonga, do. L. O.

Manguepee Mani, do. B. O.

Voi Ba lune, do. L. O.

Ponea Voitaniga,do. B. O.

Tas lon dhe, do. L. O.

Nen do lagalui, do. B. O.

Mangue pu Mani, do. L. O.

Ni Conil Bran, do. B. O.

Voi Ba he, do. L. O.

Ondhe ho mani, do. B. O.

Nura nin, Warrior, B. O.

Noguini lay que, do. B. O.

Nan la tobo, do. L. O.

Bas he mindhe,do. B. O.

Sa voi, do.L. O.

Chou que monnon, do. B. O.

Manda ri hi, do. L. O.

Mani loura na, do. B. O.

Ne que voi le, do. L. O.

Chon gue hanga, do. B. O.

Pon la Chinga, do. L. O.

A gui gue da, do. B.

Man ja gui da, do. L. O.

Voi do gue ga, do. B. O.

The Sin dhe, do. L. O.

Nin cha gari, do. B. O.

Voi ha da ni, do. L. O.

Voi gas pache, do. B. O.

Man y voile, do. L. O.

Qui ni ho nigue, do. B. O.

Nognithe Chinga, do. L. O.

Na tan hi, do. B. O.

Mi a sa, do. L. O.

Ou asa be, do. B. O.

Voi chin outhe, do. L. O.

A man passe, do. B. O.

Cut sa ga be, do. L. O.

Chan na hon, do. B. O.

Non Basocri, do. L. O.

Voi chou gras, do. B. O.

Pe dhe chinga, do. L. O.

Bas se chinga, do. B. O.

We the undersigned, chiefs and warriors of the band of Osages, residing on the river Arkansas, being a part of the Great Osage nation, having this day had the foregoing treaty read and explained to us, by his excellency Meriwether Lewis, esquire, do hereby acknowledge, consent to, and confirm all the stipulations therein contained, as fully and as completely as though we had been personally present at the signing, sealing and delivering the same on the 10th day of November, 1808, the same being the day on which the said treaty was signed, sealed and delivered, as will appear by a reference thereto. In witness whereof, we have for ourselves and our band of the Great Osage nation residing on the river Arkansas, hereunto set our hands and affixed our seals.

Done at St. Louis, in the territory of Louisiana, this thirty-first day of August, in the year of our Lord, one thousand eight hundred and nine, and of the independence of the United States, the thirty-fourth.

In presence of us, and before signature attached to the original. John G. Comegys, George Man, John W. Honey, Samuel Solomon, jun. John P. Gates, Interpreter. Noel Mongrain Marque Indian Interpreter Bazil Nassier Marque Indian Interpreter.

Gresdanmanses, or Clermond, First chief.

Couchesigres, or Big Tract, Second chief.

Tales, or Slrating Deer, son of Big Tract.

Aukickawakho, nephew of Big Tract.

Wachawahih,

Pahclagren, or Handsome Hair,

Hombahagren, or Fine Day.

Harachabo, or the Eagle,

Hrulahtie, or Pipe Bird,

Tawangahuh, or Builder of Towns,

Honencache, or the Terrible,

Talahu, or Deer’s Pluck,

Cahigiagreh, or Good Chief,

Baughonghcheh, or Cutter,

Basonchinga, or Little Pins,

To the Indian names is subjoined a mark.

November 25, 1808 Treaty 7 Stat. 112 ARTICLES OF A TREATY

Nov. 25, 1808.

Proclamation, March 3, 1809.

Ratified

March 1, 1809.

Made and concluded at Brownstown, in the territory of Michigan, between William Hull, governor of the said territory, superin-tendant of Indian affairs, and commissioner plenipotentiary of the United States of America, for concluding any treaty or treaties, wh ich may be found necessary, with any of the Indian tribes, Northwesf of the river Ohio, of the one part, and the Sachems, Chiefs, and Warriors of the Chippewa, Ottawa, Pottawatomie, Wyandot, and Shawanoese nations of Indians, of the other part.

Article I.

Preamble.

Whereas by a treaty concluded at Detroit, on the seventeenth day of November, in the. year of our Lord one thousand eight hundred and seven, a tract of land lying to the West and North of the river Miami, of Lake Eric, and principally within the territory of Michigan, was ceded by the Indian nations, to the United States ; and whereas the lands lying on the south eastern side of the said river Miami, and between said river, and the boundary lines established by the treaties of Greenville and Fort Industry, with the exception of a few small reservations to the United States, still belong to the Indian nations, so that the United States cannot, of right, open and maintain a convenient road from the settlements in the state of Ohio, to the settlements in the territory of Michigan, nor extend those settlements so as to connect them ; in order therefore to promote this object, so desirable and evidently beneficial to the Indian nations, as well as to the United States, the parties have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate thereof, shall be reciprocally binding.

Article II.

A tract of land granted for a road.

The several nations of Indians aforesaid, in order to promote the object mentioned in the preceding article, and in consideration of the friendship they bear towards the United States, for the liberal and benevolent policy, which has been practised towards them by the government thereof, do hereby give, grant, and cede, unto the said United States, a tract of land for a road, of one hundred and twenty feet in wealth, from the foot of the rapids of the river Miami of Lake Erie, to the western line of the Connecticut reserve, and all the land within one mile of the said road, on each side thereof, for the purpose of establishing settlements along the same; also a tract of land, for a road only, of one hundred and twenty feet in wealth, to run southwardly from what is called Lower Sandusky, to the boundary line established by the treaty of Greenville, with the privilege of taking at all times, such timber and other materials, from the adjacent lands as may be necessary for making and keeping in repair the said road, with the bridges that may be required along the same.

Article III.

Lines to be run by U. S.

It is agreed, that the lines embracing the lands, given and ceded by the preceding article, shall be run in such directions, as may be thought most adviseable by the President of the United States for the purposes aforesaid.

Article IV.

Privilege of hunting and fishing on lands ceded.

It is agreed, that the said Indian nations shall retain the privilege of hunting and fishing on the lands given and ceded as above, so long as the same shall remain the property of the United States.

112 TREATY WITH THE DELAWARES, ETC. 1809. 113

Article V. The several nations of Indians aforesaid, do again acknowledge

Indians acknowledge protection of U. S.

themselves to be under the protection of the United States, and of no other sovereign ; and the United States on their part do renew their covenant, to extend protection to them according to the intent and meaning of stipulations in former treaties.

Done at Brownstown in the territory of Michigan this twenty-fifth day of November, in the year of our Lord, one thousand eight hundred and eight, and of the independence of the United States of America the thirty-third.

WILLIAM HULL, Commissioner.

Chippewas.

Ne-me-kas, or Little Thunder,

Puck-c-nesc, or Spark of Fire,

Macquettequet, or Little Bear,

Shimnnnaquette.

Ottewas.

Kewachewan,

Tondagane.

Pottawatamies.

Mogau,

Wap-me-me, or White Pigeon,

Ma-che.

Wyandotts.

Miere, or Walk in the water,

I-yo-na-yo-ta-he, or Joe,

Ska-ho mat, or Black Chief,

Adam Brown.

Shawanoese.

Ma-ka-te-we-ka-sha, or Black Hoof,

Koi-ta-way-pie, or Col. Lewis.

Executed after having been fully explained and understood in presence of Reuben Attwater, Secretary of the territory of Michigan. James Wilherell, a Judge of Michigan territory. Jacob Viager, Judge of the district court. Jos. Watson, Secretary L. M. T. Wm. Brown. B. Cumpau. Lewis Bond, A. Lyons, as to the Ottawa chiefs. Whittmore Knaggs, William Walker, F" Duchouquet, Samuel Sanders, Sworn Interpreters. Attest, Harris Hampden Hickman, Secretary to the commission.

To the Indian names are subjoined a mark and seal.

Sept. 30, 1809 Treaty 7 Stat. 113 A TREATY Between the United States of America, and the tribes of Indians
Sept. 30, 1809.
Proclamation, Jan. 16, 1810.
called the Delawares, Putawatimies, Miamies and Eel River Miamies.

James Madison, President of the United States, by William Henry Harrison, governor and commander-in-chief of the Indiana territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States for treating with the said Indian tribes, and the Sachems, Head men and Warriors of the Delaware, Putawatame, Miami and Eel River tribes of Indians, have agreed and concluded upon the following treaty ; which, when ratified by the said President, with the advice and consent of the Senate of the United States, shall be binding on said parties.

Art. 1st. The Miami and Eel River tribes, and the Delawares and

Cession of lands.

Ante, p. 71.

Putawatimies, as their allies, agree to cede to the United States all that tract of country which shall be included between the boundary line established by the treaty of Fort Wayne, the Wabash, and a line to be drawn from the mouth of a creek called Racoon Creek, emptying into the Wabash, on the south-east side, about twelve miles below the mouth of the Vermilion river, so as to strike the boundary line established by the treaty of Grouseland, at such a distance from its commencement at114 the north-east corner of the Vincennes tract, as will leave the tract now ceded thirty miles wide at the narrowest place. And also all that tract which shall be included between the following boundaries, viz : beginning at Fort Recovery, thence southwardly along the general boundary line, established by the treaty of Greenville, to its intersection with the boundary line established by the treaty of Grouseland ; thence along said line to a point from which a line drawn parallel to the first mentioned line will be twelve miles distant from the same, and along the said parallel line to its intersection with a line to be drawn from Fort Recovery, parallel to the line established by the said treaty of Grouseland.

Art. 2d.

Equal right of the Delawares acknowledged.

The Miamies explicitly acknowledge the equal right of the Delawares with themselves to the country watered by the White river. But it is also to be clearly understood that neither party shall have the right of disposing of the same without the consent of the other : and any improvements which shall be made on the said land by the Delawares, or their friends the Mochecans, shall be theirs forever.

Art. 3d.

Compensation.

The compensation to be given for the cession made in the first article shall be ns follows, viz ; to the Delawares a permanent annuity of five hundred dollars; to the Miamies a like annuity of five hundred dollars; to the Eel river tribe a like annuity of two hundred and fifty dollars; and to the Putawatimie’s a like annuity of five hundred dollars.

Art. 4th.

Manner of paying annuities.

All the stipulations made in the treaty of Greenville, relatively to the manner of paying the annuities, and the right of the Indians to hunt upon the land, shall apply to the annuities granted and the land ceded by the present treaty.

Art. 5th.

Consent of the Wea tribe required.

The consent of the Wea tribe shall be necessary to complete the title to the first tract of land here ceded ; a separate convention shall be entered into between them and the United States, and a reasonable allowance of goods given them in hand, and a permanent annuity, which shall not be less than three hundred dollars, settled upon them.

Art. 6th.

Annuities, &c. to be considered full compensation.

The annuities promised by the third article, and the goods now delivered to the amount of five thousand two hundred dollars, shall be considered as a full compensation for the cession made in the first article.

Art. 7th.

Regulations to nrevent trespasses.

The tribes who are parties to this treaty being desirous of putting an end to the depredations which are committed by abandoned individuals of their own color, upon the cattle, horses, &c. of the more industrious and careful, agree to adopt the following regulations, viz : when any theft or other depredation shall be committed by any individual or individuals of one of the tribes above mentioned, upon the property of any individual or individuals of another tribe, the chiefs of the party injured shall make application to the agent of the United States, who is charged with the delivery of the annuities of the tribe to which the offending party belongs, whose duty it shall be to hear the proofs and allegations on either side, and determine between them : and the amount of his award shall be immediately deducted from the annuity of the tribe to which the offending party belongs, and given to the person injured, or to the chief of his village for his use.

Art. 8th.

Relinquishment by U. S.

The United States agree to relinquish their right to the reservation, at the old Ouroctenon towns, made by the treaty of Greenville, so far at least as to make no further use of it than for the establishment of a military post.

TREATY WITH THE MIAMIS, ETC. 1809. 115

Art. 9th.

The tribes who are parties to this treaty, being desirous

Kickapoos.

to show their attachment to other brothers the Kickapoos, agree to cede to the United States the lands on the north-west side of the Wabash, from the Vincennes tract to a northwardly extention of the line running from the mouth of the aforesaid Raccoon creek, and fifteen miles in width from the Wabash, on condition that the United States shall allow them an annuity of four hundred dollars. But this article is to have no effect unless the Kickapoos will agree to it.

In testimony whereof, the said William Henry Harrison, and the Sachems and War Chiefs of the before-mentioned tribes, have hereunto set their hands and affixed their seals, at Fort Wayne, this thirtieth of September, eighteen hundred and nine.

WILLIAM H. HARRISON.

Delawares.

Anderson, for Hockingpomskon, who is absent,

Anderson,

Pelchekekapon,

The Beaver,

Captain Killbuck.

Putawatimies.

Winemac,

Five Meddals, by his son,

Mogawgo,

Shissahecon, for himself and his brother

Tuthinipee,

Ossmeet, brother to Five Meddals,

Nunousekah, Pcnaino’s son,

Mosser,

Chequinimo,

Sackanackshut,

Conengee.

Miamies.

Pucan

The Owl,

Meshekenoghqua, or the Little Turtle,

Wapemangua, or the Leon,

Oliver Heels,

Shawapenotno.

Eel Rivers.

Charley,

Sheshangomequah, or Swallow,

The young Wyandott, a Miamie of Elk Hart.

In presence of Peter Jones, Secretary to the Commissioner. Jno. Johnston, Indian agent. A. Heald, Capt. the United States army. A. Edwards, Surgeon’s mate. Ph. Ostrander, Lieut. United States army. Jno. Shaw. Stephen Johnston. J. Hamelton, Sheriff of Dearborn County. Hendrick Aupaumut William Wells, John Conner, Joseph Barron, Abraham Ash, Sworn Interpreters.

To the Indian names are subjoined a mark and seal.

September 30, 1809 Treaty 7 Stat. 115 A SEPARATE ARTICLE Entered into at fort Wayne, on the thirtieth day of September,
Sept. 30, 1809.
Proclamation, Jan. 16, 1810.
in the year of our Lord one thousand eight hundred and nine, between William Henry Harrison, commissioner plenipotentiary of the United Slates for treating with the Indian tribes, and the Sachems and chief warriors of the Miami and Eel river tribes of Indians, which is to be considered as forming part of the treaty this day concluded between the United States and the said tribes, and their allies the Delawares and Putawatimies.

As the greater part of the lands ceded to the United States, by the treaty this day concluded, was the exclusive property of the Miami nation and guaranteed to them by the treaty of Grouseland, it is considered by the said commissioner just and reasonable that their request to be allowed some further and additional compensation should be complied116CONVENTION WITH THE WEAS. 1809.

Additional compensation to the Miamis.

with. It is therefore agreed that the United States shall deliver for their use, in the course of the next spring at fort Wayne, domestic animals to the amount of five hundred dollars, and the like number for the two following years, and that an armoree shall be also maintained at

Further allowance to the Miamis, Weas and Eel Rivers.

fort Wayne for the use of the Indians as heretofore. It is also agreed that if the Kickapoos confirm the ninth article of the treaty to which this is a supplement, the United States will allow to the Meamies a further permanent annuity of two hundred dollars, and to the Wea and Eel river tribes a further annuity of one hundred dollars each.

In testimony whereof, The said William Henry Harrison, and the Sachems and War Chiefs of the said tribes, have hereunto set their hands and affixed their seals, the day and place above mentioned.

WILLIAM H. HARRISON.

Charley, an Eel river,

Pacan,

Shesbauqouoquah, or Swallow, an Eel river,

The young Wyandott, a Miami or Elk Hart,

Shywahbeanomo.

Miamies.Miamies.

The Oul,

Wafremanqua, or the Loon,

Mushekeuoghqua, or the Little Turtle,

Silver Heels.

In presence of Peter Jones, Secretary to the Commissioner. Joseph Barron. A. Edwards. William Wells. Jno. Shaw.

To the Indian names are subjoined a mark and seal.

October 26, 1809 Treaty 7 Stat. 116 A CONVENTION

Oct. 26, 1809.

Ratified, Jan. 2, 1810.

Proclamation, Jan. 25, 1810.

Entered into at Vincennes, in the Indiana territory, between William Henry Harrison, commissioner plenipotentiary of the United States, for treating with the Indian tribes north-west of the Ohio and the Wea tribe.

Weas consent to the treaty of Sept. 30, 1809.

The said tribe, by their Sachems and head warriors, hereby declare their full and free consent to the treaty concluded at fort Wayne, on the thirtieth ultimo, by the above mentioned commissioner, with the Delaware, Miami, Putawatimie, and Eel river tribes; and also to the separate article entered into on the same day with the Miami and Eel river tribes. And the said commissioner, on the part of the United States, agrees to allow the said Indian tribe an additional annuity of three hundred dollars, and a present sum of fifteen hundred dollars, in consideration of the relinquishment made in the first article of said treaty ; and a further permanent annuity of one hundred dollars, as soon as the Kickapoos can be brought to give their consent to the ninth article of said treaty.

In testimony whereof, the said William Henry Harrison, and the Sachems and head warriors of the said tribe, have hereunto set their hands and affixed their seals, this twenty-sixth day of October, one thousand eight hundred and nine.

WILLIAM H. HARRISON. TREATY WITH THE KICKAPOOS. 1809. 117

Jacco,

Shawanoe,

Tosania,

Cohona,

Lapoussier

Pequia,

Quewa, or Negro legs,

Alengua,

Chequia, or Little Eyes.

In the presence of Peter Jones, Secretary to the Commissioner. B. Park, one of the Judges of the Indiana Territory. Thomas Randolph, Attorney-general of Indiana. Will: Jones, of Vincennes. Saml. W. Davis, Lt. Col. Ohio State. Shadrach Bond, Jr. of the Illinois Territory. Joseph Barron, Sworn Interpreter.

To the Indian names are subjoined a mark and seal.

December 9, 1809 Treaty 7 Stat. 117 A TREATY Between the United States of America and the Kickapoo tribe of
Dec. 9, 1809.
Indians.

William Henry Harrison, governor of the Indiana territory and

Ratified, March 5, 1810.

Proclamation, March 8, 1810.

commissioner plenipotentiary of the United States for treating with the Indian tribes north west of the Ohio, and the Sachems and war chiefs of the Kickapoo tribe, on the part of said tribe, have agreed on the following articles, which, when ratified by the President, by and with the advice of the Senate, shall be binding on said parties.

Art. 1. The ninth article of the treaty concluded at Fort Wayne on

Kickapoos agree to second article of treaty of Sept. 30, 1809.

the thirtieth of September last, and the cession it containes is hereby agreed to by the Kickapoos, and a permanent additional annuity of four hundred dollars, and goods to the amount of eight hundred dollars, now delivered, is to be considered as a full compensation for the said cession.

Art. 2. The said tribe further agrees to cede to the United States all

Cession to the United States.

that tract of land which lies between the tract above ceded, the Wabash, the Vermillion river, and a line to be drawn from the North corner of the said ceded tract, so as to strike the Vermilion river at the distance of twenty miles in a direct line from its mouth. For this cession a further annuity of one hundred dollars, and the sum of seven hundred dollars in goods now delivered, is considered as a full compensation. But if the Miamies should not be willing to sanction the latter cession, and the United States should not think proper to take possession of the land without their consent, they shall be released from the obligation to pay the additional annuity of one hundred dollars.

Art. 3. The stipulations contained in the treaty of Greenville, relatively

Manner of paying annuity.

to the manner of paying the annuity and of the right of the Indians to hunt upon the land, shall apply’ to the annuity granted and the land ceded by the present treaty.

In testimony whereof, the said William Henry Harrison, and the Sachems and head war chiefs of the said tribe, have hereunto set their hands and affixed their seals, this ninth day of December, one thousand eight hundred and nine.

(Signed)

WILLIAM HENRY HARRISON.

Joe Renard, Nemahson, or a Man on his feet,

Knoshania or the Otter,

Wakoah, or Fox Hair,

Nonoah, or a Child at the breast,

Moquiah, or the Bear Skin.

Signed in presence of (The word seven in the second article being: written upon an erasure.) Peter Jones, Secretary to the Commissioner. Geo. Wallace, Jun. Justice of Peace, Kentucky. Jno. Gibson, Secretary Ind. Ter. Will. Jones, Justice of Peace. E. Stout, Justice of Peace. Chas. Smith, of Vincennes. Hyacinthe Lasselle, of Vincennes. Domq. Lacroix, of Vincennes. Joseph Barron, Interpreter.

To the Indian names are subjoined a mark and seal.

July 22, 1814 Treaty 7 Stat. 118 A TREATY OF PEACE AND FRIENDSHIP

July 22, 1814.

Ratified, Dec. 13, 1814.

Proclamation, Dec. 21, 1814.

Between the United States of America, and the tribes of Indians called the Wyandots, Delawares, Shawanoese, Senecas, and Miamies.

The said United States of America, by William Henry Harrison, late a major general in the army of the United States, and Lewis Cass, governor of the Michigan territory, duly authorised and appointed commissioners for the purpose, and the said tribes, by their head men, chiefs, and warriors, assembled at Greenville, in the state of Ohio, have agreed to the following articles, which, when ratified by the president of the United States, by and with the advice and consent of the Senate thereof, shall be binding upon them and the said tribes.

ARTICLE I.

Peace given to the Miami nation, &c.

The United States and the Wyandots, Delawares, Shawanoese, and Senecas, give peace to the Miamie nation of Indians, formerly designated as the Miamie Eel River and Wcea tribes; they extend this indulgence also to the bands of the Putawatimies, which adhere to the Grand Sachem Tobinipee, and to the chief Onoxa, to the Ottawas of Blanchard’s creek, who have attached themselves to the Shawanoese tribe, and to such of the said tribe as adhere to the chief called the Wing, in the neighborhood of Detroit, and to the Kickapoos, under the direction of their chiefs who sign this treaty.

ARTICLE II.

Aid to be given to U. S. in the war with Great Britain.

The tribes and bands abovementioned, engage to give their aid to the United States in prosecuting the war against Great-Britain, and such of the Indian tribes as still continue hostile ; and to maire no peace with either without the consent of the United States. The assistance herein stipulated for, is to consist of such a number of their warriors from each tribe, as the president of the United States, or any officer having his authority therefor, may require.

ARTICLE III.

Protection of U. S. acknowledged.

The Wyandot tribe, and the Senecas of Sandusky and Stony Creek, the Delaware and Shawanoese tribes, who have preserved their fidelity to the United States throughout the war, again acknowledge themselves under the protection of the said states, and of no other power whatever ; and agree to aid the United States, in the manner stipulated for in the former article, and to make no peace but with the consent of the said states.

ARTICLE IV.

U. S. will establish the boundaries, &c.

In the event of a faithful performance of the conditions of this treaty, the United States will confirm and establish alt the boundaries between their lands and those of the Wyandots, Delawares, Shawanoese and Miamies, as they existed previously to the commencement of the war.

In testimony whereof, the said commissioners and the said head men, chiefs, and warriors, of the beforementioned tribes of Indians, have hereunto set their hands and affixed their seals.

118 119 TREATY WITH THE WYANDOTS, ETC. 1814.

Done at Greenville, in the state of Ohio, this twenty-second day of July, in the year of our Lord one thousand eight hundred and fourteen, and of the Independence of the United States, the thirty-ninth.

WILLIAM HENRY HARRISON, LEWIS CASS.

Wyandots.

Tar-he, or crane,

Har-rone-yough, or Cherokee boy,

Te-ar-ront-ou-ose, or between the logs,

Men-ou-cou,

Rush-ar-ra, or Stookey,

Se-no-shus,

Zash-u-on-a, or big arm,

Te-an-dut-tu-sooh, or punch,

Tah-uh-sough, or John Hicks,

Ron-oin-ness, or sky come down

Tee-en-duo,

Ron-ai-is,

Omaint-si-ar-rab, or Bowyer,

Tai-un-shrab, or Charles,

Ti-un-dra-ha, or John Bolisle,

E-lone-ni-a-rah, or shrone-seh.

Delawares.

Kick-to-he-nina, or capt. Anderson,

Le-mot-le-nuck-ques, or James Nautioke,

La-o-pon-nichle, or Bauber,

Jo-on-qucake, or John Queake,

Kill-buck,

Neach-comingd,

Montgomery Montaine,

Captain Buck,

Hop-hoo-que, or moles,

Captain White Eyes,

Captain Pipe,

McDaniel,

Captain Snap.

Shawanoes.

Cut-e-we-cus-a, or black hoof,

Tam-e-ne-tha, or butter,

Pi-a-se-ka, or wolf,

Pom-tha, or walker,

Sha-mon-e-tho, or snake,

Pem-tha-ta, or turkey flying by,

We-tha-wak-a-sik-a, or yellow water,

Que-ta-wah, or sinking,

So-kut-che-mah, or frozen,

Wy-ne-pu-ech-sika, or corn stalk,

Chi-ach-ska, or captain Tom,

Qui-ta-we-peh, or captain Lewis,

Tea-wae-koota, or blue jacket,

Tah-cum-lequah, or cross the water.

Ottawas.

Wa-tash-ne-wa, or bear’s legs,

Wa-pa-chek, or white fisher,

Too-ta-gen, or bell,

Augh-qua-nah-quo-se, or stump tail bear,

U-co-ke-nuh, or bear king.

Senecas.

Coon-tind-nau, or coffee house,

Tog-won,

En-dosquc-e-runt, or John Harris,

Can-ta-ra-tee-roo,

Cun-lah-ten-tuh-wa, or big turtle,

Ron-on-nesse, or wiping stick,

Co-rach-coon-ke, or reflection, or civil John,

Coon-au-ta-nah-coo,

See-is-ta-he, (black)

Too-tee-an-dee, or Thomas Brand,

Hane-use-wa,

Ut-ta-wun-tus,

Lut-au-ques-on,

Miamies.

Peoon,

La-passiere, or Asho-non-quah,

Osage,

Na-to-wee-sa,

Me-she-ke-le-a-ta, or the big man,

Sa-na-mah-hon-go, or stone eater,

Ne-she-peh-tah, or double toolh,

Me-too-sa-ni-a, or Indian,

Che-qui-a, or poor racoon,

Wa-po-pe-cheka,

Chin-go-me-ga-eboe, or owl,

Ke-we-se-kong, or circular travelling,

Wa-pa-sa-ba-nuh, or white racoon,

Cho-ko-me-li-ne, er turtle’s brother,

Pocon-do-qua or crooked,

Che-que-ah, or poor racoon, a Wea, or little eyes,

Sho-wi-lin-ge-shua, or open hand.

O-ka-we-a, or porcupine,

Shaw-a-noe,

Ma-uan-sa, or young wolf,

Me-shwa-wa, or wounded,

San-gwe-comya, or buffaloe,

Pe-qui-a, or George,

Keel-swa, or sun,

Wab-se-a, or while skin,

Wan-se-pe-a, or sun rise,

An-ga-to-ka, or pile of wood.

Potawatamies.

Too-pin-ne-pe,

O-nox-a, or five medals,

Me-te-a,

Con-ge, or bear’s foot,

Na-nown-se-ca,

Cha-gobbe, or one who sees all over,

Meshon,

Penosh,

Che-ca-noo,

Nesh-coot-a-wa,

Ton-guish,

Ne-baugh-qua,

Ton-guish, a Chippeway,

Wes-nan-e-sa,

Che-chock, or crane,

120 TREATY WITH THE CREEKS. 1814.

Ke-poo-ta,

Mac-kor-ta, or crow,

Pu-pe-ketcha, or flat belly.

Kickapoos.

Kee-too-le, or Otter,

Ma-ko-ta-ne-cote, orblack tree,

She-she-pa, or duck,

Wa-pe-kon-nia, or white blanket,

A-coo-che, or the man hung,

Che-kas-ka-ga-lon.

In presence of (the words “and the Wyandots, Delawares, Shawanoese, and Senecas,” interlined in the first article before signing.) James Dill, Secretary to the commissioners. Jno, Johnston, Indian Agent. B. F. Stickney, Indian Agent. James J. Nisbet, Associate Judge of Court of Common Pleas, Preble county. Thos. G. Gibson. Antoine Boindi, William Walker, William Conner, J. Bte. Chandonnai, Stephen Recddeed, James Peltier, Joseph Bertrand, Sworn Interpreters. Thomas Ramsey, captain 1st rifle regiment. John Conner. John Riddle, col. 1st regiment Ohio militia.

To the Indian names are subjoined a mark and seal.

August 9, 1814 Treaty 7 Stat. 120 ARTICLES OF AGREEMENT AND CAPITULATION,

Aug. 9, 1814.

Proclamation, Feb. 16, 1815.

Made and concluded this ninth day of August, one thousand eight hundred and fourteen, between major general Andrew Jackson, on behalf of the President of the United States of America, and the chiefs, deputies, and warriors of the Creek Nation.

Whereas an unprovoked, inhuman, and sanguinary war, waged by the hostile Creeks against the United States, hath been repelled, prosecuted and determined, successfully, on the part of the said States, in conformity with principles of national justice and honorable warfare—And whereas consideration is due to the rectitude of proceeding dictated by instructions relating to the re-establishment of peace : Be it remembered, that prior to the conquest of that part of the Creek nation hostile to the United States, numberless aggressions had been committed against the peace, the property, and the lives of citizens of the United States, and those of the Creek nation in amity with her, at the mouth of Duck river, Fort Mimms, and elsewhere, contrary to national faith, and the regard due to an article of the treaty concluded at New-York, in the year seventeen hundred ninety, between the two nations ; That the United States, previously to the perpetration of such outrages, did, in order to ensure future amity and concord between the Creek nation and the said states, in conformity with the stipulations of former treaties, fulfil, with punctuality and good faith, her engagements to the said nation : that more than two-thirds of the whole number of chiefs and warriors of the Creek nation, disregarding the genuine spirit of existing treaties, suffered themselves to be instigated to violations of their national honor, and the respect due to a part of their own nation faithful to the United States and the principles of humanity, by impostures [impostors,] denominating themselves Prophets, and by the duplicity and misrepresentation of foreign emissaries, whose governments are at war, open or understood, with the United States, Wherefore,

1st—

Cession of territory by the Creeks as equivalent to the expenses of the war.

The United States demand an equivalent for all expences incurred in prosecuting the war to its termination, by a cession of all the territory belonging to the Creek nation within the territories of the United States, lying west, south, and south-eastwardly, of a line to be run and described by persons duly authorized and appointed by the President of the United States—Beginning at a point on the eastern bank of the Coosa river, where the south boundary line of the Cherokee121 nation crosses the same; running from thence down the said Coosa river with its eastern hank according to its various meanders to a point one mile above the mouth of Cedar creek, at Fort Williams, thence east two miles, thence south two miles, thence west to the eastern bank of the said Coosa river, thence down the eastern bank thereof according to its various meanders to a point opposite the upper end of the great falls, (called by the natives Woetumka,) thence east from a true meridian line to a point due north of the mouth of Ofucshee, thence south by a like meridian line to the mouth of Ofucshee on the south side of the Tallapoosa river, thence up the same, according to its various meanders, to a point where a direct course will cross the same at the distance of ten miles from the mouth thereof, thence a direct line to the mouth of Summochico creek, which empties into the Chatahouchie river on the east side thereof below the Eufaulau town, thence east from a true meridian line to a point which shall intersect the line now dividing the lands claimed by the said Creek nation from those claimed and owned by the state of Georgia : Provided, nevertheless, that where any possession of any chief or warrior of the Creek nation, who shall have been friendly to the United States during the war, and taken an active part therein, shall be within the territory ceded by these articles to the United States, every such person shall be entitled to a reservation of

1817, ch. 86.

land within the said territory of one mile square, to include his improvements as near the centre thereof as may be, which shall inure to the said chief or warrior, and his descendants, so long as he or they shall continue to occupy the same, who shall be protected by and subject to the laws of the United States; but upon the voluntary abandonment thereof, by such possessor or his descendants, the right of occupancy or possession of said lands shall devolve to the United States, and be identified with the right of property ceded hereby.

2nd— The United States will guarantee to the Creek nation, the integrity

Guaranty of other territory of the Creeks.

of all their territory eastwardly and northwardly of the said line to be run and described as mentioned in the first article.

3d— The United States demand, that the Creek nation abandon all

Intercourse with British or Spanish posts to cease.

communication, and cease to hold any intercourse with any British or Spanish post, garrison, or town ; and that they shall not admit among them, any agent or trader, who shall not derive authority to hold commercial, or other intercourse with them, by licence from the President or authorised agent of the United States.

4th— The United States demand an acknowledgment of the right to

Establishment of military posts.

establish military posts and trading houses, and to open roads within the territory, guaranteed to the Creek nation by the second article, and a right to the free navigation of all its waters.

5th—

All property taken to be surrendered.

The United States demand, that a surrender be immediately made, of all the persons and property, taken from the citizens of the United States, the friendly part of the Creek nation, the Cherokee, Chickesaw, and Choctaw nations, to the respective owners; and the United States will cause to be immediately restored to the formerly hostile Creeks, all the property taken from them since their submission, either by the United States, or by any Indian nation in amity with the United States, together with all the prisoners taken from them during the war.

6th— The United States demand the caption and surrender of all the

The prophets and instigators of the war to be given up.

prophets and instigators of the war, whether foreigners or natives, who have not submitted to the arms of the United States, and become parties to these articles of capitulation, if ever they shall be found within the territory guaranteed to the Creek nation by the second article.

122

7th—

Supplies of corn to be presented to the Creeks.

The Creek nation being reduced to extreme want, and not at present having the means of subsistance, the United States, from motives of humanity, will continue to furnish gratuitously the necessaries of life, until the crops of corn can be considered competent to yield the nation a supply, and will establish trading houses in the nation, at the discretion of the President of the United States, and at such places as he shall direct, to enable the nation, by industry and economy, to procure clothing.

8th—

Permanent peace.

A permanent peace shall ensue from the date of these presents forever, between the Creek nation and the United States, and between the Creek nation and the Cherokee, Chickesaw, and Choctaw nations.

9th—

Lines of the territory.

If in running east from the mouth of Summochico creek, it shall so happen that the settlement of the Kennards, fall within the lines of the territory hereby ceded, then, and in that case, the line shall be run east on a true meridian to Kitchofoonee creek, thence down the middle of said creek to its junction with Flint River, immediately below the Oakmulgee town, thence up the middle of Flint river to a point due east of that at which the above line struck the Kitchofoonee creek, thence east to the old line herein before mentioned, to wit : the line dividing the lands claimed by the Creek nation, from those claimed and owned by the state of Georgia.

The parties to these presents, after due consideration for themselves and their constituents, agree to, ratify and confirm the preceding articles, and constitute them the basis of a permanent peace between the two nations; and they do hereby solemnly bind themselves, and all the parties concerned and interested, to a faithful performance of every stipulation contained therein. In testimony whereof, they have hereunto interchangeably set their hands and affixed their seals, the day and date above written.

ANDREW JACKSON, Maj. Gen. Commanding 7th Military District.

Tustunnuggee Thlucco, Speaker for the Upper Creeks

Micco Aupocgau, of Toukaubatche

Tustunnuggee Hoppoiee, Speaker of the Lower Creeks

Micco Achutee, of Cowetau

William M’Intosh, Major of Cowetau

Tuskeo Encab, of Cussetau

Faue Emautla, of Cussetau

Toukaubutchee Tustunnuggee, of Hilchetee

Noble Kinnard, of Hilchetee

Hopoiee Hutkee, of Souwsgoolo

Hopoiee Hutkee, for Hopoiee Yoholo, of Souwogoolo

Folappo Haujo, of Eufaulau, on Chattohochee

Pachee Haujo, of Apalachoocia

Timpoaechee Bernard, Captain of Uchees

Uchee Micco

Yoholo Micco, of Kialijec

So-cos-kee Emautla, of Kialijee

Chooc-chau Haujo of Woccocoi

Esholoctee of Nauchee

Yoholo Micco, of Tallapoosa Eufaulau

Stin-thel-lis Haujo, of Abecooches

Ocfuskee Yoholo, of Tou-ta-cau-gee

John O’Kelly, of Coosa

Eneah Thlucco, of Immookfau

Espokokoke Haujo, of Wewoka

Eneah Thlucco Hopoiee, of Talesee

Efau Haujo, of Puccan Tallahassee

Talesee Fixico, of Ocheobofau

Nomatlee Emautla, or Captain Isaacs of Cousaudes

Tuskegee Emautla, or John Carr of Tuskegee

Alexander Grayson, of Hillabee

Loweo of Ocmulgea

Nocoosee Emautla, of Chuskee Tallafan

William M’Intosh, for Hopoiee Haujo, of Oose-oo-chee

William M’Intosh, tor Chehahaw Tustunnuggee, of Chehahaw.

William M’Intosh, for Spokekce Tustunnuggee, of O-tel-le-who-yonnee.

Done at Fort Jackson, in presence of Charles Cassedy, Acting Secretary. Benj. Hawkins, Agent for Indian Affairs. Return J. Meigs, A. C, Nation. Robert Butler, Adjutant General United States’ Army. J. C. Warren, Assistant Agent for Indian Affairs. George Mayfield, Alexander Cornels, George Lovett, Public Interpreters.

To the Indian names are subjoined a mark and seal.

1815-07-18 Treaty 7 Stat. 123 A TREATY OF PEACE AND FRIENDSHIP, Made and concluded between William Clark, Ninian Edwards,
July 18, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Poutavatamie Tribe or Nation, residing on the river Illinois, on the part and behalf of the said Tribe or Nation, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and the said tribe or nation, and of being placed in all things, and in every respect, on the same footing upon which they stood before the war, have agreed to the following articles:

Article 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Peace and friendship per- petual.

the citizens of the United States of America, and all the individuals composing the said Poutavatamie tribe or nation.

Art. 3. The contracting parties hereby agree, promise, and bind

Prisoners to be delivered up

themselves, reciprocally, to deliver up all the prisoners now in their hands, (by what means soever the same may have come into their possession,) to the officer commanding at Fort Clarke, on the Illinois river, as soon as it may be practicable.

Art. 4. The contracting parties, in the sincerity of mutual friendship, recognise, re-establish, and confirm, all and every treaty, contract,

Former treaties recognised and confirmed.

and agreement, heretofore concluded between the United States and the Poutavatamie tribe or nation.

In witness of all and every thing herein determined between the United States of America and the said Poutavatamie tribe or nation, residing on the river Illinois, we, their underwritten Commissioners and Chiefs aforesaid, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed. Done at Portage des Sioux, this eighteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Sinnawehewome,

Mucketepoke, or Black Partridge,

Neggeneshkek,

Chawcawbeme,

Bendegakewa,

Wapewy, or White Hair,

Ontawa.

In the presence of R. Wash, Sec’y to the Commissioners. Thomas Forsyth, I. agent. N. Boilvin, agent. T. Paul, C. M. Maurice Blondeaux, agt. Manuel Lisa, agent. John Miller, col. 3d inf. Richard Chitwood, Major M. Wm. Irvine Adair, captain third regt. United States infantry. Cyrus Edwards, Saml. Solomon, Jacques Mett, Louis Decouagne, John A. Cameron, Sworn Interpreters.

To the Indian names is subjoined a mark.

123

1815-07-18 Treaty 7 Stat. 124 Made and concluded between William Clark, Ninian Edwards,
July 18, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Piankishaw Tribe or Nation, on the part and behalf of the said Tribe or Nation, of the other part.

The parties being anxious of re-establishing peace and friendship between the United States and the said tribe or nation, and of being placed in all things, and in every respect, on the same footing upon which they stood before the war, have agreed to the following articles:

Article 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America and all the individuals composing the Piankishaw tribe or nation.

Art. 3. The contracting parties, in the sincerity of mutual friendship,

Former treaties recognised and confirmed.

recognise, re-establish, and confirm, all and every treaty, contract, or agreement, heretofore concluded between the United States and the said Piankishaw tribe or nation.

In witness of all and every thing herein determined between the United States of America and the said Piankishaw tribe or nation, we, their underwritten Commissioners and Chiefs aforesaid, by virtue of our full powers, have signed this definitive Treaty, and have caused our seals to be hereunto affixed.

Done at Portage des Sioux, this eighteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States of America the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Lamanocon, or the axe,

Lameeprisjeau, or seawolf,

Monsairaa, or rusty,

Wapangia, or swan,

Namsingsa, or the fish.

In the presence of R. Wash, sec’y to the commissioners. Thomas Forsyth, I. agent. N. Boilvin, agent. T. Paul, C. M. M. Maurice Blondeaux. John Hay. John Miller, col. 3d infantry. Richard Chitwood. major mt. Wm. Irvine Adair, cap. 3d reg. U. S. inf. Cyrus Edwards, Saml. Solomon, Jacques Mette, Louis Decouagne, John A. Cameron, Sworn interpreters.

To the Indian names are subjoined a mark and seal.

124

July 19, 1815 Treaty 7 Stat. 125 Made and concluded between William Clark, Ninian Edwards,
July 19, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Teeton Tribe of Indians, on the part and behalf of their said Tribe, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and the said tribe, and of being placed in all things, and in every respect, on the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Article 1. Every injury, or act of hostility, committed by one or

Injuries, &c. forgiven.

either of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the said Teeton tribe; and the friendly relations that existed between them before the war, shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves and their aforesaid tribe to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs and Warriors of the said tribe, have hereunto subscribed their names and affixed their seals, this nineteenth day of July, one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Eshkatapia, the player,

Tatanga, the true buffaloe,

Mazamanie, the walker in iron,

Wanakegmawie, the stamper,

Weechachamanza, the man of iron,

Ikmouacoulai, the shooting tiger,

Uakaheriboukai, the wind that passes,

Washeejerijatgs, the left-handed French-man,

Monetowanari, the bear’s soul.

Done at Portage des Sioux, in the presence of R. Wash, secretary to the commission. John Miller, col. 3d infantry. H. Dodge, brig. gen. Missouri militia. T. Paul, C. T. of the C. Manuel Lisa, agent. Thomas Forsyth, I. agent. Maurice Blondeaux. John A. Cameron. Louis Decouagne. Louis Dorion. Cyrus Edwards. John Hay, Int.

To the Indian names are subjoined a mark and seal.

125

1815-07-19 Treaty 7 Stat. 126 Made and concluded between William Clark, Ninian Edwards,
July 19, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Siouxs of the Lakes, on the part and behalf of their Tribe, of the other part.

Article 1. Every injury, or act of hostility, committed by one or

Injuries, &c. forgiven.

either of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the said tribe of the Lakes, and all the friendly relations that existed between them before the war, shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves and their aforesaid tribe to be under the protection of the United States, and of no other nation, power, or sovereign, whatsoever.

In witness whereof the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners aforesaid, and the Chiefs and Warriors of the aforesaid tribe, have hereunto subscribed their names and affixed their seals, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Tatangamanie, the walking buffaloe,

Haisanwee, the horn,

Aampahaa, the speaker,

Nareesagata, the hard stone,

Haibohaa, the branching horn.

Done at Portage des Sioux, in the presence of R. Wash, Secretary to the Commission. John Miller, col. 3d inf. T. Paul, C. T. of the C. Edmund Hall, lieut. late 28th inf. J. B. Clark, adj. 3d inf. Manuel Lisa, agent. Thomas Forsyth, I. agent. Jno. W. Johnson, U. S. F. and I. agent. Maurice Blondeaux. Lewis Decouagne. Louis Dorion. John A. Cameron. Jacques Mettee. John Hay.

To the Indian names are subjoined a mark and seal.

126

1815-07-19 Treaty 7 Stat. 127 Made and concluded between William Clark, Ninian Edwards,
July 19, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the Chiefs and Warriors of the Siouxs of the river St. Peter’s, on the part and behalf of their said Tribe, on the other part.

Article 1. Every injury or act of hostility committed by one or

Injuries, &c. forgiven.

either of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the tribe of Siouxs of the river St. Peter’s; and all the friendly relations that existed between them before the war, shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves and their tribe to be under the protection of the United States, and of no other power, nation, or sovereign, whatsoever.

In testimony whereof the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs and Warriors of the aforesaid tribe, have hereunto subscribed their names and affixed their seals, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Enigmance, that flies as he walks,

Wasouikpsha, the falling hail,

Champisaba, the black war club,

Mahpiasaba, the black cloud,

Tatsimaza, the iron wind,

Nankihundee, who puts his foot in it.

Done at Portage des Siouxs, in the presence of R. Wash, Secretary to the commission. John Miller, col. 3d. infantry. H. Paul, C. T. of the C. John T. Chunn, brevet maj. of U. States army. Edmund Hall, lieut. late 28th inf. Manuel Lisa, agent. Thomas Forsyth, Indian agent. Jno. W. Johnson, U. S. F. and I. agent. Maurice Blondeaux, Louis Decouagne, John A. Cameron, Louis Dorion, Jacques Mette, Sworn interpreters.

To the Indian names are subjoined a mark and seal.

127

1815-07-19 Treaty 7 Stat. 125 Made and concluded between William Clark, Ninian Edwards,
July 19, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Yancion Tribe of Indians, on the part and behalf of their said Tribe, of the other part.

Article 1. Every injury or act of hostility committed by one or

Injuries, &c. forgiven.

either of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America, and all the individuals composing the said Yancion tribe, and all the friendly relations that existed between them before the war shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs aforesaid, have hereunto subscribed their names and affixed their seals, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WM. CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Monlori, or white bear,

Waskaijingo, or little dish,

Padaniapape, or panis sticker,

Chaponge, or musquitoe,

Mindalonga, partisan or war chief,

Weopaatowechashla, sun set,

Tokayinhominee, the rock that turns,

Keonorunco, fast flyer,

Mazo, the iron,

Haiwongeeda, one horn,

Mazeharo, arrow sender.

Done at the Portage des Siouxs, in the presence of R. Wash, Secretary to the Commission. John Miller, col. 3d inf. H. Dodge, brig. gen. Missouri militia. Manuel Lisa, agent. Thomas Forsyth, I. agent. Maurice Blondeaux. Jacques Mette, John A. Cameron. T. Paul, C. T. of the Commission. Louis Decouagne. Louis Dorion. Cyrus Edwards. John Hay, interpreter.

To the Indian names are subjoined a mark and seal.

128

1815-07-20 Treaty 7 Stat. 129 Made and concluded between William Clark, Ninian Edwards,
July 20, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the Chiefs and Warriors of the Mahas, on the part and behalf of said Tribe or Nation, of the other part.

Article 1. Every injury or act of hostility committed by one or

Injuries, &c. forgiven.

either of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the tribe or nation of the Mahas, and all friendly relations that existed between them before the war, shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe or nation, do hereby acknowledge themselves and their tribe or nation to be under the protection of the United States, and of no other nation, power, or sovereign, whatsoever.

In witness whereof the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs and Warriors of the aforesaid Tribe or Nation, have hereunto subscribed their names and affixed their seals, this twentieth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Oupaatanga, the big elk,

Washcamanie, the hard walker,

Kasheeguai, the old chief,

Washowrabai, the black bird’s grandson,

Osogugee, the point maker,

Tatreechee, the cow’s rib,

Manshaquita, the little soldier,

Pissineeguai, he who has no gall.

Done at Portage des Siouxs, in the presence of R. Wash, secretary to the commission. John Miller, col. 3d inf. T. Paul, C. T. of the C. Edw. Hall, lt. late 28th inf. John B. Clark, adj. 3d inf. Manuel Lisa, agent. Thos. Forsyth, I. agent. Jno. W. Johnson, I. agent. Louis Decouagne. Louis Dorion. John A. Cameron. Jacques Mette.

To the Indian names are subjoined a mark and seal.

129

1815-09-02 Treaty 7 Stat. 130 Made and concluded between William Clark, Ninian Edwards,
Sept. 2, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs, Warriors, and Deputies, of the Kickapoo Tribe or Nation, on the part and behalf of the said Tribe or Nation, of the other part.

Article 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties towards the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America, and all the individuals composing the said Kickapoo tribe or nation.

Art. 3. The contracting parties do hereby agree, promise, and oblige

Prisoners to be delivered up.

themselves, reciprocally, to deliver up all the prisoners now in their hands (by what means soever the same may have come into their possession) to the officer commanding at Fort Clarke, on the Illinois river, to be by him restored to their respective nations as soon as it may be practicable.

Art. 4. The contracting parties, in the sincerity of mutual friendship,

Former treaties recognised and confirmed.

recognize, re-establish, and confirm, all and every treaty, contract, and agreement, heretofore concluded between the United States and the Kickapoo tribe or nation.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs, Warriors, and Deputies, of the said tribe, have hereunto subscribed their names and affixed their seals, this second day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Pauwoatam, by his representative Kenepaso, or the bond prisoner,

Kiteta, or otter,

Kenepaso, or the bond prisoner,

Teppema, or persuader,

Cokecarnbaut, or elk looking back,

Paywwaynequa, or bear,

Wettassa, or brave,

Weywaychecawbout, or meeter,

Autuppehaw, or mover,

Wesheown, or dirty face.

Done at Portage des Sioux, in the presence of R. Wash, secretary to the commission. T. A. Smith, B. G. U. S. A. D. Bissel, brig. gen. Stephen Byrd, col. M. N. T. Paul, C. C. T. A. M‘Nair, d. insp. Thomas Forsyth, I. agent. Pierre Menard, I. agent. Jno. W. Johnson, U. S. factor and Indian agent. Maurice Blondeaux, I. agent. Samuel Solomon, intermer. Samuel Brady, lieut. 8th U. S. inf. Joseph C. Brown. H. Battu. Samuel Whiteside, capt. Il. militia.

To the Indian names are subjoined a mark and seal.

130

1815-09-08 Treaty 7 Stat. 131 A TREATY Between the United States of America and the Wyandot, Delaware,
Sept. 8, 1815.
Ratified, Dec. 26, 1815.
Seneca, Shawanoe, Miami, Chippewa, Ottawa, and Potawatimie, Tribes of Indians, residing within the limits of the State of Ohio, and the Territories of Indiana and Michigan.

Whereas the Chippewa, Ottawa, and Potawatimie, tribes of Indians, together with certain bands of the Wyandot, Delaware, Seneca, Shawanoe, and Miami tribes, were associated with Great Britain in the late war between the United States and that power, and have manifested a disposition to be restored to the relations of peace and amity with the said States; and the President of the United States having appointed William Henry Harrison, late a Major General in the service of the United States, Duncan M‘Arthur, late a Brigadier in the service of the United States, and John Graham, Esquire, as Commissioners to treat with the said tribes; the said Commissioners and the Sachems, Headmen, and Warriors, of said tribes having met in Council at the Spring Wells, near the city of Detroit, have agreed to the following Articles, which, when ratified by the President, by and with the advice and consent of the Senate of the United States, shall be binding on them and the said tribes:

Article 1. The United States give peace to the Chippewa, Ottawa,

Peace given to certain tribes.

and Potawatimie, tribes.

Art. 2. They also agree to restore to the said Chippewa, Ottawa,

Said tribes restored to the pacific relations of 1811.

and Potawatimie tribes, all the possessions, rights, and privileges, which they enjoyed, or were entitled to, in the year one thousand eight hundred and eleven, prior to the commencement of the late war with Great Britain; and the said tribes, upon their part, agree again to place themselves under the protection of the United States, and of no other power whatsoever.

Art. 3. In consideration of the fidelity to the United States which

U. S. pardon the hostilities of the Wyandots, Delawares, &c.

has been manifested by the Wyandot, Delaware, Seneca, and Shawanoe, tribes, throughout the late war, and of the repentance of the Miami tribe, as manifested by placing themselves under the protection of the United States, by the treaty of Greenville, in eighteen hundred and fourteen, the said States agree to pardon such of the chiefs and warriors of said tribes as may have continued hostilities against them untill the close of the war with Great Britain, and to permit the chiefs of their respective tribes to restore them to the stations and property which they held previously to the war.

Art. 4. The United States and the beforementioned tribes or nations

Treaty of Greenville, &c. ratified and confirmed.

Ante, p. 49.

of Indians, that is to say, the Wyandot, Delaware, Seneca, Shawanoe, Miami, Chippewa, Ottawa, and Potawatimies, agree to renew and confirm the treaty of Greenville, made in the year one thousand seven hundred and ninety-five, and all subsequent treaties to which they were, respectively, parties, and the same are hereby again ratified and confirmed in as full a manner as if they were inserted in this treaty.

Done at Spring Wells, the eighth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

131 TREATY WITH WYANDOTS, ETC. 1815. 132

In testimony whereof, they, the said Commissioners, and the Sachems, Headmen, and Warriors, of the different tribes, have hereunto set their hands and affixed their seals.

WM. HENRY HARRISON, DUNCAN M‘ARTHUR, JOHN GRAHAM.

Wyandot Chiefs.

Tarhee, or the crane,

Harrouyeon, or Cherokee boy,

Sanohskee, or long house,

Outoctutimoh, or cub,

Myeeruh, or walk in the water,

Tyanumka,

Mymehamkee, or Barnett.

Shawanoe Chiefs.

Cutawekeshah, or black hoof,

Nutsheway, or wolf’s brother,

Tamenatha, or butter,

Shemenetoo, or big snake,

Outhowwaheshegath, or yellow plume,

Quatawwepay, or capt. Lewis,

Meshquothree, or capt. Reed,

Tecumtaquah.

Ottawa Chiefs.

Tontogenah, or the dog,

Tashscuygon, or M‘Arthur,

Okemas, or little chief,

Nashkemah,

Watashnewah,

Onqunogseh, or the ugly fellow,

Menitugawboway, or the devil standing,

Kelystum, or first actor.

Ottawa from Mackinack.

Kemenechagon, or the bastard,

Karbenequane, or the one who went in front.

Ottawa from Grand River.

Mechoquez.

A Winnebago from Mackinack.

Wassachcum, or first to start the whites.

Chippewa Chiefs.

Papeneschabee, or turn round about,

Nowgeschick, or twelve o’clock,

Shamanetoo, or God Almighty,

Wissenesoh,

Cacheonquet, or the big cloud,

Pasheskiskaquashcum,

Menactome, or the little fly,

Enewame, or the crow,

Nawaquaoto,

Paenassee, or the bird.

Delaware Chiefs.

Toctowayning, or Anderson,

Lamahtanoquez,

Matahoopan,

Aaheppan, or the buck,

Jim Killback,

Captain Beaver,

M‘Donald.

Seneca Chiefs.

Tahumnindoyeh, or between words,

Yonundankykueurent, or John Harris,

Masonmea, or civil John,

Saccorowahtah, or wiping stick.

Potawatomie Chiefs.

Topeeneebee,

Noungeesai, or five medals,

Naynauawsekaw,

Jeeceance,

Congee,

Osheawkeebee,

Waineamaygoas,

Meeksawbay,

Mongaw,

Nawnawmee,

Chay Chauk, or the crane,

Wanaunaskee,

Pashapow,

Honkemaro, or the chief,

Noungeasais,

Neesscateemeemay,

Nounnawkeskawaw,

Chickawno,

Mitteeay,

Messcecawwee,

Neepoashe,

Kaitchaynee,

Waymeego, or W. H. Harrison,

Louison,

Osheouskeebee.

Miami Chiefs.

Pacan,

Singomesha, or the owl,

Totanang, or the butterfly,

Osage, or the neutral,

Wabsioung, or the white skin,

Wapaassabina, or white racoon,

Otteutaqua, or a blower of his breath,

Makatasahina, or black racoon,

Wapeshesa, or white appearance in the water,

Matosamea, or Indian,

Shasanbe,

Shequar, or the poor racoon,

Cartanquar, or the sky,

Okemabenaseh, or the king bird,

Wapenaseme, or the collector of birds,

Mecianabee, or the setting stone,

Annawaba,

Mashepesheewingqua, or tiger’s face.

133TREATY WITH OSAGES. 1815.

Signed in the presence of A. L. Langham, Secretary to the Commission. Lewis Cass. James Miller, B. Gen. U. S. army. Willoughby Morgan, major U. S. army. A. B. Woodward. Hy. B. Brevoort, late major 45th inf. John Bidder, capt. U. S. corps artillery. James May, J. P. Peter Audrain, Reg. L. O. D. Jn. K. Walker, Wyandot interpreter. Francis Jansen. James Riley, interpreter. William Knaggs. Francois Mouton. John Kenzie, interpreter. F. Duchouquet, U. S. interpreter. Louis Bufait, Indian interpreter. J. Bts. Chandonnai, interpreter. W. Knaggs. Antoine Bondi. Jean Bt. Massac.

To the Indian names are subjoined a mark and seal.

1815-09-12 Treaty 7 Stat. 133 A TREATY OF PEACE AND FRIENDSHIP, Made and concluded between William Clark, Ninian Edwards,
Sept. 12, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned King, Chiefs, and Warriors, of the Great and Little Osage Tribes or Nations, on the part and behalf of their said Tribes or Nations, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and the said tribes or nations, and of being placed in all things, and in every respect, on the same footing upon which they stood before the war, have agreed to the following articles:

Article 1.Every injury, or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America and all the individuals composing the said Osage tribes or nations.

Art. 3. The contracting parties, in the sincerity of mutual friendship,

Former treaties recognised and confirmed.

recognize, re-establish, and confirm, all and every treaty, contract, and agreement, heretofore concluded between the United States and the said Osage tribes or nations.

In witness whereof the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the King, Chiefs, and Warriors, of the said tribes or nations, have hereunto subscribed their names, and affixed their seals, this twelfth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WM. CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Teshuhimga, or white hair,

Caygaywachepeche, or die bad chiefs,

Couchestawasta, or the one who sees far,

Gradamansa, or iron kite,

Mansa,

Wanougpacha, or he who fears not,

Hurate, the pipe bird,

Wasabatougga, big bear,

Nekagahre, he who beats the men,

Mekewatanege, he who carries the sun,

Nangawahagea,

Kemanha, the wind facer of the Arkansaw band.

134TREATY WITH SACS. 1815.

The Little Osages.

Caygatangga, the great chief,

Nechoumanee, the walking rain,

Watashiga, he who has done little,

Nehojamega, without ears,

Ososhingga, the little point,

Akidstangga, the big soldier,

Wabesongge,

Nehreegnegawachepecha,

Greenachee, he who arrives,

Wahadanes, of the Missouri tribe,

Aseega, the little horn,

Mahagrahra, the cutter.

Done at Portage des Siouxs, in the presence of R. Wash, Secretary to the commission. Thomas Levens, lieut. col. commanding 1st regt. I. T. P. Chouteau, agent Osages. T. Paul, C. C. T. Jas. B. Moore, capt. Samuel Whiteside, capt. Jno. W. Johnson, U. S. factor and Indian agent. Maurice Blondeaux. Samuel Solomon, Noel Mograine, Interpreters. P. L. Chouteau. Daniel Converse, 3d lieut.

To the Indian names are subjoined a mark and seal.

1815-09-13 Treaty 7 Stat. 134 Made and concluded between William Clark, Ninian Edwards,
Sept. 13, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of that portion of the Sac Nation of Indians now residing on the Missouri river, of the other part.

Whereas the undersigned chiefs and warriors, as well as that portion of the nation which they represent, have at all times been desirous of fulfilling their treaty with the United States, with perfect good faith; and for that purpose found themselves compelled, since the commencement of the late war, to separate themselves from the rest of their nation, and remove to the Missouri river, where they have continued to give proofs of their friendship and fidelity; and whereas the United States, justly appreciating the conduct of said Indians, are disposed to do them the most ample justice that is practicable; the said parties have agreed to the following articles:

Article 1. The undersigned chiefs and warriors, for themselves and

The Sacs assent to treaty of Nov. 3, 1804, &c.

that portion of the Sacs which they represent, do hereby assent to the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis, on the third day of November, one thousand eight hundred and four; and they moreover promise to do all in their power to re-establish and enforce the same.

Art. 2. The said chiefs and warriors, for themselves and those they

The Sacs of Missouri promise to remain separate from Sacs of Rock river, &c.

represent, do further promise to remain distinct and separate from the Sacs of Rock river, giving them no aid or assistance whatever, until peace shall also be concluded between the United States and the said Sacs of Rock river.

Art. 3. The United States, on their part, promise to allow the said

Allowance to Sacs of Missouri.

Sacs of the Missouri river all the rights and privileges secured to them by the treaty of St. Louis beforementioned, and also, as soon as practicable, to furnish them with a just proportion of the annuities stipulated to be paid by that treaty; provided they shall continue to comply with this and their former treaty.

135TREATY WITH FOXES. 1815.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the aforesaid Chiefs and Warriors, have hereunto subscribed their names and affixed their seals, this thirteenth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WM. CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Shamaga, the lance,

Weesaka, the Devil,

Catchemeckeseo, the big eagle,

Chekaqua, he that stands by the tree,

Kataka, or sturgeon,

Mecaitch, the eagle,

Neshota, the twin,

Quashquammee, the jumping fish,

Chagosort, the blues’ son,

Pocama, the plumb,

Namachewana, Chaha, the Sioux,

Nanochaatasa, the brave by hazard.

Done at Portage des Siouxs, in the presence of R. Wash, Secretary of the Commission. Thomas Levers, lieut. col. commanding 1st regt. I. T. PF. Chouteau, agent. T. Paul, C. C. T. Jas. B. Moore, capt. Samuel Whiteside, capt. Jno. W. Johnson, U. S. factor and Indian agent. Maurice Blondeaux. Samuel Solomon, Noel Mograine, Interpreters. Daniel Converse, 3d lieut.

To the Indian names are subjoined a mark and seal.

1815-09-14 Treaty 7 Stat. 135 Made and concluded between William Clark, Ninian Edwards,
Sept. 14, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned King, Chiefs, and Warriors, of the Fox Tribe or Nation, on the part and behalf of the said Tribe or nation, of the other part.

Article 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between the

Perpetual peace and friendship.

citizens of the United States of America and all the individuals composing the said Fox tribe or nation.

Art. 3. The contracting parties do hereby agree, promise, and oblige

Prisoners to be delivered up.

themselves, reciprocally, to deliver up all the prisoners now in their hands, (by what means soever the same may have come into their possession,) to the officer commanding at Fort Clark, on the Illinois river, to be by him restored to their respective nations as soon as it may be practicable.

Art. 4. The said Fox tribe or nation do hereby assent to, recognize,

Treaty of St. Louis, of Nov. 3, 1804, confirmed.

re-establish, and confirm, the treaty of St. Louis, which was concluded on the third day of November, one thousand eight hundred and four, to 136TREATY WITH IOWAS. 1815. the full extent of their interest in the same, as well as all other contracts and agreements between the parties; and the United States promise to fulfil all the stipulations contained in the said treaty in favor of the said Fox tribe or nation.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the aforesaid King, Chiefs, and Warriors, of the Fox Tribe or Nation aforesaid, have hereunto subscribed their names and affixed their seals, this fourteenth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WM. CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Pieremaskin, the fox who walks crooked,

Muckkatawagout, black cloud,

Namasosananmt, he who surpasses others,

Waspaca,

Mackkatananamakee, the black thunder,

Pashechenene, the liar,

Wapasai, the white skin,

Catchacommu, big lake,

Malasenokama, the war chief,

Kechaswa, the sun,

Mataqua, the medical woman,

Paquampa, the bear that sits,

Aquoqna, the kettle,

Nemarqua,

Machenamau, the bad fish,

Pesotaka, the flying fish,

Mishecaqua, the hairy legs,

Capontwa, all at once,

Mowhinin, the wolf,

Obigou,

Wonakasa, the quick riser,

Nanatawaka, the scenting fox.

Done at Portage des Siouxs, in the presence of R. Wash, Secretary to the Commission. Thomas Levens, lt. col. comdt. 1 regt. I. T. P. Chouteau, agent. T. Paul, C. C. T. Jas. B. Moore, capt. Samuel Whiteside, capt. Jno. W. Johnson, U. S. factor and I. agent. Maurice Blondeaux. Samuel Solomon, interpreter. Noel Mograine, interpreter. Daniel Converse, 3d lieut.

To the Indian names are subjoined a mark and seal.

1815-09-16 Treaty 7 Stat. 136 Made and concluded between William Clark, Ninian Edwards,
Sept. 16, 1815.
Ratified, Dec. 26, 1815.
and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned, King, Chiefs, and Warriors, of the Laway Tribe or Nation, on the part and behalf of the said Tribe or Nation, of the other part.

Article 1. Every injury, or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties against the other shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States and all the individuals composing the said Laway tribe or nation.

137TREATY WITH KANSAS. 1815.

Art. 3. The contracting parties do hereby agree, promise, and oblige

Prisoners to be delivered up.

themselves, reciprocally to deliver up all the prisoners now in their hands, (by what means soever the same may have come into their possession,) to the officer commanding at St. Louis, to be by him restored to their respective nations, as soon as it may be practicable.

Art. 4. The contracting parties, in the sincerity of mutual friendship,

Former treaties recognised and confirmed.

recognize, re-establish, and confirm, all and every treaty, contract, and agreement, heretofore concluded between the United States and the said Laway tribe or nation.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners as aforesaid, and the aforesaid King, Chiefs, and Warriors, have hereunto subscribed their names and affixed their seals, this sixteenth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Wyingwaha, or hard heart,

Wongehehronyne, or big chief,

Wonehee, or the slave,

Hahraga, the forked horn,

Eniswhanee, the big axe,

Washcommanee, the great marcher,

Wyimppishcoonee, the ill-humored man,

Ranoingga, the little pipe,

Wohomppee, the broth,

Shongatong, the horse jockey,

Nahocheininugga, without ears,

Conja, the plumb,

Chahowhrowpa, the dew-lap,

Manuhanu, the great walker,

Chapee, the pine buffaloe,

Okugwata, the roller,

Ishtagrasa, grey eyes.

Done at Portage des Sioux, in the presence of R. Wash, secretary to the commission. D. Bissel, brig. gen. T. Paul, C. C. T. Samuel Brady, lieut. Geo. Fisher, surgeon Illinois regt. P. Chouteau, agent. Jno. W. Johnson, U. S. factor and I. agent. Samuel Solomon, interpreter. Maurice Blondeaux, agt. Louis Dorion. Dennis Julien. Jas. M‘Colloch, capt.

To the Indian names are subjoined a mark and seal.

1815-10-28 Treaty 7 Stat. 137 Made and concluded between Ninian Edwards and Auguste
Oct. 28, 1815.
Ratified, Dec. 26, 1815.
Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of one part; and the undersigned Chiefs and Warriors of the Kansas Tribe of Indians, on the part and behalf of their said Tribe, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and their said tribe, and of being placed, in all things, and in every respect, upon the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Article 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

138TREATY WITH CHEROKEES. 1816.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America and all the individuals composing the said Kanzas tribe, and all the friendly relations that existed between them before the war shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the said Ninian Edwards and Auguste Chouteau, Commissioners as aforesaid, and the Chiefs aforesaid, have hereunto subscribed their names and affixed their seals, this twenty-eighth day of October, in the year of our Lord one thousand eight hundred and fifteen and of the independence of the United States the fortieth.

NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Cayezettanzaw, or the big chief,

Niedapy,

Hazeware, or the buck elk running after the doe,

Wahangashy, or the endless,

Cayegasheengaw, or the little chief,

Manshonskaw, or the white plume,

Cayegettsagesheengaw, or the old chief,

Mocupamawny, or the walking cloud,

Washangare,

Egashabe,

Kaehamony, or the floating down stream,

Opasheega,

Karahsheengaw, or the little crow,

Metanegaw, or the foolish robe,

Wehurasudge, or the red eagle,

Necolebran, or he who can smell a man,

Mannanedge,

Watankegaw,

Taritchu, or the cow’s rib.

Done in St. Louis, in presence of R. Wash, Secretary to the Commission. T. Paul, C. T. of the C. Ja. Kennerly, C. I. dept. Christian Witt. Gabriel S. Chouteau, ensign M. M. G. H. Kennerly. Thomas Forsyth, I. agent. Taylor Berry. Antoine Barada, Paul Desjardins, Interpreters.

To the Indian names are subjoined a mark and seal.

1816-03-22 Treaty 7 Stat. 138 ARTICLES OF A TREATY Made and concluded at the City of Washington, on the twenty-second
March 22, 1816.
Ratified, April 8, 1816.
day of March, one thousand eight hundred and sixteen, between George Graham, being specially authorized by the President of the United States thereto, and the undersigned Chiefs and Headmen of the Cherokee Nation, duly authorized and empowered by the said Nation.

Article 1. Whereas the Executive of the State of South Carolina

Cession by Cherokees to South Carolina.

has made an application to the President of the United States to extinguish the claim of the Cherokee nation to that part of their lands which lye within the boundaries of the said State, as lately established and agreed upon between that State and the State of North Carolina; and as the Cherokee nation is disposed to comply with the wishes of their brothers of South Carolina, they have agreed and do hereby agree to cede to the State of South Carolina, and forever quit claim to, the tract of country contained within the following bounds, viz.: beginning on

Bounds of the cession.

the east bank of the Chattuga river, where the boundary line of the Cherokee nation crosses the same, running thence, with the said boun-139dary line, to a rock on the Blue Ridge, where the boundary line crosses the same, and which rock has been lately established as a corner to the States of North and South Carolina; running thence, south, sixty-eight and a quarter degrees west, twenty miles and thirty-two chains, to a rock on the Chattuga river at the thirty-fifth degree of north latitude, another corner of the boundaries agreed upon by the States of North and South Carolina; thence, down and with the Chattuga, to the beginning.

Art. 2. For and in consideration of the above cession, the United

U. S. engage for the payment of $5000 by South Carolina.

States promise and engage that the State of South Carolina shall pay to the Cherokee nation, or its accredited agent, the sum of five thousand dollars, within ninety days after the President and Senate shall have ratified this treaty: Provided, That the Cherokee nation shall have

Proviso.

sanctioned the same in Council: And provided also, That the Executive of the State of South Carolina shall approve of the stipulations contained in this article.

In testimony whereof, the said Commissioner, and the undersigned Chiefs and Headmen of the Cherokee Nation, have hereunto set their hands and seals.

GEORGE GRAHAM.

Colonel John Lowry,

Major John Walker,

Major Ridge,

Richard Taylor,

John Ross,

Cheucunsene.

Witnesses present at signing and sealing:—Return J. Meigs, Jacob Laub, Gid: Davis.

To the Indian names are subjoined a mark and seal.

1816-03-22 Convention 7 Stat. 139 ARTICLES OF A CONVENTION Made and entered into between George Graham, specially authorized
March 22, 1816.
Ratified, April 8, 1816.
thereto by the President of the United States, and the undersigned Chiefs and Headmen of the Cherokee Nation, duly authorized and empowered by the said Nation.

Article 1. Whereas doubts have existed in relation to the northern

Doubts about boundary.

boundary of that part of the Creek lands lying west of the Coosa river, and which were ceded to the United States by the treaty held at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen; and whereas, by the third article of the Treaty, dated the seventh of January, one thousand eight hundred and six, between the United States and the Cherokee nation, the United States have recognised a claim on the part of the Cherokee nation to the lands south of the Big Bend of the Tennessee river, and extending as far west as a place on the waters of Bear Creek, [a branch of the Tennessee river,] known by the name of the Flat Rock, or Stone; it is, therefore, now

Boundary line designated and established.

declared and agreed, that a line shall be run from a point on the west bank of the Coosa river, opposite to the lower end of the Ten Islands in said river, and above Fort Strother, directly to the Flat Rock or Stone, on Bear Creek, [a branch of the Tennessee river;] which line shall be established as the boundary of the lands ceded by the Creek nation to the United States by the treaty held at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen, and of the lands claimed by the Cherokee nation lying west of the Coosa and south of the Tennessee rivers.

140

Art. 2. It is expressly agreed on the part of the Cherokee nation

U. S. to have the right of opening and using roads, &c. in the Cherokee nation.

that the United States shall have the right to lay off, open, and have the free use of, such road or roads, through any part of the Cherokee nation, lying north of the boundary line now established, as may be deemed necessary for the free intercourse between the States of Tennessee and Georgia and the Mississippi Territory. And the citizens of the United States shall freely navigate and use, as a highway, all the rivers and waters within the Cherokee nation. The Cherokee nation further agree

Cherokees to keep up public houses, &c.

to establish and keep up, on the roads to be opened under the sanction of this article, such ferries and public houses as may be necessary for the accommodation of the citizens of the United States.

Art. 3. In order to preclude any dispute hereafter, relative to the

Commissioners to run the boundary line.

boundary line now established, it is hereby agreed that the Cherokee nation shall appoint two commissioners to accompany the commissioners already appointed on the part of the United States, to run the boundary lines of the lands ceded by the Creek nation to the United States, while they are engaged in running that part of the boundary established by the first article of this treaty.

Art. 4. In order to avoid unnecessary expense and delay, it is further

Commissioners to lay off roads.

agreed that, whenever the President of the United States may deem it expedient to open a road through any part of the Cherokee nation, in pursuance of the stipulations of the second article of this Convention, the principal chief of the Cherokee nation shall appoint one commissioner to accompany the commissioners appointed by the President of the United States, to lay off and mark the road; and the said commissioner

To be paid by the U. S.

shall be paid by the United States.

Art. 5. The United States agree to indemnify the individuals of the

Indemnity to Cherokees.

Cherokee nation for losses sustained by them in consequence of the march of the militia and other troops in the service of the United States through that nation; which losses have been ascertained by the agents of the United States to amount to twenty-five thousand five hundred dollars.

In testimony whereof the said Commissioner, and the undersigned Chiefs and Headmen of the Cherokee Nation, have hereunto set their hands and seals. Done at the City of Washington, this twenty-second day of March, one thousand eight hundred and sixteen.

GEORGE GRAHAM.

Colonel John Lowry,

Major John Walker,

Major Ridge,

Richard Taylor,

John Ross,

Cheucunsene.

Witnesses present at signing and sealing,—Return J. Meigs, Jacob Laub, Gid: Davis.

To the Indian names are subjoined a mark and seal.

1816-05-13 Treaty 7 Stat. 141 A TREATY OF PEACE AND FRIENDSHIP Made and concluded between William Clark, Ninian Edwards,
May 13, 1816.
Proclamation, Dec. 30, 1816.
and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said states, of the one part, and the undersigned chiefs and warriors of the Sacs of Rock river and the adjacent country, of the other part.

Whereas by the ninth article of the treaty of peace, which was concluded

Preamble.

on the twenty-fourth day of December, eighteen hundred and fourteen, between the United States and Great Britain, at Ghent, and which was ratified by the president, with the advice and consent of the senate, on the seventeenth day of February, eighteen hundred and fifteen, it was stipulated that the said parties should severally put an end to all hostilities with the Indian tribes, with whom they might be at war, at the time of the ratification of said treaty; and to place the said tribes inhabiting their respective territories, on the same footing upon which they stood before the war: Provided, they should agree to desist from all hostilities against the said parties, their citizens or subjects respectively, upon the ratification of the said treaty being notified to them, and should so desist accordingly. And whereas the United States being determined to execute every article of the treaty with perfect good faith, and wishing to be particularly exact in the execution of the article above alluded to, relating to the Indian tribes: The president, in consequence thereof, for that purpose, on the eleventh day of March, eighteen hundred and fifteen, appointed the undersigned William Clark, governor of Missouri territory, Ninian Edwards, governor of Illinois territory, and Auguste Chouteau, esq. of the Missouri territory, commissioners, with full power to conclude a treaty of peace and amity with all those tribes of Indians, conformably to the stipulations contained in the said article, on the part of the United States, in relation to such tribes. And whereas the commissioners, in conformity with their instructions in the early part of last year, notified the Sacs of Rock river, and the adjacent country, of the time of the ratification of said treaty; of the stipulations it contained in relation to them; of the disposition of the American government to fulfil those stipulations, by entering into a treaty with them, conformably thereto; and invited the said Sacs of Rock river, and the adjacent country, to send forward a deputation of their chiefs to meet the said commissioners at Portage des Sioux, for the purpose of concluding such a treaty as aforesaid, between the United States and the said Indians, and the said Sacs of Rock river, and the adjacent country, having not only declined that friendly overture, but having continued their hostilities, and committed many depredations thereafter, which would have justified the infliction of the severest chastisement upon them; but having earnestly repented of their conduct, now imploring mercy, and being anxious to return to the habits of peace and friendship with the United States; and the latter being always disposed to pursue the most liberal and humane policy towards the Indian tribes within their territory, preferring their reclamation by peaceful measures, to their punishment, by the application of the military force of the nation—Now, therefore, 141 TREATY WITH THE SACS. 1816. 142

The said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the undersigned chiefs and warriors, as aforesaid, for the purpose of restoring peace and friendship between the parties, do agree to the following articles:

Art. 1. The Sacs of Rock river, and the adjacent country, do hereby

Treaty of St. Louis, of Nov. 3, 1804, confirmed.

Ante, p. 84.

unconditionally assent to recognize, re-establish, and confirm the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis, on the third day of November, one thousand eight hundred and four; as well as all other contracts and agreements, heretofore made between the Sac tribe or nation, and the United States.

Art. 2. The United States agree to place the aforesaid Sacs of Rock

Sacs placed on the same footing as before the war; provided, &c.

river, on the same footing upon which they stood before the war; provided they shall, on or before the first day of July next, deliver up to the officer commanding at cautionment Davis, on the Mississippi, all the property they, or any part of their tribe, have plundered or stolen from the citizens of the United States, since they were notified, as aforesaid, of the time of the ratification of the late treaty between the United States and Great Britain.

Art. 3. If the said tribe shall fail or neglect to deliver up the property

Consequences of a failure or neglect to deliver up property.

aforesaid, or any part thereof, on or before the first day of July aforesaid, they shall forfeit to the United States all right and title to their proportion of the annuities which, by the treaty of St. Louis, were covenanted to be paid to the Sac tribe; and the United States shall for ever afterwards be exonerated from the payment of so much of said annuities as, upon a fair distribution, would fall to the share of that portion of the Sacs who are represented by the undersigned chiefs and warriors.

Art. 4. This treaty shall take effect and be obligatory on the contracting

When to take effect.

parties, unless the same shall be disapproved by the president and senate of the United States, or by the president only; and in the mean time all hostilities shall cease from this date.

In testimony whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto set their hands and affixed their seals, this thirteenth day of May, one thousand eight hundred and sixteen.

WM. CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Anowart, or the One who Speaks,

Namawenane, or Sturgeon Man,

Nasawarku, the Fork,

Namatchesa, the Jumping Sturgeon,

Matchequawa, the Bad Axe,

Mashco, Young Eagle,

Aquaosa, a Lion coming out of the Water,

Mucketamachekaka, Black Sparrow Hawk,

Poinaketa, the Cloud that don’t stop,

Mealeseta, Bad Weather,

Anawashqueth, the Bad Root,

Wassekenequa, Sharp-faced Bear,

Sakeetoo, the Thunder that Frightens,

Warpaloka, the Humbling Thunder,

Kemeslesha, the Swan that flies in the Rain,

Pashekomack, the Swan that flies low,

Keotasheka, the Running Partridge,

Wapalamo, the White Wolf,

Caskupwa, the Swan whose wings crack when he flies,

Napetaka, he who has a Swan’s throat around his neck,

Mashashe, the Fox,

Wapamukqua, the White Bear.

St. Louis, May 13th, 1816. Done in the presence of R. Wash, Secretary to the commission. R. Paul, C. T. of the C. J. Bt. Caron, Samuel Solomon, Interpreters, Joshua Norvell, Judge Adv. M. M. Joseph Perkins. Joseph Charless. B. G. Tavar. Charles Wm. Hunter. Cerré. M. La Croix. Guyol de Guirano. Boon Ingels. Moses Scott. James Sawyer.

To the Indian names are subjoined a mark and seal.

1816-06-01 Treaty 7 Stat. 143 Made and concluded between William Clark, Ninian Edwards,
June 1, 1816.
Proclamation, Dec. 30, 1816.
and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said states, of the one part, and the undersigned chiefs and warriors, representing eight bands of the Siouxs, composing the three tribes called the Siouxs of the Leaf, the Siouxs of the Broad Leaf, and the Siouxs who shoot in the Pine Tops, on the part and behalf of their said tribes, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and the said tribes, and of being placed in all things, and in every respect, on the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Art. 1. Every injury or act of hostility, committed by one or either

Injuries, &c. forgiven.

of the contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States, and all the individuals composing the aforesaid tribes; and all the friendly relations that existed between them before the war shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Former cessions, treaties, &c. confirmed.

their tribes respectively, do, by these presents, confirm to the United States all and every cession, or cessions, of land heretofore made by their tribes to the British, French, or Spanish government, within the limits of the United States or their territories; and the parties here contracting do, moreover, in the sincerity of mutual friendship, recognise, re-establish, and confirm, all and every treaty, contract, and agreement, heretofore concluded between the United States and the said tribes or nations.

Art. 4. The undersigned chiefs and warriors as aforesaid, for themselves

Protection of U. S. acknowledged.

and their said tribes, do hereby acknowledge themselves to be under the protection of the United States, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the commissioners aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto subscribed their names and affixed their seals, this first day of June, in the year of our Lord one thousand eight hundred and sixteen, and of the independence of the United States the fortieth.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU. 143 TREATY WITH THE WINNEBAGOES. 1816. 144

Tatamanee, the Marching Wind,

Warmadearwar-up, the Man who looks at the Calumet Eagle,

Peneshon,

Kanggawachecha, or French Crow,

Eanggamanee, the Runner,

Tatangaseartop, the Playing Buffalo,

Tatanggamarnee, the Walking Buffalo, or Red Wing,

Warseconta, who shoots in the Pine Tops,

Weeshto, the Shoulder,

Warmarnosa, the Thief,

Shutkaongka, the Bird on the Limb,

Shakaska, White Nails,

Shuskamanee, the Walking Bird,

Manakohomonee, the Turning Iron,

Oocus, the Watchman,

Pahataka, the Humming Bird,

Eaohungko, the Man who marches quick,

Medermee, the Muddy Lake,

Tatawaka, the Medicine Wind,

Warshushasta, the Bad Hall,

Eoshark, the Belly-Ache,

Tuquaacundup, the Doctor,

Onudokea, the Fluttering Eagle,

Tusarquarp, he that walks with a Cane,

Markpeasena, the Black Cloud,

Warksuamance, the Man who is sick when he walks,

Otanggamanee, the Man with a strong Voice,

Hungkrehearpee, or the Half of his Body Gray,

Warpearmusee, the Iron Cloud,

Etoagungamanee, the White Face,

Warchesuosupa, the Negro,

Ehaarp, the Climber,

Nahre, the Shifting Shadow,

Hapula, the fourth Son,

Marcawachup, the Dancer,

Shantanggaup, the Big Tree,

Shongkaska, the White Big-eared Dog,

Hasanee, the Buffalo with one Horn,

Narissakata, the Old Man who can hardly Walk,

Aearpa, the Speaker,

Muckpeasarp, the Black Cloud.

Done at St. Louis, in the presence of R. Wash, secretary to the commission. R. Paul, C. T. of the C. Wm. O. Allen, captain United States corps Artillery. H. S. Geyer. Joshua Norvell, Judge Advocate, M. M. N. Boilvin, agent. Thomas Forsyth, I. agent. Maurice Blondeaux, Sau. agt. Henry Delorier, interpreter. Pierre Lapointe, interpreter. Samuel Solomon, interpreter. Jacques Mette, interpreter. Cerré. Richard Cave. Willi Cave. Julius Pescay.

To the Indian names are subjoined a mark and seal.

1816-06-03 Treaty 7 Stat. 144 Made and concluded between William Clark, Ninian Edwards,
June 3, 1816.
Proclamation, Dec. 30, 1816.
and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said states, of the one part, and the undersigned chiefs and warriors of that portion of the Winnebago tribe or nation residing on the Ouisconsin river, of the other part.

Whereas the undersigned chiefs and warriors, as well as that portion of the nation which they represent, have separated themselves from the rest of their nation, and reside in a village on the Ouisconsin river, and are desirous of returning to a state of friendly relations with the United States, the parties hereto have agreed to the following articles:

Art. 1. Every injury or act of hostility, committed by one or either

Injuries, &c. forgiven.

of the contracting parties against the other, shall be mutually forgiven and forgot; and all the friendly relations that existed between them before the late war, shall be, and the same are hereby, renewed.

Art. 2. The undersigned chiefs and warriors, for themselves and

Former cessions, treaties, &c. confirmed.

those they represent, do, by these presents, confirm to the United States all and every cession of land heretofore made by their nation to the British, French, or Spanish government, within the limits of the United States, or their territories; and also, all and every treaty, contract, and 145TREATY WITH THE WEAS AND KICKAPOOS. 1816. agreement, heretofore concluded between the United States and the said tribe or nation, as far as their interest in the same extends.

Art. 3. The undersigned chiefs and warriors as aforesaid, for themselves

Protection of U. S. acknowledged.

and those they represent, do hereby acknowledge themselves to be under the protection of the United States, and of no other nation, power, or sovereign, whatsoever.

Art. 4. The aforesaid chiefs and warriors, for themselves and those

Indians to remain distinct from the rest of their tribe.

they represent, do further promise to remain distinct and separate from the rest of their tribe or nation, giving them no aid or assistance whatever, until peace shall also be concluded between the United States and the said tribe or nation.

Art. 5. The contracting parties do hereby agree, promise, and oblige

Prisoners to be delivered up.

themselves, reciprocally, to deliver up all prisoners now in their hands (by what means soever the same may have come into their possession) to the officer commanding at Prairie du Chien, to be by him restored to the respective parties hereto, as soon as it may be practicable.

In witness whereof, the commissioners aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto subscribed their names, and affixed their seals, this third day of June, in the year of our Lord one thousand eight hundred and sixteen and of the independence of the United States the fortieth.

WM. CLARK, NINIAN EDWARDS, AUG. CHOUTEAU.

Choukeka, or Dekare, the spoon,

Onuuska, or Karamenu,

Achahouska, the White Sky,

Chenapinka, the Good House,

Makahka, the Earth,

Wechoka, the Green Feather,

Shougkapar, the Dog,

Nekousaka, the Main Channel,

Wapanonekee, the Bear,

Opwarchickwaka, the Rain,

Chepurganika, the Little Buffalo Head.

Done at St. Louis, in the presence of R. Wash, secretary to the commission. R. Paul, C. T. of the C. Wm. O. Allen, captain U. S. Corps of Artillery. N. Boilvin, agent. Thomas Forsyth, I. agent. Maurice Blondeaux, agent. Henry Delorier, Pierre Lapointe, Baptiste Pereault, Samuel Solomon, and Jacques Mette, Interpreters.

To the Indian names are subjoined a mark and seal.

1816-06-04 Treaty 7 Stat. 145 ARTICLES OF A TREATY Made and entered into at Fort Harrison, in the Indiana Territory
June 4, 1816.
Proclamation, Dec. 30, 1816.
between Benjamin Parke, specially authorized thereto by the president of the United States, of the one part, and the tribes of Indians called the Weas and Kickapoos, by their chiefs and head men, of the other part.

Art. 1. The Weas and Kickapoos again acknowledge themselves in

Peace and friendship.

peace and friendship with the United States.

Art. 2. The said tribes acknowledge the validity of, and declare

Treaty of Greenville confirmed.

their determination to adhere to, the treaty of Greenville, made in the year seventeen hundred and ninety-five, and all subsequent treaties which they have respectively made with the United States.

146TREATY WITH THE OTTAWAS, ETC. 1816.

Art. 3. The boundary line, surveyed and marked by the United

Boundary line confirmed.

States, of the land on the Wabash and White rivers, ceded in the year eighteen hundred and nine, the said tribes do hereby explicitly recognise and confirm, as having been executed conformably to the several treaties they have made with the United States.

Art. 4. The chiefs and warriors of the said tribe of the Kickapoos

Kickapoos acknowledge a former cession.

acknowledge that they have ceded to the United States all that tract of country which lies between the aforesaid boundary line on the north west side of the Wabash—the Wabash, the Vermillion river, and a line to be drawn from the north west corner of the said boundary line, so as to strike the Vermillion river twenty miles in a direct line from its mouth, according to the terms and conditions of the treaty they made with the United States on the ninth day of December, in the year eighteen hundred and nine.

In testimony whereof, the said Benjamin Parke, and the chiefs and head men of the said tribes, have hereunto set their hands and affixed their seals, at Fort Harrison, in the Indiana Territory, the fourth day of June, in the year of our Lord one thousand eight hundred and sixteen.

B. PARKE.

Weas.

Mesaupeckaunga, or Gamlan,

Jacco,

Kesanguekamya, or Buffalo,

Chequiha, or Little Eyes,

Mahquakouonga, or Negro Legs,

Pequaiah, or George,

Kenokosetah, or Long Body,

Owl, (a Miami)

Manchekelealah, or Big Man, (a Miami.)

Kickapoos.

Sheshepah, or Little Duck,

Kaanehkaka, or Drunkard’s Son,

Shekonah, or Stone,

Mahquah, or Bear,

Penashee, or Little Turkey,

Mehtahkokeah, Big Tree,

Mauquasconiah, Big Tree,

Keetahtey, or Little Otter,

Nepiseeah, Blackherry,

Pehsquonatah, Blackberry Flower,

Tecomthena, Track in Prairie.

Done in the presence of John L. M‘Cullough, secretary to the commissioner. John T. Chumm, major, commanding Fort Harrison. Gab. I. Floyd, lieutenant United States army. Th. M‘Call, of Vincennes. Hen. Gilham, of do. N. B. Bailey, of do. Geo. C. Copp. Michael Brouillet, anteprete au for arisonne. Joseph Barron, sworn interpreter.

To the Indian names are subjoined a mark and seal.

1816-08-24 Treaty 7 Stat. 146 A TREATY OF PEACE, FRIENDSHIP, AND LIMITS, Made and concluded between Ninian Edwards, William Clark,
Aug. 24, 1816.
Proclamation, Dec. 30, 1816.
and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of said states, of the one part, and the chiefs and warriors of the united tribes of Ottawa, Chipanoas, and Poltowotones, residing on the Illinois and Melvake rivers, and their waters, and on the southwestern parts of Lake Michigan, of the other part.

Whereas a serious dispute has for some time past existed between the contracting parties relative to the right to a part of the lands ceded to the United States by the tribes of Sacs and Foxes, on the third day of November, one thousand eight hundred and four, and both parties being desirous of preserving a harmonious and friendly intercourse, and 147 of establishing permanent peace and friendship, have, for the purpose of removing all difficulties, agreed to the following terms:

Art. 1. The said chiefs and warriors, for themselves and the tribes

Cession to the United States.

they represent, agree to relinquish, and hereby do relinquish, to the United States, all their right, claim, and title, to all the land contained in the before-mentioned cession of the Sacs and Foxes, which lies south of a due west line from the southern extremity of Lake Michigan to the Mississippi river. And they moreover cede to the United States all the land contained within the following bounds, to wit: beginning on the left bank of the Fox river of Illinois, ten miles above the mouth of said Fox river; thence running so as to cross Sandy creek, ten miles above its mouth; thence, in a direct line, to a point ten miles north of the west end of the Portage, between Chicago creek, which empties into Lake Michigan, and the river Depicines, a fork of the Illinois; thence, in a direct line, to a point on Lake Michigan, ten miles northward of the mouth of Chicago creek; thence, along the lake, to a point ten miles southward of the mouth of the said Chicago creek; thence, in a direct line, to a point on the Kankakee, ten miles above its mouth; thence, with the said Kankakee and the Illinois river, to the mouth of Fox river, and thence to the beginning: Provided, nevertheless, That

Proviso.

the said tribes shall be permitted to hunt and to fish within the limits of the land hereby relinquished and ceded, so long as it may continue to be the property of the United States.

Art. 2. In consideration of the aforesaid relinquishment and cession,

Consideration.

the United States have this day delivered to said tribes a considerable quantity of merchandise, and do agree to pay them, annually, for the term of twelve years, goods to the value of one thousand dollars, reckoning that value at the first cost of the goods in the city or place in which they shall be purchased, without any charge for transportation; which said goods shall be delivered to the said tribes at some place on the Illinois river, not lower down than Peoria. And the said United States

Relinquishment by U. S.

do moreover agree to relinquish to the said tribes all the land contained in the aforesaid cession of the Sacs and Foxes, which lies north of a due west line, from the southern extremity of Lake Michigan to the Mississippi river, except three leagues square at the mouth of the Ouisconsing River, including both banks, and such other tracts, on or near to the Ouisconsing and Mississippi rivers, as the president of the United States may think proper to reserve: Provided, That such other

Proviso.

tracts shall not in the whole exceed the quantity that would be contained in five leagues square.

Art. 3. The contracting parties, that peace and friendship may be

Peace and friendship.

permanent, promise that in all things whatever, they will act with justice and correctness towards each other, and that they will, with perfect good faith, fulfill all the obligations imposed upon them by former treaties.

In witness whereof, the said Ninian Edwards, William Clark, and Auguste Chouteau, commissioners aforesaid, and the chiefs and warriors of the aforesaid tribes, have hereunto subscribed their names and affixed their seals, this twenty-fourth day of August, one thousand eight hundred and sixteen, and of the independence of the United States the forty-first.

NINIAN EDWARDS, WM. CLARK, AUGUSTE CHOUTEAU. 148TREATY WITH THE CHEROKEES. 1816.

Mucketeypokee, or Black Partridge,

Sinnowchewone, by his brother Ignations,

Mucketepenesee, or Black Bird,

Bendegakewa,

Pemsaw, or Walker,

Ontawa,

Nangesay, alias Stout,

Chamblee,

Cacake,

Shawanoe,

Wapunsy,

Cunuepepy,

Wonesee,

Richeikeming, or Lake,

Cabenaw,

Opaho,

Cowwesaut,

Chekinaka,

Macheweskeaway,

Shanquissee,

Ignatius,

Takaonenee,

Ottawonce,

Towwaniny, or Trader,

Cashshakee,

Nigigwash,

Sheshebungge,

Mowais, or Little Wolf.

Done at St. Louis, in the presence of R. Wash, secretary to the commission. R. Graham, Indian agent for the Territory of Illinois. Thomas Forsyth, Indian agent. J. Maul, lieutenant 8th regiment of Infantry. P. Provenchere, interpreter of the commissioners. Maurice Blondeaux, Indian agent. John Roland. M. Lewis Clark. Sam. Solomon, interpreter and translator. Jacques Mette, interpreter. Katasa, (a Kickapoo chief.) Tapema, do. Sakappee, do. Kenapaso, do. Pawanaqua, do. Ancowa, do. Mackkattsoushick, do. Shaquabee, do. Quashquammee, a Sac chief. Mecitch, do. Capitoi, a Fox chief. Acoqua, or Kettle, the principal war chief of Foxes.

To the Indian names are subjoined a mark and seal.

1816-09-14 Treaty 7 Stat. 148 TREATY WITH THE CHEROKEES.

To perpetuate peace and friendship between the United States and

Sept. 14, 1816.

Proclamation, Dec. 30, 1816.

Cherokee tribe, or nation, of Indians, and to remove all future causes of dissension which may arise from indefinite territorial boundaries, the president of the United States of America, by major general Andrew Jackson, general David Meriwether, and Jesse Franklin, esquire, commissioners plenipotentiary on the one part, and the Cherokee delegates on the other, covenant and agree to the following articles and conditions, which, when approved by the Cherokee nation, and constitutionally ratified by the government of the United States, shall be binding on all parties:

Art. 1. Peace and friendship are hereby firmly established between

Peace and friendship.

the United States and Cherokee nation or tribe of Indians.

Art. 2. The Cherokee nation acknowledge the following as their

Boundary line.

western boundary: South of the Tennessee river, commencing at Camp Coffee, on the south side of the Tennessee river, which is opposite the Chickasaw Island, running from thence a due south course to the top of the dividing ridge between the waters of the Tennessee and Tombigby rivers, thence eastwardly along said ridge, leaving the head waters of the Black Warrior to the right hand, until opposed by the west branch of Well’s Creek, down the east bank of said creek to the Coosa river, and down said river.

Art. 3. The Cherokee nation relinquish to the United States all

Relinquishment and cession by Cherokees.

claim, and cede all title to lands laying south and west of the line, as described in the second article; and, in consideration of said relinquishment and cession, the commissioners agree to allow the Cherokee nation an annuity of six thousand dollars, to continue for ten successive years, and five thousand dollars, to be paid in sixty days after the ratification of the treaty, as a compensation for any improvements which the said nation may have had on the lands surrendered.

149

Art. 4. The two contracting parties covenant, and agree, that the

Line to be run by U. S.

line, as described in the second article, shall be ascertained and marked by commissioners, to be appointed by the president of the United States; that the marks shall be bold; trees to be blazed on both sides of the line, and the fore and aft trees to be marked with the letters U.S.; that the commissioners shall be accompanied by two persons, to be appointed by the Cherokee nation, and that said nation, shall have due and seasonable notice when said operation is to be commenced.

Art. 5. It is stipulated that the Cherokee nation will meet general

A council to be held.

Andrew Jackson, general David Meriwether, and Jesse Franklin, esquire, in council, at Turkey’s Town, Coosa river, on the 28th of September, (instant) there and then to express their approbation, or not, of the articles of this treaty; and if they do not assemble at the time and place specified, it is understood that the said commissioners may report the same as a tacit ratification, on the part of the Cherokee nation, of this treaty.

In testimony whereof, the said commissioners, and undersigned chiefs and delegates of the Cherokee nation, have hereto set their hands and seals. Done at the Chickasaw council house, this fourteenth day of September, in the year of our Lord one thousand eight hundred and sixteen.

ANDREW JACKSON, D. MERIWETHER, J. FRANKLIN.

Tocchalar,

Oohulookee,

Wososey,

Gousa,

Spring Frog,

Oowatata,

John Beuge,

John Bawldridge,

Sallocookee Fields,

George Guess,

Bark,

A. Campbell,

Spirit,

Young Wolf,

Oolitiskee.

Witness, James Gadsden, secretary to the commissioners. Arthur P. Hayne, inspector general, division of the south. James C. Bronaugh, hospital surgeon, United States army. John Gordon. John Rhea. Thomas Wilson, and A. M‘Coy, interpreters for the Cherokees.

Ratified at Turkey Town, by the whole Cherokee nation, in council assembled. In testimony whereof, the subscribing commissioners of the United States, and the undersigned chiefs and warriors of the Cherokee nation, have hereto set their hands and seals, this fourth day of October, in the year of our Lord one thousand eight hundred and sixteen.

ANDREW JACKSON, D. MERIWETHER.

Path Killer,

The Glass,

Sour Mush,

Chulioa,

Dick Justice,

Richard Brown,

Bark,

The Boot,

Chickasawlua.

Witness, James Gadsden, secretary. Return J. Meigs. Richard Taylor, and A. M‘Coy, interpreters.

To the Indian names are subjoined a mark and seal.

1816-09-20 Treaty 7 Stat. 150 TREATY WITH THE CHICKASAWS.

Sept. 20, 1816.

Proclamation, Dec. 30, 1816.

To settle all territorial controversies, and to perpetuate that peace and harmony which has long happily subsisted between the United States and Chickasaw nation, the president of the United States of America, by major general Andrew Jackson, general David Meriwether, and Jesse Franklin, esq. on the one part, and the whole Chickasaw nation, in council assembled, on the other, have agreed on the following articles, which when ratified by the president, with the advice and consent of the senate of the United States, shall be binding on all parties:

Art. 1. Peace and friendship are hereby firmly established, and perpetuated,

Peace and friendship.

between the United States of America and Chickasaw nation.

Art. 2. The Chickasaw nation cede to the United States (with the

Cession to the United States.

exception of such reservations as shall hereafter be specified) all right or title to lands on the north side of the Tennessee river, and relinquish all claim to territory on the south side of said river, and cast of a line commencing at the mouth of Caney creek, running up said creek to its source, thence a due south course to the ridge path, or commonly called Gaines’s road, along said road south westwardly to a point on the Tombigby river, well known by the name of the Cotton Gin port, and down the west bank of the Tombigby to the Choctkaw boundary.

Art. 3. In consideration of the relinquishment of claim, and cession

Allowance to Chickasaws.

of lands, made in the preceding article, the commissioners agree to allow the Chickasaw nation twelve thousand dollars per annum for ten successive years, and four thousand five hundred dollars to be paid in sixty days after the ratification of this treaty into the hands of Levi Colbert, as a compensation for any improvements which individuals of the Chickasaw nation may have had on the lands surrendered; that is to say, two thousand dollars for improvements on the east side of the Tombigby, and two thousand five hundred dollars for improvements on the north side of the Tennessee river.

Art. 4. The commissioners agree that the following tracts of land

Tracts reserved to the Chickasaw nation.

shall be reserved to the Chickasaw nation: 1. One tract of land for the use of col. George Colbert and heirs, and which is thus described by said Colbert: “Beginning on the north bank of the Tennessee river, at a point that, running north four miles, will include a big spring, about half way between his ferry and the mouth of Cypress, it being a spring that a large cow-path crosses its branch near where a cypress tree is cut down; thence westwardly to a point, four miles from the Tennessee river, and standing due north of a point on the north bank of the river, three [four] miles below his ferry on the Tennessee river, and up the meanders of said river to the beginning point.” 2. A tract of land two miles square on the north bank of the Tennessee river, and at its junction with Beach creek, for the use of Appassan Tubby and heirs. 3. A tract of land one mile square, on the north side of the Tennessee river, for the use of John McCleish and heirs, the said tract to be so run as to include the said McCleish’s settlement and improvements on the north side of Buffalo creek. 4.

Two tracts of land, containing forty acres each, on the south side of Tennessee river, and about two and a half miles below the Cotton 150TREATY WITH THE CHICKASAWS. 1816. 151 Gin port, on the Tombigby river, which tracts of land will be pointed out by major Levi Colbert, and for the use of said Colbert and heirs.

It is stipulated that the above reservations shall appertain to the Chickasaw nation only so long as they shall be occupied, cultivated, or used, by the present proprietors or heirs, and in the event of all or either of said tracts of land, so reserved, being abandoned by the present proprietors or heirs, each tract or tracts of land, so abandoned, shall revert to the United States as a portion of that territory ceded by the second article of this treaty.

Art. 5. The two contracting parties covenant and agree that the line

Line on the south side of the Tennessee to be ascertained, &c.

on the south side of the Tennessee river, as described in the second article of this treaty, shall be ascertained and marked by commissioners to be appointed by the president of the United States; that the marks shall be bold; trees to be blazed on both sides of the line, and the fore and aft trees to be marked with the letters U. S. That the commissioners shall be attended by two persons to be designated by the Chickasaw nation, and that the said nation shall have due and seasonable notice when said operation is to be commenced.

Art. 6. In consideration of the conciliatory disposition evinced,

Presents to certain Indians.

during the negotiation of this treaty, by the Chickasaw chiefs and warriors, but more particularly as a manifestation of the friendship and liberality of the president of the United States, the commissioners agree to give, on the ratification of this treaty, to Chinmubby, king of the Chickasaws, to Tishshominco, William M‘Glivery, Arpasarshtubby, Samuel Seely, James Brown, Levi Colbert, Ickaryoucullaha, George Pettygrove, Immartarhamiçko, Chickasaw chiefs, and to Malcolm M‘Gee, interpreter, one hundred and fifty dollars each, in goods or cash, as may be preferred, and to major William Glover, colonel George Colbert, capt. Rabbitt, Hoparyeahoummar, Immoukelourshsharhoparyea, Hoparyea, Houllartir, Tushkerhopoyyea, Hoparyeahoummar, jun. Immoukelusharhopoyyea, James Colbert, Coweamarthlar, and Iilnachouwarhopoyyea, military leaders, one hundred dollars each; and, as a particular mark of distinction and favor for his long services and faithful adherence to the United States government, the commissioners agree to allow to general William Colbert an annuity of one hundred dollars for and during his life.

Art. 7.

“Whereas the chiefs and warriors of the Chickasaw nation

No more pedlars to be licensed to traffic in the nation.

have found, from experience, that the crowd of pedlars, who are constantly traversing their nation from one end to the other, is of a serious disadvantage to the nation; that serious misunderstandings and disputes frequently take place, as well as frauds, which are often practised on the ignorant and uninformed of the nation, therefore it is agreed by the commissioners on the part of the government, and the chiefs of the nation, that no more licenses shall be granted by the agent of the Chickasaws to entitle any person or persons to trade or traffic merchandise in said nation; and that any person or persons, whomsoever, of the white people, who shall bring goods and sell them in the nation, contrary to this article, shall forfeit the whole of his or their goods, one half to the nation and the other half to the government of the United States; in all cases where this article is violated, and the goods are taken or seized, they shall be delivered up to the agent, who shall hear the testimony and judge accordingly.”

This article was presented to the commissioners by the chiefs and warriors of the Chickasaw nation, and by their particular solicitation embraced in this treaty.

In testimony whereof, the said commissioners, and undersigned chiefs and warriors, have set their hands and seals.

152TREATY WITH THE CHOCTAWS. 1816.

Done at the Chickasaw council house, this twentieth day of September, in the year of our Lord one thousand eight hundred and sixteen.

ANDREW JACKSON, D. MERIWETHER, J. FRANKLIN.

Chanumbby, King,

Tishshomingo,

Wm. M‘Gilvery,

Arpasarhtubby,

Samuel Seely,

James Brown,

Levi Colbert,

Ickaryoucuttaha,

George Pettygrove,

Immartarharmicco,

Major general Wm. Colbert,

Major Wm. Glover,

Major George Colbert,

Captain Rabbit,

Hopoyeahoummar,

Immouklusharhopoyea,

Hopoyeahoullarter,

Tushkarhopoyea,

Hopoyeahoummar, jun.

Immouklusharhopyea,

James Colbert,

Coweamarthtar,

Iilachouwarhopoyea.

Witness. James Gadsden, secretary. Wm. Cocke. John Rhea. Malcum M‘Gee. James Colbert, interpreter.

To the Indian names are subjoined a mark and seal.

1816-10-24 Treaty 7 Stat. 152 A TREATY OF CESSION Between the United States of America and the Chactaw nation
Oct. 24, 1816.
Proclamation, Dec. 30, 1816.
of Indians.

James Madison, president of the United States of America, by general John Coffee, John Rhea, and John M‘Kee, esquires, commissioners on the part of the United States, duly authorized for that purpose, on the one part, and the mingoes, leaders, captains, and warriors, of the Chactaw nation, in general council assembled, in behalf of themselves and the whole nation, on the other part, have entered into the following articles, which, when ratified by the president of the United States, with the advice and consent of the senate, shall be obligatory on both parties:

Art. 1. The Chactaw nation, for the consideration hereafter mentioned,

Cession.

cede to the United States all their title and claim to lands lying east of the following boundary, beginning at the mouth of Ooktibbuna, the Chickasaw boundary, and running from thence down the Tombigby river, until it intersects the northern boundary of a cession made to the United States by the Chactaws, at Mount Dexter, on the 16th November,

Ante, p. 98.

1805.

Art. 2. In consideration of the foregoing cession, the United States

Consideration.

engage to pay to the Chactaw nation the sum of six thousand dollars annually, for twenty years; they also agree to pay them in merchandize, to be delivered immediately on signing the present treaty, the sum of ten thousand dollars.

Done and executed in full and open council, at the Chactaw trading house, this twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixteen, and of the independence of the United States the forty-first.

JNO. COFFEE, JOHN RHEA, JOHN M‘KEE. 153TREATY WITH THE MENOMONIES. 1817.

Mushoolatubbee,

Pooshamattaba,

Pukashunnubbee,

General Terror,

Chactaw Eestannokee,

General Humming Bird,

Talking Warrior,

David Folsom,

Bob Cole,

Oofuppa,

Hoopoieeskitteenee,

Hoopoieemiko,

Hoopoieehooma.

Witnesses, Tho. H. Williams, secretary to the commission. John Pitchlynn. Turner Brashear, interpreters. M. Mackey. Silas Dinsmoor. R. Chamberlin.

To the Indian names are subjoined a mark and seal.

1817-03-30 Treaty 7 Stat. 153 A TREATY OF PEACE AND FRIENDSHIP Made and concluded by and between William Clark, Ninian Edwards,
March 30, 1817.
Proclamation, Dec. 26, 1817.
and Auguste Chouteau, commissioners on the part and behalf of the United States of America, of the one part, and the undersigned chiefs and warriors, deputed by the Menomenee tribe or nation of Indians, on the part and behalf of their said tribe or nation, of the other part.

The parties, being desirous of re-establishing peace and friendship between the United States and the said tribe or nation, and of being placed in all things, and in every respect, on the same footing upon which they stood before the late war, have agreed to the following articles:

Art. 1. Every injury, or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties, against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States and all the individuals composing the said Menomenee tribe or nation.

Art. 3. The undersigned chiefs and warriors, on the part and behalf

Former cessions and treaties confirmed.

of their said tribe or nation, do, by these presents, confirm to the United States all and every cession of land heretofore made by their tribe or nation to the British, French, or Spanish, government, within the limits of the United States, or their territories; and also, all and every treaty, contract, and agreement, heretofore concluded between the said United States and the said tribe or nation.

Art. 4. The contracting parties do hereby agree, promise, and oblige

Prisoners to be delivered up.

themselves, reciprocally, to deliver up all prisoners now in their hands, (by what means soever the same may have come into their possession,) to the officer commanding at Prairie du Chien, to be by him restored to the respective parties hereto, as soon as it may be practicable.

Art. 5. The undersigned chiefs and warriors as aforesaid, for themselves

Protection of U. S. acknowledged.

and those they represent, do hereby acknowledge themselves to be under the protection of the United States, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the commissioners aforesaid, and the undersigned chiefs and warriors, as aforesaid, have hereunto subscribed their names and affixed their seals, this thirtieth day of March, in the 154TREATY WITH THE OTTOES. 1817. year of our Lord one thousand eight hundred and seventeen, and of the independence of the United States the forty-first.

WILLIAM CLARK, NINIAN EDWARDS, AUGUSTE CHOUTEAU.

Towanapee, Roaring Thunder,

Weekay, the Calumet Eagle,

Muequomota, the Fat of the Bear,

Wacaqoun, or Shomin,

Warbano, the Dawn,

Inemikee, Thunderer,

Lebarnaco, the Bear,

Karkundego,

Shashamanee, the Elk,

Penoname, the Running Wolf.

Done at St. Louis, in the presence of R. Wash, secretary to the commissioners. R. Graham, U. S. I. A. for Illinois territory. T. Harrison. Nimrod H. Moore. S. Gantt, Lieut. U. S. Army. C. M. Price. Richard T. M‘Kenney. Amos Kibbe. Nathan. Mills. Samuel Solomon.

To the Indian names are subjoined a mark and seal.

1817-06-24 Treaty 7 Stat. 154 Made and concluded between William Clark and Auguste Chouteau,
June 24, 1817.
Proclamation, Dec. 26, 1817.
commissioners on the part, and behalf of the United States of America, of the one part; and the undersigned chiefs and warriors, of the Ottoes tribe of Indians, on the part and behalf of their said tribe, of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and their said tribe and of being placed, in all things, and in every respect, upon the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Art. 1. Every injury or act of hostility by one or either of the contracting

Injuries, &c. forgiven.

parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the said Ottoes tribe, and all the friendly relations that existed between them before the war, shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

In witness whereof the said William Clark and Auguste Chouteau, commissioners as aforesaid, and the chiefs aforesaid, have hereunto subscribed their names and affixed their seals, this twenty-fourth day of June, in the year of our Lord one thousand eight hundred and seventeen, and of the independence of the United States the forty-first.

WILLIAM CLARK, AUGUSTE CHOUTEAU. 155TREATY WITH THE PONCARARS. 1817.

Chongatonga, Big Horse,

Histashone, Big Eyes,

Mihahande, Eikest Daughter,

Kanseepa, the Kansee Head,

Montistonga, Pewter,

Pahagranga, Auguste.

Ottoes.

Watokieka, the Runner,

Mantoeakiepu, Meeting of Bear,

Achieya, Broken Arm,

Wathapayignet, The Small Bear,

Mantoeignet, the Little Bow,

Wapontraska, White Nostrils.

Missouries.

Tarposta, Son of the Priest,

Kahhehpah, Crow Head,

Harahkraton, the Sparrow Hawk,

Tawequa, the Little Deer,

Chanohato, Buffalo Hump.

Witnesses Present—Lewis Bissell, acting secretary. Manuel Lisa, U. S. Ind. Ag. Benjamin O. Fallon, U. S. Indian Agent. W. Khrizely. Gen. G. Taylor. W. Tharp. Michl. E. Immell. P. J. Nalsisor. Sam. Solomon, Interpreter. Stephen Julien, United States’ Indian Interpreter. Gabriel S. Chouteau, 2d Lieutenant M. M. Joseph Lafleche, Interpreter.

To the Indian names are subjoined a mark and seal.

1817-06-25 Treaty 7 Stat. 155 Made and concluded between William Clark and Auguste Chouteau,
June 25, 1817.
Proclamation, Dec. 26, 1817.
commissioners on the part and behalf of the United States of America, of the one part, and the undersigned chiefs and warriors of the Poncarar tribe of Indians, on the [their] part and of their said tribe of the other part.

The parties being desirous of re-establishing peace and friendship between the United States and their said tribe, and of being placed, in all things and every respect, upon the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Art. 1. Every injury or act of hostility by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship, &c.

the citizens of the United States of America and all the individuals composing the said Poncarar tribe; and all the friendly relations that existed between them before the war shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatever.

In witness whereof, the said William Clark and Auguste Chouteau, commissioners as aforesaid, have hereunto subscribed their names and affixed their seals, this twenty-fifth day of June, in the year of our Lord one thousand eight hundred and seventeen, and of the independence of the United States the forty-first.

WILLIAM CLARK, AUGUSTE CHOUTEAU.

Aquelaba, the Fighter,

Gradonga, Fork-tailed Hawk,

Shondagaha, Smoker,

Kihegaslringa, Little Chief,

Necawcompe, the Handsome Man,

Ahahpah, the Rough Buffalo Horn,

Showeno, the Comer,

Bardegara, he who stands fire.

156TREATY WITH THE CHEROKEES. 1817.

Witnesses present:—Lewis Bissel, acting secretary to the commissioners. Manuel Lisa, U. S. Indian agent. Benja. O. Fallon, U. S. Indian agent. R. Graham, Indian agent for Illinois. Dr. Wm. J. Clarke. B. Vasques. Saml. Solomon, interpreter. Stephen Julian, U. S. Indian Interpreter. Joseph Lafleche, interpreter.

To the Indian names are subjoined a mark and seal.

1817-07-08 Treaty 7 Stat. 156 ARTICLES OF A TREATY Concluded, at the Cherokee Agency, within the Cherokee nation,
July 8, 1817.
Proclamation, Dec. 26, 1817.
between major general Andrew Jackson, Joseph M‘Minn, governor of the state of Tennessee, and general David Meriwether, commissioners plenipotentiary of the United States of America, of the one part, and the chiefs, head men, and warriors, of the Cherokee nation, east of the Mississippi river, and the chiefs, head men, and warriors, of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rogers, duly authorized by the chiefs of the Cherokees on the Arkansas river, in open council, by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware.

Whereas in the autumn of the year one thousand eight hundred and

Preamble.

eight, a deputation from the Upper and Lower Cherokee towns, duly authorized by their nation, went on to the city of Washington, the first named to declare to the President of the United States their anxious desire to engage in the pursuits of agriculture and civilized life, in the country they then occupied, and to make known to the President of the United States the impracticability of inducing the nation at large to do this, and to request the establishment of a division line between the upper and lower towns, so as to include all the waters of the Hivassee river to the upper town, that, by thus contracting their society within narrow limits, they proposed to begin the establishment of fixed laws and a regular government: The deputies from the lower towns to make known their desire to continue the hunter life, and also the scarcity of game where they then lived, and, under those circumstances, their wish to remove across the Mississippi river, on some vacant lands of the United States. And whereas the President of the United States, after maturely considering the petitions of both parties, on the ninth day of January, A. D. one thousand eight hundred and nine, including other subjects, answered those petitions as follows: “The United States, my children, are the friends of both parties, and, as far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighborhood. Those who wish to remove, are permitted to send an exploring party to recombine the country on the waters of the Arkansas and White rivers, and the higher up the better, as they will be the longer unapproached by our settlements, which will begin at the mouths of those rivers. The regular districts of the government of St. Louis are already laid off to the St. Francis.”

“When this party shall have found a tract of country suiting the emigrants, and not claimed by other Indians, we will arrange with them and you the exchange of that for a just portion of the country they leave; and to a part of which, proportioned to their numbers, they have a right. Every aid towards their removal, and what will be necessary for them 157 there, will then be freely administered to them; and when established in their new settlements, we shall still consider them as our children, give them the benefit of exchanging their peltries for what they will want at our factories, and always hold them firmly by the hand.”

And whereas the Cherokees, relying on the promises of the President of the United States, as above recited, did explore the country on the west side of the Mississippi, and made choice of the country on the Arkansas and White rivers, and settled themselves down upon United States’ lands, to which no other tribe of Indians have any just claim, and have duly notified the President of the United States thereof, and of their anxious desire for the full and complete ratification of his promise, and, to that end, as notified by the President of the United States, have sent on their agents, with full powers to execute a treaty, relinquishing to the United States all the right, title, and interest, to all lands of right to them belonging, as part of the Cherokee nation, which they have left, and which they are about to leave, proportioned to their numbers, including, with those now on the Arkansas, those who are about to remove thither, and to a portion of which they have an equal right agreeably to their numbers.

Now, know ye, that the contracting parties, to carry into full effect the before recited promises with good faith, and to promote a continuation of friendship with their brothers on the Arkansas river, and for that purpose to make an equal distribution of the annuities secured to be paid by the United States to the whole Cherokee nation, have agreed and concluded on the following articles, viz:

Art. 1. The chiefs, head men, and warriors, of the whole Cherokee

Cession of lands to U. S. in exchange for other lands.

nation, cede to the United States all the lands lying north and east of the following boundaries, viz: Beginning at the high shoals of the Appalachy river, and running thence, along the boundary line between the Creek and Cherokee nations, westwardly to the Chatahouchy river; thence, up the Chatahouchy river, to the mouth of Sougue creek; thence, continuing with the general course of the river until it reaches the Indian boundary line, and, should it strike the Turrurar river, thence, with its meanders, down said river to its mouth, in part of the proportion of land in the Cherokee nation east of the Mississippi, to which those now on the Arkansas and those about to remove there are justly entitled.

Art. 2. The chiefs, head men, and warriors, of the whole Cherokee

Further cession of lands.

nation, do also cede to the United States all the lands lying north and west of the following boundary lines, viz: Beginning at the Indian boundary line that runs from the north bank of the Tennessee river, opposite to the mouth of Hywasee river, at a point on the top of Walden’s ridge, where it divides the waters of the Tennessee river from those of the Sequatchic river; thence, along the said ridge, southwardly, to the bank of the Tennessee river, at a point near to a place called the Negro Sugar Camp, opposite to the upper end of the first island above Running Water Town; thence, westwardly, a straight line to the mouth of Little Sequatchic river; thence, up said river, to its main fork; thence, up its northernmost fork, to its source; and thence, due west, to the Indian boundary line.

Art. 3. It is also stipulated by the contracting parties, that a census

A census of the Cherokee nation to be taken.

shall be taken of the whole Cherokee nation, during the month of June, in the year of our Lord one thousand eight hundred and eighteen, in the following manner, viz: That the census of those on the east side of the Mississippi river, who declare their intention of remaining, shall be taken by a commissioner appointed by the President of the United States, and a commissioner appointed by the Cherokees on the Arkansas 158 river; and the census of the Cherokees on the Arkansas river, and those removing there, and who, at that time, declare their intention of removing there, shall be taken by a commissioner appointed by the President of the United States, and one appointed by the Cherokees east of the Mississippi river.

Art. 4. The contracting parties do also stipulate that the annuity

Annuity, how to be divided between the Cherokees.

due from the United States to the whole Cherokee nation for the year one thousand eight hundred and eighteen, is to be divided between the two parts of the nation in proportion to their numbers, agreeably to the stipulations contained in the third article of this treaty; and to be continued to be divided thereafter in proportion to their numbers; and the lands to be apportioned and surrendered to the United States agreeably to the aforesaid enumeration, as the proportionate part, agreeably to their numbers, to which those who have removed, and who declare their intention to remove, have a just right, including these with the lands ceded in the first and second articles of this treaty.

Art. 5. The United States bind themselves, in exchange for the

The U. S. to give as much land, &c. as they receive from the Cherokees.

lands ceded in the first and second articles hereof, to give to that part of the Cherokee nation on the Arkansas as much land on said river and White river as they have or may hereafter receive from the Cherokee nation east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkansas agreeably to their numbers; which is to commence on the north side of the Arkansas river, at the mouth of Point Remore or Budwell’s Old Place; thence, by a straight line, northwardly, to strike Chataunga mountain, or the hill first above Shield’s Ferry on White river, running up and between said rivers for complement, the banks of which rivers to be the lines; and to have the above line, from the point of beginning to the point on White river, run and marked, which shall be done soon after the ratification of this treaty; and all citizens of the United States, except Mrs. P Lovely, who is to remain where she lives during life, removed from within the bounds as above named. And it is further stipulated, that the treaties

Former treaties in force.

heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation, and both parts thereof entitled to all the immunities and privilege which the old nation enjoyed under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads, within the boundaries above defined.

Art. 6. The United States do also bind themselves to give to all the

Rifle guns, ammunition, &c. as compensation for Cherokee improvements.

poor warriors who may remove to the western side of the Mississippi river, one rifle gun and ammunition, one blanket, and one brass kettle, or, in lieu of the brass kettle, a beaver trap, which is to be considered as a full compensation for the improvements which they may leave; which articles are to be delivered at such point as the President of the United States may direct: and to aid in the removal of the emigrants, they further agree to furnish flat bottomed boats and provisions sufficient for

Full compensation for improvements of real value.

that purpose: and to those emigrants whose improvements add real value to their lands, the United States agree to pay a full valuation for the same, which is to be ascertained by a commissioner appointed by the President of the United States for that purpose, and paid for as soon after the ratification of this treaty as practicable. The boats and provisions promised to the emigrants are to be furnished by the agent on the Tennessee river, at such time and place as the emigrants may notify him of; and it shall be his duty to furnish the same.

Art. 7. And for all improvements which add real value to the lands

Payment for improvements which add real value to ceded lands, &c.

lying within the boundaries ceded to the United States, by the first and second articles of this treaty, the United States do agree to pay for at 159 the time, and to be valued in the same manner, as stipulated in the sixth article of this treaty; or, in lieu thereof, to give in exchange improvements of equal value which the emigrants may leave, and for which they are to receive pay. And it is farther stipulated, that all these improvements, left by the emigrants within the bounds of the Cherokee nation east of the Mississippi river, which add real value to the lands, and for which the United States shall give a consideration, and not so exchanged, shall be rented to the Indians by the agent, year after year, for the benefit of the poor and decrepid of that part of the nation east of the Mississippi river, until surrendered by the nation, or to the nation. And it is further agreed, that the said Cherokee nation shall not be called upon for any part of the consideration paid for said improvements at any future period.

Art. 8. And to each and every head of any Indian family residing

Reservations for heads of Indian fandlies.

on the east side of the Mississippi river, on the lands that are now, or may hereafter be, surrendered to the United States, who may wish to become citizens of the United States, the United States do agree to give a reservation of six hundred and forty acres of land, in a square, to include their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the office of the Cherokee agent, which shall be kept open until the census is taken as stipulated in the third article of this treaty. Provided, That if any of the heads of families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to the United States.And provided further, That the land which may be reserved under this article, be deducted from the amount which has been ceded under the first and second articles of this treaty.

Art. 9. It is also provided by the contracting parties, that nothing in

Free navigation of all the waters, &c.

the foregoing articles shall be construed so as to prevent any of the parties so contracting from the free navigation of all the waters mentioned therein.

Art. 10. The whole of the Cherokee nation do hereby cede to the United

Cession to the U. S. of certain reservations.

States all right, title, and claim, to all reservations made to Doublehead and others, which were reserved to them by a treaty made and entered into at the city of Washington, bearing date the seventh of January, one thousand eight hundred and six.

Art. 11. It is further agreed that the boundary lines of the lands

Boundary lines to be run by commissioners.

ceded to the United States by the first and second articles of this treaty, and the boundary line of the lands ceded by the United States in the fifth article of this treaty, is to be run and marked by a commissioner or commissioners appointed by the President of the United States, who shall be accompanied by such commissioners as the Cherokees may appoint; due notice thereof to be given to the nation.

Art. 12. The United States do also bind themselves to prevent the

U. S. to prevent intruders until the treaty is ratified, &c.

intrusion of any of its citizens within the lands ceded by the first and second articles of this treaty, until the same shall be ratified by the President and Senate of the United States, and duly promulgated.

Art. 13. The contracting parties do also stipulate that this treaty

When to take effect.

shall take effect and be obligatory on the contracting parties so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate of the United States.

160TREATY WITH THE WYANDOTS, ETC. 1817.

In witness of all and every thing herein determined, by and between the before recited contracting parties, we have, in full and open council, at the Cherokee Agency, this eighth day of July, A. D. one thousand eight hundred and seventeen, set our hands and seals.

$\begin{matrix} ANDREW JACKSON, \\ JOSEPH McMINN, \\ D. MERIWETHER, \end{matrix}} \begin{matrix} United States’ \\ Commissioners. \end{matrix}$

Richard Brown,

Cabbin Smith,

Sleeping Rabbit,

George Saunders,

Roman Nose,

Currohe Dick,

John Walker,

George Lowry,

Richard Taylor,

Walter Adair,

James Brown,

Kelachule,

Sour Mush,

Cholioa,

Chickasautchee,

The Bark of Chota,

The Bark of Hightower,

Big Half Breed,

Going Snake,

Leyestisky,

Ch. Hicks,

Young Davis,

Souanooka,

The Locust,

Beaver Carrier,

Dreadful Water,

Chyula,

Ja. Martin,

John McIntosh,

Katchee of Cowee,

White man killer.

Arkansas Chiefs.

Tocchalar, The Glass,

The Glass,

Wassossee,

John Jolly,

The Gourd,

Spring Frog,

John D. Chisholm,

James Rogers,

Warwhatchy,

Attalona,

Kulsuttchee,

Tuskekeetchee,

Chillawgatchee,

John Smith,

Toosawallata.

In presence of J. M. Glassel, secretary to the commission. Thomas Wilson, clerk to the commission. Walter Adair. John Speirs, interpreter. A. McCoy, interpreter. James C. Bronaugh, hospital surgeon U. S. army. Isham Randolph, captain 1st redoubtables. Wm. Meriwether. Return J. Meigs, agent Cherokee nation.

To the Indian names are subjoined a mark and seal.

1817-09-29 Treaty 7 Stat. 160 Made and concluded, at the foot of the Rapids of the Miami of
Sept. 29, 1817.
Proclamation, Jan. 4, 1819.
Supplementary treaty, post, p. 178.
Lake Erie, between Lewis Cass and Duncan McArthur, commissioners of the United States, with full power and authority to hold conferences, and conclude and sign a treaty or treaties with all or any of the tribes or nations of Indians within the boundaries of the state of Ohio, of and concerning all matters interesting to the United States and the said nations of Indians, on the one part; and the sachems, chiefs, and warriors, of the Wyandot, Seneca, Delaware, Shawanese, Potawatomees, Ottavas, and Chippeway, tribes of Indians.

Art. 1. The Wyandot tribe of Indians, in consideration of the stipulations

Cession of lands by the Wyandots.

herein made on the part of the United States, do hereby forever cede to the United States the lands comprehended within the following lines and boundaries: Beginning at a point on the southern shore 161 of lake Erie, where the present Indian boundary line intersects the same, between the mouth of Sandusky bay and the mouth of Portage river; thence, running south with said line, to the line established in the year one thousand seven hundred and ninety-five, by the treaty of Greenville, which runs from the crossing place above fort Lawrence to Loramie’s store; thence, westerly, with the last mentioned line, to the eastern line of the reserve at Loramie’s store; thence, with the lines of said reserve, north and west, to the northwestern corner thereof; thence to the northwestern corner of the reserve on the river St. Mary’s, at the head of the navigable waters thereof; thence, east, to the western bank of the St. Mary’s river aforesaid; thence, down on the western bank of the said river, to the reserve at fort Wayne; thence, with the lines of the last mentioned reserve, easterly and northerly, to the north bank of the river Miami of lake Erie; thence, down on the north bank of the said river, to the western line of the land ceded to the United States by the treaty of Detroit, in the year one thousand eight hundred and seven; thence, with the said line, south, to the middle of said Miami river, opposite the mouth of the Great Auglaize river; thence, down the middle of said Miami river, and easterly with the lines of the tract ceded to the United States by the treaty of Detroit aforesaid, so far that a south line will strike the place of beginning.

Art. 2. The Potawatomy, Ottawas, and Chippeway, tribes of Indians,

Cession of lands by Pottawatimies, Ottawas, and Chippewas.

in consideration of the stipulations herein made on the part of the United States, do hereby forever cede to the United States the land comprehended within the following lines and boundaries: Beginning where the western line of the state of Ohio crosses the river Miami of lake Erie, which is about twenty-one miles above the mouth of the Great Auglaize river; thence, down the middle of the said Miami river, to a point north of the mouth of the Great Auglaize river; thence, with the western line of the land ceded to the United States by the treaty of Detroit, in one thousand eight hundred and seven, north forty-five miles; then, west, so far that a line south will strike the place of beginning; thence, south, to the place of beginning.

Art. 3. The Wyandot, Seneca, Delaware, Shawnee, Potawatomy,

Other tribes accede.

Ottawas, and Chippeway, tribes of Indians accede to the cessions mentioned in the two preceding articles.

Art. 4. In consideration of the cessions and recognitions stipulated

Annual payments to certain tribes.

in the three preceding articles, the United States agree to pay to the Wyandot tribe, annually, forever, the sum of four thousand dollars, in specie, at Upper Sandusky: To the Seneca tribe, annually, forever, the sum of five hundred dollars, in specie, at Lower Sandusky: To the Shawnee tribe, annually, forever, the sum of two thousand dollars, in specie, at Wapaghkonetta: To the Potawatomy tribe, annually, for the term of fifteen years, the sum of one thousand three hundred dollars, in specie, at Detroit: To the Ottawas tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit: To the Chippewa tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit: To the Delaware tribe, in the course of the year one thousand eight hundred and eighteen, the sum of five hundred dollars, in specie, at Wapaghkonetta, but no annuity: And the United States also agree, that all annuities due by

Annuities under former treaties.

any former treaty to the Wyandot, Shawnee, and Delaware tribes, and the annuity due by the treaty of Greenville, to the Ottawas and Chippewas tribes, shall be paid to the said tribes, respectively, in specie.

Art. 5. The schedule hereunto annexed, is to be taken and considered

Schedule a part of the treaty.

as part of this treaty; and the tracts herein stipulated to be granted to the Wyandot, Seneca, and Shawnee, tribes of Indians, are 162 to be granted for the use of the persons mentioned in the said schedule, agreeably to the descriptions, provisions, and limitations, therein contained.

Art. 6.

The United States agree to grant, by patent, in fee simple,

Grants in fee simple to the Wyandots.

to Doanquod, Howoner, Rontondee, Tauyau, Rontayau, Dawatont, Manocue, Tauyaudautauson, and Haudaunwaugh, chiefs of the Wyandot tribe, and their successors in office, chiefs of the said tribe, for the use of the persons and for the purposes mentioned in the annexed schedule, a tract of land twelve miles square, at Upper Sandusky, the centre of which shall be the place where fort Ferree stands; and also a tract of one mile square, to be located where the chiefs direct, on a cranberry swamp, on Broken Sword creek, and to be held for the use of the tribe.

The United States also agree to grant, by patent, in fee simple,

Grant to the Senecas.

to Tabawmadoyaw, captain Harris, Isahownusay, Joseph Tawgyou, captain Smith, Coffee-house, Running About, and Wiping stick, chiefs of the Seneca tribe of Indians, and their successors in office, chiefs of the said tribe, for the use of the persons mentioned in the annexed schedule, a tract of land to contain thirty thousand acres, beginning on the Sandusky river, at the lower corner of the section hereinafter granted to William Spicer; thence, down the said river, on the east side, with the meanders thereof at high water mark, to a point east of the mouth of Wolf creek; thence, and from the beginning, east, so far that a north line will include the quantity of thirty thousand acres aforesaid.

The United States also agree to grant, by patent, in fee simple,

Grant to the Shawnees.

to Catewekesa or Black Hoof, Byaseka or Wolf, Pomthe or Walker, Shemenetoo or Big Snake, Othawakeseka or Yellow Feather, Chakalowah or the Tail’s End, Pemthala or John Perry, Wabepee or White Colour, chiefs of the Shawnees tribe, residing at Wapaghkonetta, and their successors in office, chiefs of the said tribe, residing there, for the use of the persons mentioned in the annexed schedule, a tract of land ten miles square, the centre of which shall be the council-house at Wapaghkonetta.

The United States also agree to grant, by patent, in fee simple,

Grant to the Shawnees on Hog Creek.

to Peeththa or Falling Tree, and to Onowaskosmo or the Resolute Man, chiefs of the Shawnees tribes, residing on Hog Creek, and their successors in office, chiefs of the said tribe, residing there, for the use of the persons mentioned in the annexed schedule, a tract of land containing twenty-five square miles, which is to join the tract granted at Wapaghkonetta, and to include the Shawnees settlement on Hog creek, and to be laid off as nearly as possible in a square form.

The United States also agree to grant, by patent, in fee simple,

Grants to the Shawnees and Senecas at Lewistown.

to Quatawape or Captain Lewis, Shekaghkela or Turtle, Skilowa or Robin, chiefs of the Shawnees tribe of Indians residing at Lewistown, and to Mesomea or Civil John, Wakawuxsheno or the White Man, Oquasheno or Joe, and Willaquasheno or When you are tired sit down, chiefs of the Seneca tribe of Indians residing at Lewistown, and to their successors in office, chiefs of the said Shawnees and Seneca tribes, for the use of the persons mentioned in the annexed schedule, a tract of land to contain forty-eight square miles, to begin at the intersection of the line run by Charles Roberts, in the year one thousand eight hundred and twelve, from the source of the Little Miami river to the source of the Sciota river, in pursuance of instructions from the commissioners appointed on the part of the United States, to establish the western boundary of the Virginia Military Reservation, with the Indian boundary line established by the treaty of Greenville, in one thousand seven hundred and ninety-five, from the crossings above fort Lawrence to Loramie’s store, and to run from such intersection, northerly, with the first 163 mentioned line, and westerly, with the second mentioned line, so as to include the quantity as nearly in a square form as practicable, after excluding the section of land hereinafter granted to Nancy Stewart.

There shall also be reserved for the use of the Ottawas Indians, but

Reservations for the Ottawas.

not granted to them, a tract of land on Blanchard’s fork of the Great Auglaize river, to contain five miles square, the centre of which is to be where the old trace crosses the said fork, and one other tract to contain three miles square, on the Little Auglaize river, to include Oquanoxa’s village.

Art. 7. And the said chiefs or their successors may, at any time they

Power of conveyance in grantees.

may think proper, convey to either of the persons mentioned in the said schedule, or his heirs, the quantity secured thereby to him, or may refuse so to do. But the use of the said land shall be in the said person; and after the share of any person is conveyed by the chiefs to him, he may convey the same to any person whatever. And any one entitled by the said schedule to a portion of the said land, may, at any time, convey the same to any person, by obtaining the approbation of the President of the United States, or of the person appointed by him to give such approbation. And the agent of the United States shall make

Agent to make partition.

an equitable partition of the said share when conveyed.

Art. 8.

At the special request of the said Indians, the United States

Granta to Indian connexions.

agree to grant, by patent, in fee simple, to the persons hereinafter mentioned, all of whom are connected with the said Indians, by blood or adoption, the tracts of land herein described:

To Elizabeth Whitaker, who was taken prisoner by the Wyandots,

E. Whitaker.

and has ever since lived among them, twelve hundred and eighty acres of land, on the west side of the Sandusky river, below Croghansville, to be laid off in a square form, as nearly as the meanders of the said river will admit, and to run an equal distance above and below the house in which the said Elizabeth Whitaker now lives.

To Robert Armstrong, who was taken prisoner by the Indians, and

R. Armstrong.

has ever since lived among them, and has married a Wyandot woman, one section, to contain six hundred and forty acres of land, on the west side of the Sandusky river, to begin at the place called Camp Ball, and to run up the river, with the meanders thereof, one hundred and sixty poles, and, from the beginning, down the river, with the meanders thereof, one hundred and sixty poles, and from the extremity of these lines west for quantity.

To the children of the late William M‘Collock, who was killed in

The children of Wm. M‘Collock.

August, one thousand eight hundred and twelve, near Maugaugon, and who are quarter-blood Wyandot Indians, one section, to contain six hundred and forty acres of land, on the west side of the Sandusky river, adjoining the lower line of the tract hereby granted to Robert Armstrong, and extending in the same manner with and from the said river.

To John Vanmeter, who was taken prisoner by the Wyandots, and

John Vanmeter and his wife’s brothers.

who has ever since lived among them, and has married a Seneca woman, and to his wife’s three brothers, Senecas, who now reside on Honey creek, one thousand acres of land, to begin north, forty-five degrees west, one hundred and forty poles from the house in which the said John Vannueter now lives, and to run thence, south, three hundred and twenty poles, thence, and from the beginning, east for quantity.

To Sarah Williams, Joseph Williams, and Rachel Nugent, late

Sarah and Joseph Williams, and Rachel Nugent.

Rachel Williams, the said Sarah having been taken prisoner by the Indians, and ever since lived among them, and being the widow, and the said Joseph and Rachel being the children, of the late Isaac Williams, a half-blood Wyandot, one quarter section of land, to contain one hundred and sixty acres, on the east side of the Sandusky river, below Croghansville, and to include their improvements at a place called Negro Point.

164

To Catharine Walker, a Wyandot woman, and to John R. Walker,

C. Walker and her son John.

her son, who was wounded in the service of the United States, at the battle of Mauguagon, in one thousand eight hundred and twelve, a section of six hundred and forty acres of land each, to begin at the northwestern corner of the tract hereby granted to John Vanmeter and his wife’s brothers, and to run with the line thereof, south, three hundred and twenty poles, thence, and from the beginning, west for quantity.

To William Spicer, who was taken prisoner by the Indians, and has

Wm. Spicer.

ever since lived among them, and has married a Seneca woman, a section of land, to contain six hundred and forty acres, beginning on the east bank of the Sandusky river, forty poles below the lower corner of said Spicer’s cornfield, thence, up the river on the east side, with the meanders thereof, one mile, thence, and from the beginning, east for quantity.

To Nancy Stewart, daughter of the late Shawnees chief Blue Jacket, one section of land, to contain six hundred and forty acres, on the

Nancy Stewart.

Great Miami river below Lewistown, to include her present improvements, three quarters of the said section to be on the southeast side of the river, and one quarter on the northwest side thereof.

To the children of the late Shawnees chief captain Logan, or Spamagelabe, who fell in the service of the United States during the late

The children of Captain Logan.

war, one section of land, to contain six hundred and forty acres, on the east-side of the Great Auglaize river, adjoining the lower line of the grant of ten miles at Wapaghkonetta and the said river.

To Anthony Shane, a half blood Ottawas Indian, one section of land,

A. Shane.

to contain six hundred and forty acres, on the east side of the river St. Mary’s, and to begin opposite the house in which said Shane now lives, thence, up the river, with the meanders thereof, one hundred and sixty poles, and from the beginning down the river, with the meanders thereof, one hundred and sixty poles, and from the extremity of the said lines east for quantity.

To James M‘Pherson, who was taken prisoner by the Indians, and

J. M‘Pherson.

has ever since lived among them, one section of land, to contain six hundred and forty acres, in a square form, adjoining the northern or western line of the grant of forty-eight miles at Lewistown, at such place as he may think proper to locate the same.

To Horonu, or the Cherokee Boy, a Wyandot chief, a section of land,

The Cherokee Boy.

to contain six hundred and forty acres, on the Sandusky river, to be laid off in a square form, and to include his improvements.

To Alexander D. Godfroy and Richard Godfroy, adopted children of

A. D. and R. Godfroy.

the Potawatomy tribe, and at their special request, one section of land, to contain six hundred and forty acres, in the tract of country herein ceded to the United States by the Potawatomy, Ottawas, and Chippewas, tribes, to be located by them, the said Alexander and Richard, after the said tract shall have been surveyed.

To Sawendebaus, or the Yellow Hair, or Peter Minor, an adopted

Yellow Hair.

son of Tondaganie, or the Dog, and at the special request of the Ottawas, out of the tract reserved by the treaty of Detroit, in one thousand eight hundred and seven, above Roche de Bœuf, at the village of the said Dog, a section of land, to contain six hundred and forty acres, to be located in a square form, on the north side of the Miami, at the Wolf Rapid.

Art. 9.

And The United States engage to appoint an agent; to reside

Agent for the Wyandots, Senecas, and Delawares.

among or near the Wyandots, to aid them in the protection of their persons and property, to manage their intercourse with the government and citizens of the United States, and to discharge the duties which commonly appertain to the office of Indian agent; and the same agent is to execute the same duties for the Senecas and Delawares on the Sandusky river. And an agent for similar purposes, and vested with

Agent for the Shawnees.

similar powers, shall be appointed, to reside among or near the Shaw-165nees, whose agency shall include the reservations at Wapaghkonetta, at Lewistown, at Hog creek, and at Blanchard’s creek. And one mile square shall be reserved at Malake for the use of the agent for the Shawnee.

And the agent for the Wyandots and Senecas shall occupy such land

Agent for the Wyandots and Senecas to occupy land.

in the grant at Upper Sandusky, as may be necessary for him and the persons attached to the agency.

Art. 10. The United States engage to erect a saw-mill and a grist-mill,

Saw-mill, &c. for Indians.

upon some proper part of the Wyandot reservation, for their use, and to provide and maintain a blacksmith, for the use of the Wyandots and Senecas, upon the reservation of the Wyandots, and another blacksmith, for the use of the Indians at Wapaghkonetta, Hog creek, and Lewistown.

Art. 11. The stipulations contained in the treaty of Greenville, relative

Rights of hunting and making sugar.

Ante, p. 49.

to the right of the Indians to hunt upon the land hereby ceded, while it continues the property of the United States, shall apply to this treaty; and the Indians shall, for the same term, enjoy the privilege of making sugar upon the same land, committing no unnecessary waste upon the trees.

Art. 12.

The United States engage to pay, in the course of the year

Payment to Indians for property destroyed during the war with Great Britain.

one thousand eight hundred and eighteen, the amount of the damages which were assessed by the authority of the secretary of war, in favour of several tribes and individuals of the Indians, who adhered to the cause of the United States during the late war with great Britain, and whose property was, in consequence of such adherence, injured or destroyed. And it is agreed, that the sums thus assessed shall be paid in specie, at the places, and to the tribes or individuals, hereinafter mentioned, being in conformity with the said assessment; that is to say:

To the Wyandots, at Upper Sandusky, four thousand three hundred and nineteen dollars and thirty-nine cents.

To the Senecas, at Lower Sandusky, three thousand nine hundred and eighty-nine dollars and twenty-four cents.

To the Indians at Lewis and Scoutashs towns, twelve hundred and twenty-seven dollars and fifty cents.

To the Delawares, for the use of the Indians who suffered losses at Greentown and at Jerome’s town, three thousand nine hundred and fifty-six dollars and fifty cents, to be paid at Wapaghkonetta.

To the representatives of Hembis, a Delaware Indian, three hundred and forty-eight dollars and fifty cents, to be paid at Wapaghkonetta.

To the Shawnee, an additional sum of four hundred and twenty dollars, to be paid at Wapaghkonetta.

To the Senecas, an additional sum of two hundred and nineteen dollars, to be paid at Wapaghkonetta.

Art. 13. And whereas the sum of two thousand five hundred dollars

Payment under treaty of Fort Industry.

Ante, p. 87.

has been paid by the United States to the Shawneee, being one half of five years’ annuities due by the treaty of Fort Industry, and whereas the Wyandots contend that the whole of the annuity secured by that treaty is to be paid to them, and a few persons of the Shawneee and Senecas tribes; now, therefore, the commissioners of the United States, believing that the construction given by the Wyandots to the said treaty is correct, engage that the United States shall pay to the said Wyandot tribe in specie, in the course of the year one thousand eight hundred and eighteen, the said sum of two thousand five hundred dollars.

Art. 14. The United States reserve to the proper authority, the right

Roads, taverns and ferries.

to make roads through any part of the land granted or reserved by this treaty; and also to the different agents, the right of establishing taverns 166 and ferries for the accommodation of travellers, should the same be found necessary.

Art. 15. The tracts of land herein granted to the chiefs, for the use

Grants free from taxes.

of the Wyandot, Shawness, Seneca, and Delaware Indians, and the reserve for the Ottawa Indians, shall not be liable to taxes of any kind so long as such land continues the property of the said Indians.

Art. 16. Some of the Ottawa, Chippewa, and Potawatomy tribes,

Grant for the education of Indian children.

being attached to the Catholick religion, and believing they may wish some of their children hereafter educated, do grant to the rector of the Catholick church of St. Anne of Detroit, for the use of the said church, and to the corporation of the college at Detroit, for the use of the said college, to be retained or sold, as the said rector and corporation may judge expedient, each, one half of three sections of land, to contain six hundred and forty acres, on the river Raisin, at a place called Macon; and three sections of land not yet located, which tracts were reserved, for the use of the said Indians, by the treaty of Detroit, in one thousand eight hundred and seven; and the superintendent of Indian affairs, in the territory of Michigan, is authorized, on the part of the said Indians, to select the said tracts of land.

Art. 17. The United States engage to pay to any of the Indians,

Improvements to be paid for.

the value of any improvements which they may be obliged to abandon in consequence of the lines established by this treaty.

Art. 18. The Delaware tribe of Indians, in consideration of the

Cession by the Delawares.

stipulations herein made on the part of the United States, do hereby forever cede to the United States all the claim which they have to the thirteen sections of land reserved for the use of certain persons of their tribe, by the second section of the act of congress, passed March the third, one thousand eight hundred and seven, providing for the disposal

1807, ch. 49.

of the lands of the United States between the United States’ Military Tract and the Connecticut Reserve, and the lands of the United States between the Cincinnati and Vincennes districts.

Art. 19. The United States agree to grant, by patent, in fee simple,

Grant to James and Silas Armstrong.

to Zeeshawau, or James Armstrong, and to Sanondoyourayquaw, or Silas Armstrong, chiefs of the Delaware Indians, living on the Sandusky waters, and their successors in office, chiefs of the said tribe, for the use of the persons mentioned in the annexed schedule, in the same manner, and subject to the same conditions, provisions, and limitations, as is hereinbefore provided for the lands granted to the Wyandot, Seneca, and Shawness, Indians, a tract of land, to contain nine square miles, to join the tract granted to the Wyandots of twelve miles square, to be laid off as nearly in a square form as practicable, and to include Captain Pipe’s village.

Art. 20. The United States also agree to grant, by patent, to the

Grant to the Ottawas.

chiefs of the Ottavws tribe of Indians, for the use of the said tribe, a tract of land, to contain thirty-four square miles, to be laid out as nearly in a square form as practicable, not interfering with the lines of the tracts reserved by the treaty of Greenville on the south side of the

Ante, p. 49.

Miami river of Lake Erie, and to include Tushquegan, or M‘Carty’s village; which tracts, thus granted, shall be held by the said tribe, upon the usual conditions of Indian reservations, as though no patent were issued.

Art. 21. This treaty shall take effect, and be obligatory on the contracting

Treaty obligatory when ratified.

parties, as soon as the same shall have been ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

167

In testimony whereof, the said Lewis Cass and Duncan M‘Arthur, commissioners as aforesaid, and the sachems, chiefs, and warriors, of the Wyandot, Seneca, Shawnese, Delaware, Potawatoma, Ottaway, and Chippewa, tribes of Indians, have hereunto set their hands, at the foot of the Rapids of the Miami of Lake Erie, this twenty-ninth day of September, in the year of our Lord one thousand eight hundred and seventeen.

LEWIS CASS, DUNCAN McARTHUR.

Chippewas.

Wasonnezo,

Okemance, or the Young Chief,

Shinguax, or Ceder,

Kinobee,

Chinguagin,

Sheginack, or Black Bird,

Mintougaboit, or the Devil Standing,

Wastuau,

Penquam,

Chemokcomon, or American,

Papceumegat,

Matwaash, or Heard Fell Down,

Potaquam,

Pensweguesie, the Jay Bird,

Weabskewen, or the White Man,

Waynoce.

Pattawatimas.

Metea,

Wynema,

Wynemakons, or the Front,

Ocheackabee,

Conge,

Wankeway,

Perish,

Tonguish,

Papekitcha, or Flat Belly,

Medomin, or Corn,

Saguemai, or Musketo,

Waweacee, or Full Moon,

Ninwichemon,

Missenonsai,

Waysagua,

Nannanmee,

Nannansekau,

Meanqueah,

Wawenoke,

Ashenekazo,

Nanemucskuck,

Ashkebee,

Makotai,

Wabinsheway, White Elk,

Gabriel, or Gabiniai,

Waishit,

Naonquay,

Meshawgonay,

Nitchetash,

Skewbicak,

Chochalk, or Crane.

Wyandots.

Dunquad, or Half King,

Runtunde, or War Pole,

Aronue, or Cherokee Boy,

T. Aruntue, or Between the Logs,

D. Wottondt, or Jno. Hicks,

T. Undetaso, or Geo. Punch,

Menonkue, or Thomas,

Undauwa, or Matthews.

Delawares.

Kithtuwheland, or Anderson,

Punchhuck, or Capt. Beaver,

Tahunqeecoppi, or Capt. Pipe,

Clamatoneckis,

Aweallesa, or Whirlwind.

Shawanees.

Cateweekesa, or Black Hoof,

Biaseka, or Wolf,

Pomthe, or Walker,

Shemenetu, or Big Snake,

Chacalowa, or Tail’s End,

Pemthata, or Perry,

Othawakeska, or Yellow Feather,

Wawathethaka, or Capt. Reed,

Tecumtequa,

Quitewe, War Chief,

Cheacksea, or Captain Tom,

Quitawepea, or Captain Lewis.

Senecas.

Methomea, or Civil John,

Sacourewaeghta, or Wiping Stick,

Shekoghkete, or Big Turtle,

Aquasheno, or Joe,

Wakenueeno, White Man,

Samendue, or Captain Sigore,

Skilleway, or Robbin,

Dasquoerunt.

Ottaways.

Tontagimi, or the Dog,

Misquegin, M‘Carty,

Pontiac,

Oquenoxas,

Tashmwa,

Nowkesick,

Wabekeighko,

Kinewaba,

Twaatum,

Supa,

Nashkema,

Kuwashewon,

Kusha.

In presence of Wm. Turner, Secretary to the Commissioners. John Johnston, In-168dian Agent. B. F. Stickney, Indian Agent. W. Knaggs, Indian Agent. G. Godfroy, Indian Agent. R. A. Forsyth, jr. Secretary Indian Department.

Sworn Interpreters.

William Conner, H. W. Walker, Jno. R. Walker, James M‘Pherson, F. Duchouquet, A. Shaw, J. B. Beaugrand, Peter Ryley, Henry I. Hunt, Jos. Vance, Jonathan Leslie, Alvan Coe, John Gunn, C. L. Cass, Lt. U. S. Army.

To the Indian names are subjoined a mark.

Schedule referred to in the foregoing treaty, and to be taken and considered as part thereof.

Three sections, to contain six hundred and forty acres each, are to

Appropriation of part of tho lands granted to the Wyandots.

be reserved out of the tract of twelve miles square to be granted to the Wyandots. One of the said sections is to be appropriated to the use of a missionary, one for the support of schools, and one for the support of mechanics, and to be under the direction of the chiefs. Two sections, of six hundred and forty acres each, are to be granted to each of the following persons, being the chief of the Wyandot tribe, and his six counsellors, namely: Doouquod, or half king; Routoudu, or Warpole; Tauyaurontoyou, or Between the logs; Dawatout, or John Hicks; Manocue, or Thomas; Sauyoudautausaw, or George Ruuh; and Hawdowuwaugh, or Matthews.

And, after deducting the fifteen sections thus to be disposed of, the

Division of the remainder.

residue of the said tract of twelve miles square is to be equally divided among the following persons, namely: Hoocue, Roudootouk, Mahoma, Naatoua, Mautanawto, Maurunquaws, Naynuhanky, Abrm. Williams, sen. Squautaugh, Tauyouranuta, Tahawquevouws, Dasharows, Trayhetou; Hawtooyou, Maydounaytove, Neudooslau, Deecalrautousay, Houtooyemaugh, Datoowawna, Matsaye-aanyourie, James Ranken, Sentumass, Tahautoshowweda, Madudara, Shaudauaye, Shamadeesay, Sommodowot, Moautaau, Nawsottomaugh, Maurawskinquaws, Tawtoolowne, Shawdouyeayourou, Showweno, Dashoree, Sennewdorow, Toayttooraw, Mawskattaugh, Tahawshodeuyea, Haunarawreudee, Shauromou, Tawyaurontoreya, Roumelay, Nadocays, Carryumandutaugh, Bigarms, Madonrawcays, Haurauoot, Syhrundash, Tahorowtsemdee, Roosayn, Dautoresay, Nashawtoomous, Skawduutoutee, Sanorowsha, Nautennee, Youausha, Aumatourow, Ohoutautoon, Tawyougaustayou, Sootonteeree, Dootooau, Hawreewaicudee, Yourahatsa, Towntoreshaw, Syuwewataugh, Cauyou, Omitztseshaw, Gausawaugh, Skashowayssquaw, Mawdovdoo, Narowayshaus, Nawcatay, Isuhowhayeato, Myatosha, Tauoodowma, Youhreo, George Williams, Oharvatoy, Saharossor, Isaac Williams, Squindatee, Mayeatohot, Lewis Coon, Isatouque or John Coon, Tawaumanocay or E. Wright, Owawtatuu, Isontraudee, Tomatsahoss, Sarrahoss, Tauyoureehoryeow, Saudotoss, Toworordu or Big Ears, Tauomatsarau, Tahoroudoyou or Two, Daureehau, Dauoreenu, Trautohauweetough, Yourowquains or the widow of the Crane, Caunaytoma, Hottomorrow, Taweesho, Dauquausay, Toumon, Hoogaudoorow, Newdetoutow, Dawhowhouk, Daushouteehawk, Sawaronuis, Norrorow, Tawwass, Tawareroons, Neshaustay, Toharratough, Taurowtotucawaa, Youshindauyato, Tauosanays, Sadowerrais, Isanowtowtouk or Fox Widow, Sauratoudo or William Zane, Hayanoise or Ebenezer Zane, Maweasharrow or widow M‘Cullock, Susannah, Teshawtaugh, Bawews, Tamatuarank, Razor, Rahisaus, Cudeetore, Shawnetaurew, Tatrarow, Cuqua, Yourowon, Sauyounaoskra, Tanorawayout, Howcuquawdorow, Gooyeamee, Dautsaqua, Maudamu, Sanoreeshoc, Haulceyeatausay, Gearoohee, Matoskrawtouk, Dawweeshoe, Sawyoura-169wot, Nacudseoranauaurayk, Youronurays, Scottish, Serroymuch, Hoondeshotch, Ishuskeah, Dusharraw, Ondewaus, Duyewtale, Roueyoutacolo, Hoonorowyoutacob, Hownorowduro, Nawanaunonelo, Tolhomanona, Chiyamik, Tyyeakwheunohale, Aushewhowole, Schowondashres, Mondushawquaw, Tayoudrakele, Giveriahes, Sootreeshuskoh, Suyouturaw, Tiudee, Tahorroshoquaw, Irahkasquaw, Ishoreameusuwat, Curoweyottell, Noriyettete, Siyarech, Testeatete.

The thirty thousand acres for the Senecas upon the Sandusky river,

Division of the lands granted to the Senecas.

is to be equally divided among the following persons, namely: Syuwasautau, Nawwene, Joseph, Iseumetaugh or Picking up a club, Orawhaotodie or Turn over, Saudaurous or Split the river, Tahowtoorains or Jo Smee, Ispomduare Yellow-bay, Dashowrowramou or Drifting sand, Hauautounasquas, Hamyautuhow, Tahocayn, Howdautauyeao or King George, Standing Bones, Cyahaga or Fisher, Suthemoore, Red Skin, Mentauteehoore, Hyanashraman or Knife in his hand, Running About, John Smith, Carrying the Basket, Cauwauay or Striking, Rewauyeato or Carrying the news, Half up the Hill, Trowyoudoys or G. Hunter, Spike Buck, Caugcoshow or Clearing up, Mark on his Hip, Captain Hams, Isetaune or Crying often, Taunerowyea or Two companies, Haudonwauays or Stripping the river, Isohauhasay or Tall chief, Tahowumandoyou, Howyouway or Paddling, Clouding up, Youwautowtoyou or Burnt his body, Shetouyouwee or Sweet foot, Tauhaugainstoany or Holding his hand about, Oharrawtodee or Turning over, Haucaumarout, Sarrowsauismatare or Striking sword, Sadudeto, Oshoutoy or Burning berry, Hard Hickery, Curetscetau, Youronocay or Isaac, Youtradowwoulee, Newtauyaro, Tayouonte or Old foot, Tauosanetee, Syunout or Give it to her, Doonstough or hunch on his forehead, Tyaudusout or Joshua Hendricks, Taushaushaurow or Cross the arms, Henry, Youwaydauyea or the Island, Armstrong, Shake the Ground, His Neck Down, Youheno, Towotoyoudo or Looking at her, Captain Smith, Tobacco, Standing Stone, Ronunaise or Wiping stick, Tarsduhatse or Large bones, Hamanchagave, House Fly or Maggot, Roudouma or Sap running, Big Belt, Cat Bone, Sammy, Taongauats or Round the point, Ramuye or Hold the sky, Mentoududu, Hownotant, Slippery nose, Tauslowquowsay or Twenty wives, Hoogaurow or Mad man, Coffee-house, Long Hair.

The tract of ten miles square at Wapaghkonetta is to be equally

Division of the tract at Wapaghkonetta.

divided among the following persons, namely: The Black Hoof, Pomthe or Walker, Piaseka or Wolf, Shemenutu or Snake, Othawakeseka or Yellow feather, Peuethata or Perry, Chacalaway or the End of the tail, Quitawee or War chief, Sachachewa, Waseweela, Waseweela or Bright horn, Othawsa or Yellow, Tepetosoka, Caneshemo, Newabetucka, Cawawescucka, Thokutchema, Setakosheka, Topee or James Saunders, Meshenewa, Tatiape, Pokechaw, Alawaymotakah, Lalloway or Perry, Wabemee, Nemekoshe, Nenepomeshequa or Cornstalk, Sheshe, Shawabahke, Naneskaka, Thakoska or David M‘Nair, Skapakake, Shapoquata, Peapakseka, Quaghquona, Quotowame, Nitaskeka, Thakaska or Spy buck, Pekathchseka, Tewaskoota or James Blue Jacket, Calawesa, Quaho, Kaketchheka or W. Perry, Swapee, Peektoo or Davy Baker, Skokapowa or George M‘Dougall, Chepakosa, Shemay or Sam, Chiakoska or Captain Tom, General Wayne, Thaway, Othawee, Weeasesaka or Captain Reed, Lewaytaka, Tegoshea or George, Skekacumsheka, Westeshemo, Mawenatcheka, Quashke, Thaswa, Baptieste, Waywalapee, Peshequkame, Chakalakee or Tom, Keywaypee, Egotacumshequa, Wabepee, Aquashequa, Pemotah, Nepaho, Takepee, Toposheka, Lathawanomo, Sowaghkota or Yellow clouds, Meenkesheka, Asheseka, Ochipway, Thapaeka, Chakata, Nakacheka, Thathouakata, Paytokothe, Palaske, Shesheloo, Quanaqua, Kalkoo, Toghshena, Capowa, Ethowakosee, Quaquesha, Capea, Thakatcheway, The man going 170 up hill, Magotha, Tecumtequa, Setepakothe, Kekentha, Shiatwa, Shiabwasson, Koghkela, Akopee or a Heep of any thing, Lamatothe, Kesha, Pankoor, Peitehthator or Peter, Metchepelah, Capeah, Showagame, Wawaleepesheeka, Meewensheka, Nanemepahtoo or Trotter, Pamitchepetoo, Chalequa, Tetetee, Lesheshe, Nawabasheka or white feather, Skepakeskeshe, Tenakee, Shemaka, Pasheto, Thiatcheto, Metchemetche, Chacowa, Lawathska, Potchetee or the Man without a tail, Awabaneshekaw, Patacoma, Lamakesheka, Papashow, Weathaksheka, Pewaypee, Totah, Canaqua, Skepakutcheka, Welviesa, Kitahoe, Neentakoshe, Oshaishe, Chilosee, Quilaisha, Mawethaque, Akepee, Quelenee. The

Division of the tract at Hog Creek.

tract of five miles square, at Hog creek, is to be equally divided among the following persons, namely: Peeththa, Onowashim, Pematheywa, Wabekesheke, Leeso, Pohcaywese, Shemagauashe, Nehquakahucka, Papaskootepa, Meamepetoo, Welawenaka, Petiska, Ketuckepe, Lawitchetee, Epaumee, Chanacke, Jose, Lanawytucka, Shawaynaka, Wawatashewa, Ketatsosa, Shashekopeah, Lakose, Quinaska.

The tract of forty-eight square miles, including Lewistown, is to be

Division of the tract including Lewistown.

equally divided among the following persons, namely: Shawnoese—Colonel Lewis, Polly Kizer, Theuetessepuah or Weed, Calossete, Vamauweke, Waucumsee, Skitlewa, Nayabepe, Wosheta, Nopamago, Willesque, Salock, Walathe, Silversmith, Siatha, Toseluo, Jemmy M‘Donald, Jackson, Mohawk Thomas, Silverheels, John, Wewachee, Cassie, Atshena, Frenchman, Squesenau, Goohunt, Manwealte, Walisee, Billy, Thawwamee, Wopsquitty, Naywale, Big Turtle, Nolawat, Nawalippa, Razor, Blue, Tick, Nerer, Falling Star, Hale Clock, Hisoscock, Essquaseeto, Geore, Nuussome, Sauhanoe, Joseph, Scotowe, Battease, Crow, Shilling, Scotta, Nowpour, Nameawah, Quemauto, Snife, Captain, Taudeteso, Sonrise, Sowget, Deshau, Lettle Lewis, Jacquis, Tonaout, Swaunacou, General, Cusaboll, Bald, Crooked Stick, Wespata, Newasa, Garter, Porcupine, Pocaloche, Wocheque, Sawquaha, Enata, Panther, Colesetos, Joe. Senecas—Civil John, Wild Duck, Tall Man, Molasses, Ash, Nahanexa, Tasauk, Agusquenah, Roughleg, Quequesaw, Playful, Hairlip, Sieutinque, Hillnepewayatuska, Tauhunsequa, Nynoah, Suchusque, Leemutque, Treuse, Sequate, Caumecus, Scowneti, Tocondusque, Conhowdatwaw, Cowista, Nequatren, Cowhousted, Gillwas, Axtaea, Conawwehow, Sutteasee, Kiahoot, Crane, Silver, Bysaw, Crayfiste, Woollyhead, Conundahaw, Shacosaw, Coindos, Hutchequa, Nayau, Connodose, Coneseta, Nesluauta, Owl, Couauka, Cocheco, Couewash, Sinnecowacheckowe or Leek.

The tract of three miles square for the Delaware Indians, adjoining

Division of the tract for the Delawares.

the tract of twelve miles square upon the Sandusky river, is to be equally divided among the following persons, namely: Captain Pipe, Zeshauau or James Armstrong, Mahawtoo or John Armstrong, Sanowdoyeasquaw or Silas Armstrong, Teorow or Black Raccoon, Hawdorowwatistie or Billy Montour, Buck Wheat, William Dondee, Thomas Lyons, Johnny Cake, Captain Wolf, Isaac Hill, John Hill, Tishatahoones or widow Armstrong, Ayenucere, Hoomaurow or John Ming, Youdorast.

$\begin{matrix} LEWIS CASS, \\ DUNCAN McARTHUR, \end{matrix}} \begin{matrix} Commissioners. \end{matrix}$

1818-01-22 Treaty 7 Stat. 171 A TREATY OF LIMITS Between the United States and the Creek nation of Indians, made
Jan. 22, 1818.
Proclamation, March 28, 1818.
and concluded at the Creek Agency, on Flint river, the twenty-second day of January, in the year of our Lord one thousand eight hundred and eighteen.

James Monroe, President of the United States of America, by David Brydie Mitchell, of the state of Georgia, agent of Indian affairs for the Creek nation, and sole commissioner, specially appointed for that purpose, on the one part, and the undersigned kings, chiefs, head men, and warriors, of the Creek nation, in council assembled, on behalf of the said nation, of the other part, have entered into the following articles and conditions, viz:

Art. 1. The said kings, chiefs, head men, and warriors, do hereby

The Creeks cede two tracts of land to U. S.

agree, in consideration of certain sums of money to be paid to the said Creek nation, by the government of the United States, as hereinafter stipulated, to cede and forever quit claim, [and do, in behalf of their said nation, hereby cede, relinquish, and forever quit claim,] unto the United States, all right, title, and interest, which the said nation have, or claim, in or unto, the two following tracts of land, situate, lying, and being, within the following bounds; that is to say: 1st. Beginning

Bounds of the first tract.

at the mouth of Goose Creek, on the Alatamahau river, thence, along the line leading to the Mounts, at the head of St. Mary’s river, to the point where it is intersected by the line run by the commissioners of the United States under the treaty of Fort Jackson, thence, along the said last-mentioned line, to a point where a line, leaving the same, shall run the nearest and a direct course, by the head of a creek called by the Indians Alcasalekie, to the Ocmulgee river; thence, down the said Ocmulgee river, to its junction with the Oconee, the two rivers there forming the Alatamahau; thence, down the Alatamahau, to the first-mentioned bounds, at the mouth of Goose creek. 2d. Beginning at the high shoals of the Appalachiee river, and from

Second tract.

thence, along the line designated by the treaty made at the city of Washington, on the fourteenth day of November, one thousand eight hundred and fifteen, to the Ulcofouhatchie, it being the first large branch, or fork, of the Ocmulgee, above the Seven Islands; thence, up the eastern bank of the Ulcofouhatchie, by the water’s edge, to where the path, leading from the high shoals of the Appalachie to the shallow ford on the Chatahochie, crosses the same; and, from thence, along the said path, to the shallow ford on the Chatahochie river; thence, up the Chatahochie river, by the water’s edge, on the eastern side, to Suwannee old town; thence, by a direct line, to the head of Appalachie; and thence, down the same, to the first-mentioned bounds at the high shoals of Appalachie.

Art. 2. It is hereby stipulated and agreed, on the part of the United

Payment for said cession.

States, as a full consideration for the two tracts of land ceded by the Creek nation in the preceding article, that there shall be paid to the Creek nation by the United States, within the present year, the sum of twenty thousand dollars, and ten thousand dollars shall be paid annually for the term of ten succeeding years, without interest; making, in the whole, eleven payments in the course of eleven years, the present year inclusive; and the whole sum to be paid, one hundred and twenty thousand dollars.

171TREATY WITH THE GRAND PAWNEES. 1818.172

Art. 3. And it is hereby further agreed, on the part of the United

Two blacksmiths and strikers to be furnished.

States, that, in lieu of all former stipulations relating to blacksmiths, they will furnish the Creek nation for three years with two blacksmiths and strikers.

Art. 4. The President may cause any line to be run which may be

Line to be run by U. S.

necessary to designate the boundary of any part of both, or either, of the tracts of land ceded by this treaty, at such time, and in such manner, as he may deem proper. And this treaty shall be obligatory on the

Treaty to be obligatory when ratified.

contracting parties as soon as the same shall be ratified by the government of the United States.

Done at the place, and on the day and year, before written.

D. B. MITCHELL.

Tustunnugee Thlucco,

Tustunnugee Hopoie,

William M‘Intosh,

Tuskenchaw,

Hopoie Haojo,

Cotchau Haujo,

Inthlanis Haujo,

Cowetau Micco,

Cusselau Micco,

Eufaulau Micco,

Hopoethle Haujo,

Hopoie Hatkee,

Yoholo Micco,

Tustunnugee,

Fetuske Henehau,

Yauhau Haujo,

Tuskeegee Emautla,

Tustunnugee Hoithleloea.

Present, D. Brearly, col. 7th inf. Wm. S. Mitchell, ast. agent, I. A. C. N. M. Johnson, lt. corps of artillery. St. Hawkins, George [G. L.] Lovett, Interpreters.

To the Indian names is subjoined a mark.

1818-06-18 Treaty 7 Stat. 172 A TREATY OF PEACE AND FRIENDSHIP Made and concluded by, and between, William Clark and Auguste
June 18, 1818.
Proclamation, Jan. 7, 1819.
Chouteau, Commissioners of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned chiefs and warriors of the Grand Pawnee tribe, on the part and behalf of their said tribe, of the other part.

The parties, being desirous of establishing peace and friendship between the United States and the said tribe, have agreed to the following articles:

Art. 1. Every injury, or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America, and all the individuals composing the said Grand Pawnee tribe.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and warriors, for themselves and the

Violators of this treaty to be delivered up, &c.

tribe they represent, do moreover promise and oblige themselves to deliver up, or cause to be delivered up, to the authority of the United States, (to be punished according to law,) each and every individual of 173TREATY WITH THE NOISY PAWNEES. 1818. the said tribe, who shall, at any time hereafter, violate the stipulations of the treaty this day concluded between the said tribe and the said United States.

In witness whereof the said William Clark and Auguste Chouteau, commissioners as aforesaid, and the said chiefs and warriors as aforesaid, have hereunto subscribed their names and affixed their seals, this eighteenth day of June, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-second.

WM. CLARK, AUG. CHOUTEAU.

Teratucwit, the Bald Eagle,

Taheerish, the Soldier,

Petaperishte, Who wants to go to War,

Talawehouree, the Follower,

Tarraricarrawaa, the Grand Chief Big Hair,

Shinggacahega,

Aiuwechouoneweeka, Chief of the Birds,

Islaeapee,

Settulushaa, the Knife Chief,

Shakororishshara, Chief of the Sun,

Tarraecarwaa, the Wild Cat,

Tarrarevetiishta, the Round Shield,

Arorishharo, the Warrior,

Telawaheartearookot, the Fighter,

Kagakareeouk, the Crow’s Eye,

Latatorishhara, the Chief of the Shield.

Done at St. Louis, in the presence of R. Wash, Secretary to the Commission. R. Paul, Col. M. M. Jno. O. Fallon, Capt. R. R. Jno. Roland, Sub Agent and Trans. &c. A. L. Papin, Interpreter. Wm. Grayson. I. T. Honore, Interpreter. Stephen Julian, U. S. Interpreter. Josiah Ramsey. Jh. Robedout.

To the Indian names are subjoined a mark and seal.

1818-06-19 Treaty 7 Stat. 173 Made and concluded by, and between, William Clark and Auguste
June 19, 1818.
Proclamation, Jan. 7, 1819.
Chouteau, Commissioners of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned, chiefs and warriors of the Pitavirate Noisy Pawnee tribe, on the part and behalf of their said tribe, of the other part.

The parties, being desirous of establishing peace and friendship between the United States and the said tribe, have agreed to the following articles:

Art. 1. Every injury or act of hostility by one or either of the contracting

Injuries, &c. forgiven.

parties, against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America, and all the individuals composing the said Noisy Pawnee tribe.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and warriors, for themselves and the

Violators of this treaty to be delivered up, &c.

tribe they represent, do moreover promise and oblige themselves to deliver up, or cause to be delivered up, to the authority of the United 174TREATY WITH THE PAWNEE REPUBLIC. 1818. States, (to be punished according to law,) each and every individual of the said tribe, who shall, at any time hereafter, violate the stipulations of the treaty this day concluded between the said Noisy Pawnee tribe and the said States.

In witness whereof the said William Clark and Auguste Chouteau, commissioners as aforesaid, and the chiefs and warriors aforesaid, have hereunto subscribed their names, and affixed their seals, this nineteenth day of June, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-second.

WM. CLARK, AUG. CHOUTEAU.

Taretuushta, the First in War,

Charuvaru, the Great Chief,

Skalavalccharo, the only Grand Chief,

Panukuhike, the Chief Man,

Islitalaveeirou, the Discoverer,

Taarakarukaishta, the Handsome Bird,

Lecoutswaroushtu, the Buffaloe Doctor,

Tacacatahekou, the Running Wolf,

Kewatookoush, the Little Fox.

Done at St. Louis, in the presence of R. Wash, Secretary to the Commission. R. Paul, Col. M. M. C. Interpreter. R. Graham, I. Agent Illinois Territory. Jno. O. Fallon, Capt. R. Regt. Jno. Ruland, S. Agent, Trans. &c. A. L. Papin, Interpreter Inds. I. T. Honore, Id. Interpreter. S. Julian, U. S. Ind. Interpreter. Josiah Ramsey. Wm. Grayson. Jno. Robedout.

To the Indian names are subjoined a mark and seal.

1818-06-20 Treaty 7 Stat. 174 Made and concluded by, and between, William Clark and Auguste
June 20, 1818.
Proclamation, Jan. 7, 1819.
Chouteau, Commissioners of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned, chiefs and warriors of the Pawnee Republic, on the part and behalf of their tribe, of the other part.

The parties, being desirous of establishing peace and friendship between the United States and the said tribe, have agreed to the following articles:

Art. 1. Every injury or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties, against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America, and all the individuals composing the said Pawnee tribe.

Art. 3. The undersigned, chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and warriors, for themselves and the

Violators of this treaty to be delivered up, &c.

tribe they represent, do moreover promise and oblige themselves to deliver up, or to cause to be delivered up, to the authority of the United States, (to be punished according to law,) each and every individual of the said tribe who shall, at any time hereafter, violate the stipulations of the treaty this day concluded between the said Pawnee Republic and the said States.

175TREATY WITH THE PAWNEE MARHARS. 1818.

In witness whereof the said William Clark and Auguste Chouteau, commissioners as aforesaid, and the chiefs and warriors aforesaid, have hereunto subscribed their names and affixed their seals, this twentieth day of June, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States the forty-second.

WM. CLARK, AUG. CHOUTEAU.

Petaheick, the Good Chief,

Raruleshare, the Chief Man,

Sheruakitare, the First in the War Party,

Sheterahiate, the Paritzan Discoverer,

Teurekatcaush, the Brave,

Pa, or the Elk,

Tetawiouche, Wearer of shoes.

Done at St. Louis, in the presence of R. Wash, Secretary to the Commission. R. Paul, Col. M. M. C. Interpreter. R. Graham, I. A. Ill. Ter. Jno. O. Fallon, Capt. R. Regt. Jno. Ruland, Sub Agt. Transl’r. &c. A. L. Papin, Interpreter. I. T. Honore, Id. Interpreter. S. Julian, U. S. Id. Interpreter. Wm. Grayson. Josiah Ramsey. Jno. Robedout.

To the Indian names are subjoined a mark and seal.

1818-06-22 Treaty 7 Stat. 175 Made and concluded by, and between, William Clark and Auguste
June 22, 1818.
Proclamation, Jan. 5, 1819.
Chouteau, Commissioners of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned, chiefs and warriors of the Pawnee Marhar tribe, on the part and behalf of their said tribe, of the other part.

The parties, being desirous of establishing peace and friendship between the United States and the said tribe, have agreed to the following articles:

Art. 1. Every injury or act of hostility, by one or either of the

Injuries, &c. forgiven.

contracting parties, against the other, shall be mutually forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all

Perpetual peace and friendship.

the citizens of the United States of America, and all the individuals composing the said Pawnee tribe.

Art. 3. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other nation, power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and warriors, for themselves and the

Violators of this treaty to be delivered up, &c.

tribe they represent, do moreover promise and oblige themselves to deliver up, or to cause to be delivered up, to the authority of the United States, (to be punished according to law,) each and every individual of the said tribe, who shall, at any time hereafter, violate the stipulations of the treaty this day concluded between the said Pawnee Marhar tribe and the said States.

In witness whereof the said William Clark and Auguste Chouteau, commissioners as aforesaid, and the chiefs and warriors aforesaid, 176TREATY WITH THE QUAPAWS. 1818. have hereunto subscribed their names and affixed their seals, this twenty-second day of June, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-second.

WM. CLARK, AUG. CHOUTEAU.

Tarahautacaw, White Bull,

Tearilari Sacki, Red Hawk,

Kakaletahaw, the Crow of other Nations,

Larapa Kouch, the Soldier,

Tahorou, the Gun Flint,

Letireeshar, the Knife Chief,

Tearacheticktickspa, the Peace Maker,

Teakahore, the Divider of the Party,

Lahehorashea, the Presence Striker,

Tarara, the Scalp Bearer,

Teripakou, the First of Soldiers,

Irarikau, the White Cow.

Done at St. Louis, in the presence of R. Wash, Secretary to the Commission. R. Graham, I. A. Illinois Territory. Jno. O. Fallon, Captain Rifle Regiment. R. Paul, Colonel M. M. C. Interpreter. Jno. Ruland, Sub Agent, Trans’r, &c. A. L. Papin, Interpreter. I. T. Honore, Indian Interpreter. I. Julian, U. S. Indian Interpreter. Wm. Grayson. Josiah Ramsey. Jno. Robedout.

To the Indian names are subjoined a mark and seal.

1818-08-24 Treaty 7 Stat. 176 A TREATY OF FRIENDSHIP, CESSION, AND LIMITS, Made and entered into, this twenty-fourth day of August, eighteen
Aug. 24, 1818.
Proclamation, Jan. 5, 1818.
hundred and eighteen, by, and between, William Clark and Auguste Chouteau, Commissioners on the part and behalf of the United States, of the one part, and the undersigned, chiefs and warriors of the Quapaw tribe or nation, on the part and behalf of their said tribe or nation, of the other part.

Art. 1. The undersigned chiefs and warriors, for themselves and

Protection of U. S. acknowledged.

their said tribe or nation, do hereby acknowledge themselves to be under the protection of the United States, and of no other state, power, or sovereignty, whatsoever.

Art. 2. The undersigned chiefs and warriors, for themselves and

Cession of lands.

their said tribe or nation, do hereby, for, and in consideration of, the promises and stipulations hereinafter named, cede and relinquish to the United States, forever, all the lands within the following boundaries, viz: Beginning at the mouth of the Arkansas river; thence, extending up the Arkansas, to the Canadian fork, and up the Canadian fork to its source; thence south, to Big Red river, and down the middle of that river, to the Big Raft; thence, a direct line, so as to strike the Mississippi river, thirty leagues in a straight line, below the mouth of Arkansas; together with all their claims to land east of the Mississippi, and north of the Arkansas, river, included within the coloured lines 1, 2, and 3, on the above map,*(* A map accompanies the original treaty.)

Reservation.

with the exception and reservation following, that is to say: the tract of country bounded as follows: Beginning at a point on the Arkansas river, opposite the present post of Arkansas, and running thence, a due southwest course, to the Washita river; thence, up that river, to the Saline fork; and up the Saline fork to a point, from whence a due north course would strike the Arkansas river at the Little Rock; and thence, down the right bank of the Arkansas, to the place of beginning: which said tract of land, last above designated and reserved, shall be surveyed and marked off, at the ex-177pense of the United States, as soon as the same can be done with convenience, and shall not be sold or disposed of, by the said Quapaw tribe or nation, to any individual whatever, nor to any state or nation, without the approbation of the United States first had and obtained.

Art. 3. It is agreed, between the United States and the said tribe

The Quapaws may hunt in the ceded territory, until, &c.

or nation, that the individuals of the said tribe or nation shall be at liberty to hunt within the territory by them ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury or annoyance to any of the citizens of the United States, and until the said United States may think proper to assign the same, or any portion thereof, as hunting grounds to other friendly Indians.

Art. 4. No citizen of the United States, or any other person, shall

No persons to settle on lands reserved.

be permitted to settle on any of the lands hereby allotted to, and reserved for, the said Quapaw tribe or nation, to live and hunt on; yet it is expressly understood and agreed on, by, and between, the parties aforesaid, that, at all times, the citizens of the United States shall have the right to travel and pass freely, without toll or exaction, through the Quapaw reservation, by such roads or routes as now are, or hereafter may be, established.

Art. 5. In consideration of the cession and stipulations aforesaid, the

Payment in goods for lands ceded.

United States do hereby promise and bind themselves to pay and deliver to the said Quapaw tribe or nation, immediately upon the execution of this treaty, goods and merchandize to the value of four thousand dollars, and to deliver, or cause to be delivered, to them, yearly, and every year, goods and merchandize to the value of one thousand dollars, to be estimated in the city or place, in the United States, where the same are procured or purchased.

Art. 6. Least the friendship which now exists between the United

No private revenge for injuries by individuals.

States and the said tribe or nation, should be interrupted by the misconduct of individuals, it is hereby agreed, that, for injuries done by individuals, no private revenge or retaliation shall take place; but, instead thereof, complaints shall be made by the party injured, to the other; by the tribe or nation aforesaid, to the governor, superintendent of Indian affairs, or some other person authorized and appointed for that purpose; and by the governor, superintendent, or other person authorized, to the chiefs of the said tribe or nation. And it shall be the duty of the said

Offenders to be delivered up for punishment.

tribe or nation, upon complaint being made, as aforesaid, to deliver up the person or persons, against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the state or territory where the offence may have been committed; and, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians, belonging to the said tribe or nation, the person or persons so offending shall be tried, and, if found guilty, punished in like manner as if the injury had been done to a white man. And it is

Recovery of stolen property.

further agreed, that the chiefs of the said tribe or nation shall, to the utmost of their power, exert themselves to recover horses, or other property, which may be stolen from any citizen or citizens of the United States, by any individual or individuals of the said tribe or nation; and the property so recovered, shall be forthwith delivered to the governor, superintendent, or other person authorized to receive the same, that it may be restored to the proper owner. And in cases where the exertions

Deduction for property stolen to be made from annuity.

of the chiefs shall be ineffectual in recovering the property stolen, as aforesaid, if sufficient proof can be obtained that such property was actually stolen by an Indian or Indians, belonging to the said tribe or nation, a sum, equal to the value of the property which has been stolen, may be deducted, by the United States, from the annuity of said tribe 178TREATY WITH THE WYANDOTS, ETC. 1818. or nation. And the United States hereby guaranty to the individuals

Indemnification for property stolen from Indians by citizens.

of the said tribe or nation, a full indemnification for any horse or horses, or other property, which may be taken from them by any of their citizens: Provided, the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen or citizens of the United States.

Art. 7. This treaty shall take effect, and be obligatory on the contracting

Treaty obligatory when ratified.

parties, as soon as the same shall have been ratified by the President of the United States, by and with the advice and consent of the Senate.

WM. CLARK, AUG. CHOUTEAU.

Hrakaton, or the Dry Man,

Hradapaa, or the Eagle’s Bill,

Mahraka, or Buck Wheat,

Honkadagni,

Wagonkedatton,

Hradaskamonmini, or the Pipe Bird,

Patongdi, or the Approaching Summer,

Tehonka, or the Tame Buffaloe,

Hamoumini, or the Night Walker,

Washingteteton, or Mocking Bird’s Bill,

Hontikani,

Tataonsa, or the Whistling Wind,

Mozatete.

Done at St. Louis, in the presence of R. Wash, Secretary to the Commission. R. Paul, Col. M. M. C. I. Jn. Roland, Sub Agent, &c. R. Graham, Indian Agent. M. Lewis Clark. L. T. Honore, Indian Interpreter. Joseph Bonne, Interpreter. Julius Pescay. Stephen Julian, U. S. Indian Interpreter. James Loper. William P. Clark.

To the Indian names are subjoined a mark and seal.

1818-09-17 Treaty 7 Stat. 178 ARTICLES OF A TREATY Made and concluded, at St. Mary’s, in the state of Ohio, between
Sept. 17, 1818.
Proclamation, Jan. 4, 1819.
Lewis Cass and Duncan McArthur, commissioners of the United States, with full power and authority to hold conferences, and conclude and sign a treaty or treaties, with all or any of the tribes or nations of Indians within the boundaries of the state of Ohio, of and concerning all matters interesting to the United States and the said nations of Indians, and the sachems, chiefs, and warriors, of the Wyandot, Seneca, Shawnese, and Ottawas, tribes of Indians; being supplementary to the treaty made and
Ante, p. 160.
concluded with the said tribes, and the Delaware, Potawatamie and Chippewa, tribes of Indians, at the foot of the Rapids of the Miami of Lake Erie, on the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and seventeen.

Art. 1. It is agreed, between the United States and the parties hereunto,

The grants in the treaty of 29th Sept. 1817, to be considered only as reservations for the use of the Indians.

that the several tracts of land, described in the treaty to which this is supplementary, and agreed thereby to be granted by the United States to the chiefs of the respective tribes named therein, for the use of the individuals of the said tribes, and also the tract described in the twentieth article of the said treaty, shall not be thus granted, but shall be excepted from the cession made by the said tribes to the United States, reserved for the use of the said Indians, and held by them in the same manner as Indian reservations have been heretofore held. But [it] is further agreed, that the tracts thus reserved shall be reserved for the 179 use of the Indians named in the schedule to the said treaty, and held by them and their heirs forever, unless ceded to the United States.

Art. 2.

It is also agreed that there shall be reserved for the use of

Additional reservation for the Wyandots.

the Wyandots, in addition to the reservations before made, fifty-five thousand six hundred and eighty acres of land, to be laid off in two tracts, the first to adjoin the south line of the section of six hundred and forty acres of land heretofore reserved for the Wyandot chief, the Cherokee Boy, and to extend south to the north line of the reserve of twelve miles square, at Upper Sandusky, and the other to adjoin the east line of the reserve of twelve miles square, at Upper Sandusky, and to extend east for quantity.

There shall also be reserved, for the use of the Wyandots residing at

Reservation for Wyandots at Solomon’s town, &c.

Solomon’s town, and on Blanchard’s fork, in addition to the reservations before made, sixteen thousand acres of land, to be laid off in a square form, on the head of Blanchard’s fork, the centre of which shall be at the Big Spring, on the trace leading from Upper Sandusky to fort Findlay; and one hundred and sixty acres of land, for the use of the Wyandots, on the west side of the Sandusky river, adjoining the said

1824, ch. 194

river, and the lower line of two sections of land, agreed, by the treaty to which this is supplementary, to be granted to Elizabeth Whitaker.

There shall also be reserved, for the use of the Shawnese, in addition

Additional reservation for the Shawnees and Senecas.

to the reservations before made, twelve thousand eight hundred acres of land, to be laid off adjoining the east line of their reserve of ten miles square, at Wapaughkonetta; and for the use of the Shawnees and Senecas, eight thousand nine hundred and sixty acres of land, to be laid off adjoining the west line of the reserve of forty-eight square miles at Lewistown. And the last reserve hereby made, and the former reserve at the same place, shall be equally divided by an east and west line, to be drawn through the same. And the north half of the said tract shall be reserved for the use of the Senecas who reside there, and the south half for the use of the Shawnees who reside there.

There shall also be reserved for the use of the Senecas, in addition

Further reservation for the Senecas.

to the reservations before made, ten thousand acres of land, to be laid off on the east side of the Sandusky river, adjoining the south line of their reservation of thirty thousand acres of land, which begins on the Sandusky river, at the lower corner of William Spicer’s section, and excluding therefrom the said William Spicer’s section.

Art. 3. It is hereby agreed that the tracts of land, which, by the

Grants to certain persons not to be conveyed without permission.

eighth article of the treaty to which this is supplementary, are to be granted by the United States to the persons therein mentioned, shall never be conveyed, by them or their heirs, without the permission of the President of the United States.

Art. 4. The United States agree to pay to the Wyandots an additional

Additional annuities to the Wyandots, &c.

annuity of five hundred dollars, forever; to the Shawnees, and to the Senecas of Lewistown, an additional annuity of one thousand dollars, forever; and to the Senecas an additional annuity of five hundred dollars, forever; and to the Ottawas an additional annuity of one thousand five hundred dollars, forever. And these annuities shall be paid at the places, and in the manner, prescribed by the treaty to which this is supplementary.

Art. 5. This treaty shall take effect, and be obligatory on the contracting

When to take effect.

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 Lewis Cass and Duncan McArthur, commissioners as aforesaid, and the sachems, chiefs, and warriors, 180TREATY WITH THE WYANDOTS. 1818. of the Wyandot, Seneca, Shawnese, and Ottawa, tribes of Indians, have hereunto set their hands, at St. Mary’s, in the state of Ohio, this seventeenth day of September, in the year of our Lord one thousand eight hundred and eighteen.

LEWIS CASS, DUNCAN McARTHUR.

Wyandots.

Doouquad, or Half King,

Routondu, or Ware Pole,

Tauyaurontoyou, or Between the Logs,

Duwatout, or John Hicks,

Horonu, or Cherokee Boy,

Teoudetosso, or George Punch,

Hawdowuwang, or Matthews,

Skoutoush,

Quouqua.

Senecas.

Methomea, or Civil John,

Shekoghkell, or Big Turtle,

Waghkonoxie, or White Bone,

Tochequia, or Yellow Bone,

Captain Togone,

Cunneskokant, or Harris,

Tousonecta, or His Blanket Down,

Wiping Stick.

Shawnese.

Cuttewekasa, or Black Hoof.

Shemenetu, or Big Snake,

Biaseka, or Wolf,

Pomthe, or Walker,

Chacalawa, or Long Tail,

Pemthata, or Perry,

Red Man, or Capt. Reed,

Chiakeska, or Captain Tom,

Tecuntequa, or Elk in the Water,

Quitawepa, or Colonel Lewis,

Captain Pipe,

James Armstrong.

Ottawas.

Metesheneiwa, or Bear’s Man,

Oquenoxe,

Peneshaw, or Earle,

Keweaghbon, or Bald Eagle,

Peshekata or Marked Legs,

Shwanabe, or Muskrat,

Toutogana, or The Dog,

Tushquagon, or McCarty,

Meskema.

In presence of Wm. Turner, Secretary. Jno. Johnston, Indian Agent. B. F. Stickney, Indian Agent. B. Parke, District Judge of Indiana. Jonathan Jennings, Governor of Indiana. Alexander Wolcott, jr. Indian Agent, Detroit. John Conner. J. T. Chunn, Major of 3d Infantry. R. A. Forsyth, jr. Sec’ry Indian Department. Wm. P. Rathbone, Army Contractor. G. M. Grosvenor, Captain 3d Infantry.

Sworn Interpreters.

Henry I. Hunt. John Kenzer, Sub Agent. F. Duchouquet. W. Knaggs. A. Shane. Jno. R. Walker. C. Jouett, Indian Agent.

To the Indian names are subjoined a mark and seal.

1818-09-20 Treaty 7 Stat. 180 Made and concluded, at St. Mary’s, in the state of Ohio, between
Sept. 20, 1818.
Proclamation, Jan. 7, 1819.
Lewis Cass, Commissioner of the United States, thereto specially authorized by the President of the United States, and the chiefs and warriors of the Wyandot tribe of Indians.

Art. 1. The Wyandot tribe of Indians hereby cede to the United

Cession of lands.

States all the right reserved to them in two tracts of land, in the territory of Michigan, one including the village called Brownstown, and the other the village called Maguagua, formerly in the possession of the Wyandot tribe of Indians, containing in the whole not more than five thousand acres of land; which two tracts of land were reserved for the use of the said Wyandot tribe of Indians, and their descendants, for the term of fifty years, agreeably to the provisions of the act of Congress, 181TREATY WITH THE PEORIAS, ETC. 1818. passed February 23, 1809, and entitled “An act for the relief of certain

1809, ch. 23.

Alabama and Wyandot Indians.”

Art. 2. In consideration of the preceding cession, the United States

Reservation for the use of the Wyandots south of the river Huron.

will reserve, for the use of the said Wyandot Indians, sections numbered twenty-three, twenty-four, twenty-five, twenty-six, thirty-four, thirty-five, thirty-six, twenty-seven, and that part of section numbered twenty-two, which contains eight acres, and lies on the south side of the river Huron, being in the fourth township, south of the base line, and in the ninth range east of the first meridian, in the territory of Michigan, and containing four thousand nine hundred and ninety-six acres; and the said tract of land shall be reserved for the use of the said Wyandot Indians, and their descendants, and be secured to them in the same manner, and on the same terms and conditions, as is provided in relation to the Alabama Indians, by the first section of the before-mentioned act of Congress, except that the said Wyandot Indians, and their descendants, shall hold the said land so long as they or their descendants shall occupy the same.

In testimony whereof the said Lewis Cass, commissioner as aforesaid, and the chiefs and warriors of the said Wyandot tribe of Indians, have hereunto set their hands, at St. Mary’s, in the state of Ohio, this twentieth day of September, in the year of our Lord one thousand eight hundred and eighteen.

LEWIS CASS.

Ronesses, or Honas,

Haunsiaugh, or Boyer,

Ronaess, or Racer,

Ronioness, or Joseph,

Scoutash,

Dunquod, or Half King,

Aronce, or Cherokee Boy,

Taruntue, or Between the Logs.

In presence of R. A. Forsyth, jun. Secretary to the commissioners. Jno. Johnston, Indian Agent. B. F. Stickney, S. I. A. W. W. Walker, Interpreter. John Connor. Wm. Turner.

To the Indian names is subjoined a mark.

1818-09-25 Treaty 7 Stat. 181 A TREATY Made and concluded by, and between, Ninian Edwards and Auguste
Sept. 25, 1818.
Proclamation, Jan. 5, 1819.
Chouteau, Commissioners on the part and behalf of the United States of America, of the one part, and the undersigned, principal chiefs and warriors of the Peoria, Kaskaskia, Mitchigamia, Cahokia, and Tamarois, tribes of the Illinois nation of Indians, on the part and behalf of the said tribes, of the other part.

Whereas, by the treaty made at Vincennes, on the thirteenth day of

Preamble. Ante, p. 18.

August, in the year of our Lord one thousand eight hundred and three, between the United States, of the one part, and the head chiefs and warriors of the tribe of Indians commonly called the Kaskaskia tribe, but which was composed of, and rightfully represented, the Kaskaskia, Mitchigamia, Cahokia, and Tamarois, tribes of the Illinois nation of Indians, of the other part, a certain tract of land was ceded to the United States, which was supposed to include all the land claimed by those respective tribes, but which did not include, and was not intended to include, the land which was rightfully claimed by the Peoria Indians, 182 a tribe of the Illinois nation, who then did, and still do, live separate and apart from the tribes abovementioned, and who were not represented in the treaty referred to above, nor ever received any part of the consideration given for the cession of land therein mentioned: And whereas the said tribe of Peoria are now also disposed to cede all their land to the United States, and, for the purpose of avoiding any dispute with regard to the boundary of their claim, are willing to unite with the Kaskaskia, Mitchigamia, Cahokia, and Tamarois, tribes, in confirming the cession of land to the United States, which was made by the treaty above referred to, and in extending the cession so as to include all the land claimed by those tribes, and themselves, respectively:

Art. 1. For which purpose the undersigned, head chiefs and warriors

Cession by all the tribes, parties to this treaty.

of the Peoria, Kaskaskia, Mitchigamia, Cahokia, and Tamarois, tribes of the Illinois nation of Indians, for the considerations hereinafter mentioned, do hereby relinquish, cede, and confirm, to the United States, all the land included within the following boundaries, viz: Beginning at the confluence of the Ohio and Mississippi rivers; thence, up the Ohio, to the mouth of Saline creek, about twelve miles below the mouth of the Wabash; thence, along the dividing ridge between the waters of said creek and the Wabash, to the general dividing ridge between the waters which fall into the Wabash and those which fall into the Kaskaskia river; thence, along the said ridge, until it reaches the waters which fall into the Illinois river; thence, a direct line to the confluence of the Kankakee and Maple rivers; thence, down the Illinois river, to its confluence with the Mississippi river, and down the latter to the beginning.

Art. 2. It is mutually agreed, by the parties hereto, that all the stipulations

Stipulations in treaty of Vincennes to continue obligatory.

contained in the treaty, above referred to, shall continue binding and obligatory on both parties.

Art. 3. The United States will take the Peoria tribe, as well as the

U. S. will protect the tribes, parties to this treaty.

other tribes herein abovementioned, under their immediate care and patronage, and will afford them a protection as effectual, against any other Indian tribes, and against all other persons whatever, as is enjoyed by the citizens of the United States. And the said Peoria tribe do

Peorias not to make war without consent of U. S.

hereby engage to refrain from making war, or giving any insult or offence, to any other Indian tribe, or to any foreign nation, without first having obtained the approbation and consent of the United States.

Art. 4. In addition to two thousand dollars’ worth of merchandize,

Payment to the Peorias.

this day paid to the abovementioned tribes of Indians, the receipt whereof is hereby acknowledged, the United States promise to pay to the said Peoria tribe, for the term of twelve years, an annuity of three hundred dollars, in money, merchandize, or domestic animals, at the option of the said tribe; to be delivered at the village of St. Genevieve, in the territory of Missouri.

Art. 5. The United States agree to cede, to the said Peoria tribe, six

The U.S. cede 640 acres of land to the Peorias.

hundred and forty acres of land, including their village on Blackwater river, in the territory of Missouri; provided that the said tract is not included within a private claim; but should that be the case, then some other tract of equal quantity and value shall be designated for said tribe, at such place as the President of the United States may direct. And

Peorias accept the presents, &c. in full for all their claims.

the said Peoria tribe hereby agree to accept the same, together with the presents now given them, and the annuity hereby promised them, as a full equivalent for all and every tract of land to which they have any pretence of right or title.

183TREATY WITH THE OSAGES. 1818.

In testimony whereof, the commissioners aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto subscribed their names and affixed their seals. Done at Edwardsville, in the state of Illinois, this twenty-fifth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third.

NINIAN EDWARDS, AUG. CHOUTEAU.

Peoria.

Waw Peeshawkawnan, Shield,

Wassawcosangaw, Shine,

Naynawwitwaw, Sentinel,

Wissineeaw, the Eater,

Rawmissawnoa, or Wind,

Mawressaw, or Knife,

Koongeepawtaw,

Batticy, or Baptist,

Keemawraneaw, or Seal,

Weeomawkawnaw,

Keeshammy, or Cut off a Piece.

Kaskaskia.

Louis Jefferson Decouagne,

Wawpamahwhawaw, or White Wolf,

Awrawmpingeaw, or Whale,

Keemawassaw, or Little Chief.

Mitchigamia.

Wackshinggaw, or Crooked Moon,

Keetawkeemawwaw, or Andrew,

Manggoussaw.

Cahokia.

Mooyawkackee, or Mercier,

Pemmeekawwattaw, or Henry,

Papenegeesawwaw,

Shopinnaw, or Pint,

Maysheeweerattaw, or Big Horn.

Tumarois.

Mahkattamawweeyaw, Black Wolf,

Queekkawpeetaw, or Bound Seat.

Done in presence of Pascal Cerré, secretary to the commissioners. Abraham Prickett, B. Stephenson, John M‘Kee, Joseph Conway, Josias Randle, Ebenezer Baldwin, Reuben H. Walworth, William Swettand, John Kain, R. Pulliam, John Gaither, Bucknett, Jacob Prickett, John Wilson, William P. M‘Kee, James Watts, John Howard, Richard Brevoofield, Robert Pogue, James Mason, Jno. Shinn, jun., John H. Randle, Edmund Randle.

To the Indian names are subjoined a mark and seal.

1818-09-25 Treaty 7 Stat. 183 Made and concluded by, and between, William Clark, governor
Sept. 25, 1818.
Proclamation, Jan. 7, 1819.
of the Missouri Territory, superintendent of Indian affairs, and commissioner in behalf of the United States, of the one part; and a full and complete deputation of considerate men, chiefs, and warriors, of all the several bands of the Great and Little Osage nation, assembled in behalf of their said nation, of the other part; have agreed to the following articles:

Art. 1. Whereas the Osage nations have been embarrassed by the frequent demands for property taken from the citizens of the United States, by war parties, and other thoughtless men of their several bands, (both before and since their war with the Cherokees,) and as the exertions of their chiefs have been ineffectual in recovering and delivering such property, conformably with the condition of the ninth article

Ante, p. 107.

of a treaty, entered into with the United States, at Fort Clark, the tenth of November, one thousand eight hundred and eight; and as the deductions from their annuities, in conformity to the said article, would deprive them of any for several years, and being destitute of funds to do that justice to the citizens of the United States which is calculated to promote a friendly intercourse, they have agreed, and do hereby agree, to 184 cede to the United States, and forever quit claim to, the tract of country

Cession to the U. S. of a tract of country within the bounds mentioned.

included within the following bounds, to wit: Beginning at the Arkansas river, at where the present Osage boundary line strikes the river at Frog Bayou; then up the Arkansas and Verdigris, to the falls of Verdigris river; thence, eastwardly, to the said Osage boundary line, at a point twenty leagues north from the Arkansas river; and, with that line, to the place of beginning.

Art. 2. The United States, on their part, and in consideration of the

U. S. to pay for certain losses sustained by their citizens.

above cession, agree, in addition to the amount which the Osage do now receive in money and goods, to pay their own citizens the full value of such property as they can legally prove to have been stolen or destroyed by the said Osage, since the year one thousand eight hundred and fourteen: provided the same does not exceed the sum of four thousand dollars.

Art. 3. The articles now stipulated will be considered as permanent

These articles to be considered as permanent additions to former treaties.

additions to the treaties, now in force, between the contracting parties, as soon as they shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said United States.

In witness whereof the said William Clark, Commissioner as aforesaid, and the considerate men and chiefs aforesaid, have hereunto subscribed their names, and affixed their seals, at St. Louis, this twenty-fifth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third.

WILLIAM CLARK.

Canlenonpe,

Voibatice,

Thehonache,

Chonqueauga,

Voipoqua,

Mannensoudhe,

Nequivoire,

Nantagrege,

Manshepogran,

Pachique,

Tacindhe,

Voiletonchinga,

Vnisabevoiquanddague,

Nanchache,

Thequalanan,

Theoucoudhe,

Nihecounache,

Voidenache,

Couchestavoilla,

Naquidatonga,

Voitanigau,

Huquevoire,

Hurathi,

Houneagon, or the Gentleman,

Hoquithevoico,

Voiseaudhe,

Thedecavoichipiche,

Vothevoihe,

Miteniga,

Thecanique,

Voibisonthe,

Nicananthevoire,

Honhonquecoa,

Tanhemonny,

Sandhecaan,

Paheskaw, or the White Hair,

Kohesegre, or the Great Track,

Nichenmance, or the Walking Rain,

Tadhesajaudesor, or the Wind,

Nihuedheque, or Sans Oreillez,

Caniquechaga, or the Little Chief,

Grinachie, or the Sudden Appearance,

Voihasache, or the Raised Scalp,

Dogachiga,

Tahechiga.

Signed, sealed, and delivered, in the presence of Pierre Chouteau, Pierre Menard, Ind. Agent. Jno. Ruland, Sub Agent. P. L. Chouteau, Interpreter. Paul Loise, Interpreter Osage. I. T. Honore, Indian Interpreter. Meriwether Lewis Clark.

To the Indian names are subjoined a mark and seal.

1818-10-02 Treaty 7 Stat. 185 ARTICLES OF A TREATY Made and concluded at St. Mary’s, in the state of Ohio, between
Oct. 2, 1818.
Proclamation, Jan. 15, 1819.
Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners of the United States, and the Potawatomie nation of Indians.

Art. 1. The Potawatomie nation of Indians cede to the United States

Cessions of land by the Pottawatamies.

all the country comprehended within the following limits: Beginning at the mouth of the Tippecanoe river, and running up the same to a point twenty-five miles in a direct line from the Wabash river—thence, on a line as nearly parallel to the general course of the Wabash river as practicable, to a point on the Vermilion river, twenty-five miles from the Wabash river; thence, down the Vermilion river to its mouth, and thence, up the Wabash river, to the place of beginning. The Potawatomies also cede to the United States all their claim to the country south of the Wabash river.

Art. 2. The United States agree to purchase any just claim which t

U. S. agree to purchase Kickapoo claim.

he Kickapoos may have to any part of the country hereby ceded below Pine creek.

Art. 3. The United States agree to pay to the Potawatomies a perpetual

Perpetual annuity to Pottawatamies.

annuity of two thousand five hundred dollars in silver; one half of which shall be paid at Detroit, and the other half at Chicago; and all annuities which, by any former treaty, the United States have engaged to pay to the Potawatomies, shall be hereafter paid in silver.

Art. 4. The United States agree to grant to the persons named in

Grants not to be conveyed without consent of U. S.

the annexed schedule, and their heirs, the quantity of land therein stipulated to be granted; but the land so granted shall never be conveyed by either of the said persons, or their heirs, unless by the consent of the President of the United States.

In testimony whereof, the said Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners as aforesaid, and the sachems, chiefs, and warriors, of the Potawatomie tribe of Indians, have hereunto set their hands, at St. Mary’s, in the state of Ohio, this second day of October, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States the forty-third.

JONATHAN JENNINGS, LEWIS CASS, B. PARKE.

Tuthinepee,

Chechaas,

Metamice,

Winemakoos,

Mescotnome,

Wabmeshema,

Shawano,

Chacapma,

Menomeno,

Wogaw,

Metea,

Metchepagiss,

Nautchegno,

Osheochebe,

Keesis,

Conge,

Onoxas,

Mectenwa,

185 TREATY WITH THE WEAS. 1818.186

Scomack,

Chewago,

Jowish,

Checalk,

Eshcam,

Pesotem,

Petcheco,

Shepage,

Sheackackabe,

Peaneesh,

Macota,

Mona, or Moran,

Mocksa,

Nanouseka,

Wistea,

Noshiequa,

Mowa, or Black Wolf.

In presence of James Dill, Secretary to the Commissioner. William Turner, Secretary. Jno. Johnston, Indian Agent. B. F. Stickney, S. I. A. William Prince, Indian Agent. John Conner. William Conner, Interpreter. R. A. Forsyth, Jr., Secretary of Indian Dep. Isaac Burnett. † Benedict Jh. Flaget, Bishop of Bardstown. G. Godfroy, Indian Agent. John T. Chunn, Major 3d Infantry. J. Hackley, Capt. 3d Infantry.

To the Indian names are subjoined a mark.

Schedule referred to in the foregoing treaty.

There shall be granted to James Burnett, Isaac Burnett, Jacob Burnett,

Schedule of grantees.

and Abraham Burnett, two sections of land each; and to Rebecca Burnett and Nancy Burnett, one section of land each; which said James, John, Isaac, Jacob, Abraham, Rebecca, and Nancy, are children of Cakimi, a Potawatamie woman, sister of Topinibe, principal chief of the nation; and six of the sections herein granted, shall be located from the mouth of the Tippecanoe river, down the Wabash river, and the other six [five] sections shall be located at the mouth of Flint river.

There shall be granted to Perig, a Potawatamie chief, one section of land on the Flint river, where he now lives. There shall also be granted to Mary Chatalie, daughter of Neebosh, a Potawatamie chief, one section of land, to be located below the mouth of Pine river.

JONATHAN JENNINGS, LEWIS CASS, B. PARKE.

1818-10-02 Treaty 7 Stat. 186 Made and concluded, at St. Mary’s, between the United States of
Oct. 2, 1818.
Proclamation, Jan. 7, 1819.
America, by their Commissioners, Jonathan Jennings, Lewis Cass, and Benjamin Park, and the Wea tribe of Indians.

Art. 1. The said Wea tribe of Indians agree to cede to the United

Cession of land by the Weas.

States all the lands claimed and owned by the said tribe, within the limits of the states of Indiana, Ohio, and Illinois.

Art. 2. The said Wea tribe of Indians reserve to themselves the following

Reservation.

described tract of land, viz: Beginning at the mouth of Raccoon creek; thence, by the present boundary line, seven miles; thence, north-easterly, seven miles, to a point seven miles from the Wabash river; thence to the Wabash river, by a line parallel to the present boundary line aforesaid; and thence, by the Wabash river, to the place of beginning: to be holden by the said tribe as Indian reservations are usually held.

187

Art. 3. The United States agree to grant to Christmas Dageny and

Grant to C. Dageny and Mary Shields.

Mary Shields, formerly Mary Dageny, children of Mechinquamesha, sister of Jacco, a chief of the said tribe, and their heirs, one section of land each; but the land hereby granted shall not be conveyed or transfered to any person or persons, by the grantees aforesaid, or their heirs, or either of them, but with the consent of the President of the United States.

Art. 4. The said Wea tribe of Indians accede to, and sanction, the

The Weas sanction a cession of land by the Kickapoos in 1809.

Ante, p. 117.

cession of land made by the Kickapoo tribe of Indians, in the second article of a treaty concluded between the United States and the said Kickapoo tribe, on the ninth day of December, one thousand eight hundred and nine.

Art. 5. In consideration of the cession made in the foregoing articles

Payment to Weas.

of this treaty, the United States agree to pay to the said Wea tribe of Indians, one thousand eight hundred and fifty dollars annually, in addition to the sum of one thousand one hundred and fifty dollars, (the amount of their former annuity,) making a sum total of three thousand dollars; to be paid in silver, by the United States, annually, to the said tribe, on the reservation described by the second article of this treaty.

In testimony whereof the said Jonathan Jennings, Lewis Cass, and Benjamin Park, commissioners as aforesaid, and the sachems, chiefs, and warriors, of the Wea tribe of Indians, have hereunto set their hands, at St. Mary’s, in the state of Ohio, this second day of October, in the year of our Lord one thousand eight hundred and eighteen.

JONATHAN JENNINGS, LEWIS CASS, B. PARKE.

Jacco,

Shawanoe,

Shequiah, or Little Eyes,

Quema, or Young Man,

Peequiah,

Shingonsa, or Mink,

Shepaqua, or Leaves.

Kickapoo chiefs.

Metagekoka, or Big Tree,

Wako, or Fox.

In presence of James Dill, Secretary to the Commissioners. Wm. Turner, Secretary. Jno. Johnston, Indian Agent. William Prince, Indian Agent. B. F. Stickney, S. I. A. John Conner. Joseph Barron, Interpreter. Jno. T. Chunn, Major 3d Infantry. J. Hackley, Capt. 3d Infantry. † Benedict Jh. Flaget, Bishop of Bardstown.

To the Indian names are subjoined marks.

1818-10-03 Treaty 7 Stat. 188 Made and concluded at St. Mary’s, in the state of Ohio, between
Oct. 3, 1818.
Proclamation, Jan. 15, 1819.
Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners of the United States, and the Delaware nation of Indians.

Art. 1. The Delaware nation of Indians cede to the United States

Delawares cede all claim to land in Indiana.

all their claim to land in the state of Indiana.

Art. 2. In consideration of the aforesaid cession, the United States

U. S. to provide a country for them west of the Mississippi.

agree to provide for the Delawares a country to reside in, upon the west side of the Mississippi, and to guaranty to them the peaceable possession of the same.

Art. 3. The United States also agree to pay the Delawares the full

Full compensation for improvements of Delawares.

value of their improvements in the country hereby ceded: which valuation shall be made by persons to be appointed for that purpose by the President of the United States; and to furnish the Delawares with one hundred and twenty horses, not to exceed in value forty dollars each, and a sufficient number of perogues, to aid in transporting them to the west side of the Mississippi; and a quantity of provisions, proportioned to their numbers, and the extent of their journey.

Art. 4. The Delawares shall be allowed the use and occupation of

Delawares allowed to occupy improvements for three years.

their improvements, for the term of three years from the date of this treaty, if they so long require it.

Art. 5. The United States agree to pay to the Delawares a perpetual

Perpetual annuity to Delawares.

annuity of four thousand dollars; which, together with all annuities which the United States, by any former treaty, engaged to pay to them, shall be paid in silver, at any place to which the Delawares may remove.

Art. 6. The United States agree to provide and support a blacksmith

A blacksmith to be provided.

for the Delawares, after their removal to the west side of the Mississippi.

Art. 7. One half section of land shall be granted to each of the following

Grants of land to individuals---not transferable without consent.

persons, namely: Isaac Wobby, Samuel Cassman, Elizabeth Petchaka, and Jacob Dick; and one quarter of a section of land shall be granted to each of the following persons, namely: Solomon Tindell, and Benoni Tindell; all of whom are Delawares; which tracts of land shall be located, after the country is surveyed, at the first creek above the old fort on White river, and running up the river; and shall be held by the persons herein named, respectively, and their heirs; but shall never be conveyed or transferred without the approbation of the President of the United States.

Art. 8. A sum, not exceeding thirteen thousand three hundred and

U. S. to pay certain claims on the Delawares.

twelve dollars and twenty-five cents, shall be paid by the United States, to satisfy certain claims against the Delaware nation; and shall be expended by the Indian agent at Piqua and Fort Wayne, agreeably to a schedule this day examined and approved by the commissioners of the United States.

Art. 9. This treaty, after the same shall be ratified by the President

Treaty binding when ratified.

and Senate of the United States, shall be binding on the contracting parties.

188 TREATY WITH THE MIAMIES. 1818. 189

In testimony whereof the said Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners as aforesaid, and the chiefs and warriors of the Delaware nation of Indians, have hereunto set their hands, at St. Mary’s, in the state of Ohio, this third day of October, in the year of our Lord one thousand eight hundred and eighteen.

JONATHAN JENNINGS, LEW. CASS, B. PARKE.

Kithteeleland, or Anderson,

Lahpanihle, or Big Bear,

James Nanticoke,

Apacahund, or White Eyes,

Captain Killbuck,

The Beaver,

Netahopuna,

Captain Tonis,

Captain Ketchum,

The Cat,

Ben Beaver,

The War Mallet,

Captain Caghkoo,

The Buck,

Petchenanalas,

John Quake,

Quenaghtoohmait,

Little Jack.

In presence of James Dill, Secretary to the Commissioners. William Turner, Secretary. Jno. Johnston, Indian Agent. B. F. Stickney, S. I. A. John Conner. William Conner, Interpreter. John Kinzie, Sub Agent. G. Godfroy, Sub Agent. John F. Chunn, Maj. 3d U. S. Infantry. J. Huckley, Capt. 3d Infantry. Will. Oliver. Hillary Brunot, Lt. 3d Infantry. David Oliver, Sergt. for the Csunesheding. R. A. Forsyth, Jr. Secretary Ind. Depart.

To the Indian names are subjoined a mark and seal.

1818-10-06 Treaty 7 Stat. 189 Made and concluded, at St. Mary’s, in the state of Ohio, between
Oct. 6, 1818.
Proclamation, Jan. 15, 1819.
Jonathan Jennings, Lewis Cass, and Benjamin Parke, Commissioners of the United States, and the Miami nation of Indians.

Art. 1. The Miami nation of Indians cede to the United States the

Cession of lands by the Miamies.

following tract of country: Beginning at the Wabash river, where the present Indian boundary line crosses the same, near the mouth of Raccoon creek; thence, up the Wabash river, to the reserve at its head, near Fort Wayne; thence, to the reserve at Fort Wayne; thence, with the lines thereof, to the St. Mary’s river; thence, up the St. Mary’s river, to the reservation at the portage; thence, with the line of the cession made by the Wyandot nation of Indians to the United States, at

Ante, p. 160.

the foot of the Rapids of the Miami of Lake Erie, on the 29th day of September, in the year of our Lord one thousand eight hundred and seventeen, to the reservation at Loramie’s store; thence, with the present Indian boundary line, to Fort Recovery; and, with the said line, following the courses thereof, to the place of beginning.

Art. 2. From the cession aforesaid the following reservations, for the

Reservations from the cession for the use of the Miamies.

use of the Miami nation of Indians, shall be made; one reservation, extending along the Wabash river, from the mouth of Salamanie river to the mouth of Eel river, and from those points, running due south, a distance equal to a direct line from the mouth of Salamanie river to the

Post, p. 569.

mouth of Eel river. One other reservation, of two miles square, on the river Salamanie, at the mouth of Atchepongqwave creek. One other reservation, of six miles square, on the Wabash river, below the forks 190 thereof. One other reservation, of ten miles square, opposite the mouth of the river A Bouette. One other reservation, of ten miles square, at the village on Sugar Tree Creek. One other reservation, of two miles square, at the mouth of a creek, called Flat Rock, where the road to White river crosses the same.

Art. 3.

The United States agree to grant, by patent, in fee simple,

Tracts granted by U. S. to J.B. Richardville.

to Jean Bapt. Richardville, principal chief of the Miami nation of Indians, the following tracts of land: Three sections of land, beginning about twenty-five rods below his house, on the river St. Mary’s, near Fort Wayne; thence, at right angles with the course of the river, one mile; and from this line, and the said river, up the stream thereof, for quantity. Two sections, upon the east side of the St. Mary’s river, near Fort Wayne, running east one mile with the line of the military reservation; thence, from that line, and from the river, for quantity. Two sections, on the Twenty-seven mile creek, where the road from St. Mary’s to Fort Wayne crosses it, being one section on each side of said creek.

Two sections on the left bank of the Wabash, commencing at the forks and running down the river.

The United States also agree to grant to each of the following persons,

Other grants to persons named.

being Miami Indians by birth, and their heirs, the tracts of land herein described.

To Joseph Richardville and Joseph Richardville, jun. two sections of land, being one on each side of the St. Mary’s river, and below the reservation made on that river by the treaty of Greenville, in 1795.

To Wemetche or the Crescent, one section, below and adjoining the reservation of Anthony Chesne, on the west side of the St. Mary’s river, and one section immediately opposite to Macultamunqua or Black Loon.

To Keenquatakqua or Long Hair, Aronzon or Twilight, Peconbequa or a Woman striking, Aughquamauda or Difficulty, and to Miaghqua or Noon, as joint tenants, five sections of land upon the Wabash river, the centre of which shall be the Wyandot village, below the mouth of Tippecanoe river.

To François Godfroy, six sections of land, on the Salamanie river, at a place called La Petite Prairie.

To Louis Godfroy, six sections of land, upon the St. Mary’s river, above the reservation of Anthony Shane.

To Charley, a Miami chief, one section of land, on the west side of the St. Mary’s river, below the section granted to Pemetche or the Crescent.

To the two eldest children of Peter Langlois, two sections of land, at a place formerly called Village du Puant, at the mouth of the river called Pauceaupichoux.

To the children of Antoine Bondie, two sections of land, on the border of the Wabash river, opposite a place called l’Esle a l’Aille.

To François Lafontaine and his son, two sections of land, adjoining and above the two sections granted to Jean Bapt. Richardville, near Fort Wayne, and on the same side of the St. Mary’s river.

To the children of Antoine Rivarre, two sections of land, at the mouth of the Twenty-seven mile creek, and below the same.

To Peter Langlois’ youngest child, one section of land, opposite the Chipaille, at the Shawnes village.

To Peter Labadie, one section of land, on the river St. Mary’s, below the section granted to Charley.

To the son of George Hunt, one section of land, on the west side of the St. Mary’s river, adjoining the two sections granted to François Lafontaine and his son.

191

To Meshenoqua or the Little Turtle, one section of land, on the south side of the Wabash, where the portage path strikes the same.

To Josette Beaubien, one section of land on the left bank of the St. Mary’s, above and adjoining the three sections granted to Jean Bapt. Richardville.

To Ann Turner, a half-blooded Miami, one section of land on the northwest side of the Wabash river, to commence at the mouth of Fork creek, on the west bank of the said creek, and running up said creek one mile in a direct line, thence at right angles with this line for quantity.

To Rebecca Hackley, a half-blooded Miami, one section of land, to be located at the Munsey town, on White river, so that it shall extend on both sides to include three hundred and twenty acres of the prairie, in the bend of the river, where the bend assumes the shape of a horse shoe.

To William Wayne Wells, a half-blooded Miami, one section of land, at the mouth of the Fork creek, where the reservation for Ann Turner commences, running down the Wabash river on the northwest bank one mile; thence, back one mile; thence, east one mile, to the boundary line of the grant to Ann Turner.

To Mary Wells, a half-blooded Miami, one section of land, at the mouth of Stoney creek, on the southeast side of the Wabash river, the centre of which shall be at the mouth of said creek, running with the meanders thereof, up and down the Wabash river, one half mile, and thence back for quantity.

To Jane Turner Wells, a half-blooded Miami, one section of land, on the northwest side of the Wabash river, to commence on the west bank of said river, opposite the old lime kiln; thence, down the said river one mile, and back for quantity.

Art. 4. The Miami nation of Indians assent to the cession made by

Miamies assent to the cession by the Kickapoos.

the Kickapoos to the United States, by the treaty concluded at Vincennes, on the ninth day of December, one thousand eight hundred and nine.

Art. 5.

In consideration of the cession and recognition aforesaid,

Payment to Miamies.

the United States agree to pay to the Miami nation of Indians, a perpetual annuity of fifteen thousand dollars, which, together with all annuities which, by any former treaty, the United States have engaged to pay to the said Miami nation of Indians, shall be paid in silver.

The United States will cause to be built for the Miamies one grist-mill

A grist-mill, saw-mill, &c. for the Miamies.

and one saw-mill, at such proper sites as the chiefs of the nation may select, and will provide and support one blacksmith and one gunsmith for them, and provide them with such implements of agriculture as the proper agent may think necessary.

The United States will also cause to be delivered, annually, to the

160 bushels salt annually.

Miami nation, one hundred and sixty bushels of salt.

Art. 6. The several tracts of land which, by the third article of this

Tracts granted, except, &c. not transferable without consent.

treaty, the United States have engaged to grant to the persons therein mentioned, except the tracts to be granted to Jean Bapt. Richardville, shall never be transferred by the said persons or their heirs, without the approbation of the President of the United States.

Art. 7. This treaty shall be obligatory on the contracting parties

Treaty obligatory when ratified.

after 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 Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners as aforesaid, and the chiefs 192TREATY WITH THE CHICKASAWS. 1818. and warriors of the Miami nation of Indians, have hereunto set their hands, at St. Mary’s, the sixth day of October, in the year of our Lord one thousand eight hundred and eighteen.

JONATHAN JENNINGS, LEWIS CASS, B. PARKE.

Peshawa, or Richardville,

Osas,

Ketauga, or Charley,

Metche Keteta, or Big Body,

Notawas,

Wanapesha,

Tathtenouga,

Papakeecha, or Flat Belly,

Metosma,

Sasakuthka, or Sun,

Keosakunga,

Koehonna,

Sinamahon, or Stone Eater,

Cahma,

Ameghqua,

Nawaushea.

In presence of James Dill, Secretary to the commissioners. William Turner, Secretary. Jno. Johnston, Indian Agent. B. F. Stickney, S. I. A. John Kenzie, sub agent. G. Godfroy, sub agent. John Conner. John T. Chunn, Major 3d U. S. Infantry. Wm. Brunot, lieut. 3d Infantry. Wm. P. Rathbone, army contractor. Will. Oliver. Joseph Barron, sworn interpreter. Wm. Conner, interpreter. Antoine Pride, interpreter.

To the Indian names are subjoined marks.

1818-10-19 Treaty 7 Stat. 192 TREATY WITH THE CHICKASAWS, To settle all territorial controversies, and to remove all ground of
Oct. 19, 1818.
Proclamation, Jan. 7, 1819.
complaint or dissatisfaction, that might arise to interrupt the peace and harmony which have so long and so happily existed between the United States of America and the Chickesaw nation of Indians, James Monroe, President of the said United States, by Isaac Shelby and Andrew Jackson, of the one part, and the whole Chickesaw nation, by their chiefs, head men, and warriors, in full council assembled, of the other part, have agreed on the following articles; which, when ratified by the President and Senate of the United States of America, shall form a treaty binding on all parties.

Art. 1. Peace and friendship are hereby firmly established and made

Perpetual peace and friendship.

perpetual, between the United States of America and the Chickesaw nation of Indians.

Art. 2. To obtain the object of the foregoing article, the Chickesaw

Cession of land by the Chickasaws.

nation of Indians cede to the United States of America, (with the exception of such reservation as shall be hereafter mentioned,) all claim or title which the said nation has to the land lying north of the south boundary of the state of Tennessee, which is bounded south by the thirty-fifth degree of north latitude, and which lands, hereby ceded, lies within the following boundary, viz: Beginning on the Tennessee river, about thirty-five miles, by water, below colonel George Colbert’s ferry, where the thirty-fifth degree of north latitude strikes the same; thence, due west, with said degree of north latitude, to where it cuts the Mississippi river at or near the Chickasaw Bluffs; thence, up the said Mississippi river, to the mouth of the Ohio; thence, up the Ohio river, to the mouth of Tennessee river; thence, up the Tennessee river, to the place of beginning.

193

Art. 3. In consideration of the relinquishment of claim and cession

Payment to Chickasaws.

of lands in the preceding article, and to perpetuate the happiness of the Chickesaw nation of Indians, the commissioners of the United States, before named, agree to allow the said nation the sum of twenty thousand dollars per annum, for fifteen successive years, to be paid annually; and, as a further consideration for the objects aforesaid, and at the request of the chiefs of the said nation, the commissioners agree to pay captain John Gordon, of Tennessee, the sum of one thousand one hundred and fifteen dollars, it being a debt due by general William Colbert, of said nation, to the aforesaid Gordon; and the further sum of two thousand dollars, due by said nation of Indians, to captain David Smith, now of Kentucky, for that sum by him expended, in supplying himself and forty-five soldiers from Tennessee, in the year one thousand seven hundred and ninety-five, when assisting them (at their request and invitation), in defending their towns against the invasion of the Creek Indians; both which sums, (on the application of the said nation,) is to be paid, within sixty days after the ratification of this treaty, to the aforesaid Gordon and Smith.

Art. 4. The commissioners agree, on the further and particular application

Reservation for the Chickasaws.

of the chiefs, and for the benefit of the poor and warriors of the said nation, that a tract of land, containing four miles square, to include a salt lick or springs, on or near the river Sandy, a branch of the Tennessee river, and within the land hereby ceded, be reserved, and to be laid off in a square or oblong, so as to include the best timber, at the option of their beloved chief Levi Colbert, and major James Brown, or either of them; who are hereby made agents and trustees for the nation, to lease the said salt lick or springs, on the following express conditions, viz: For the benefit of this reservation, as before recited,

Terms on which the salt lick may be leased.

the trustees or agents are bound to lease the said reservation to some citizen or citizens of the United States, for a reasonable quantity of salt, to be paid annually to the said nation, for the use thereof; and that, from and after two years after the ratification of this treaty, no salt, made at the works to be erected on this reservation, shall be sold within the limits of the same for a higher price than one dollar per bushel of fifty pounds weight; on failure of which the lease shall be forfeited, and the reservation revert to the United States.

Art. 5. The commissioners agree, that there shall be paid to Oppassantubby,

$500 to Oppassantubby, &c.

a principal chief of the Chickesaw nation, within sixty days after the ratification of this treaty, the sum of five hundred dollars, as a full compensation for the reservation of two miles square, on the north side of Tennessee river, secured to him and his heirs by the treaty held, with the said Chickesaw nation, on the twentieth day of September, 1816; and the further sum of twenty-five dollars to John Lewis, a half breed, for a saddle he lost while in the service of the United States; and, to shew the regard the President of the United States has for the said Chickesaw nation, at the request of the chiefs of the said nation, the commissioners agree that the sum of one thousand and eighty-nine dollars shall be paid to Maj. James Colbert, interpreter, within the period stated in the first part of this article, it being the amount of a sum of money taken from his pocket, in the month of June, 1816, at the theatre in Baltimore: And the said commissioners, as a further

The reservations of the Colberts to enure to them, their heirs and assigns, for ever.

regard for said nation, do agree that the reservations made to George Colbert and Levi Colbert, in the treaty held at the council house of said nation, on the [twentieth] day of September, 1816, the first to Col. George Colbert, on the north side of Tennessee river, and those to Maj. Levi Colbert, on the east side of the Tombighy river, shall enure to the sole use of the said Col. George Colbert, and Maj. Levi Colbert, their heirs and assigns, forever, with their butts and 194 bounds, as defined by said treaty, and agreeable to the marks and boundaries as laid off and marked by the surveyor of the United States, where that is the case, and where the reservation has not been laid off and marked by a surveyor of the United States, the same shall be so done as soon after the ratification of this treaty as practicable, on the application of the reserves, or their legally appointed agent under them, and agreeably to the definition in the before recited treaty. This agreement is made on the following express conditions: that the said land, and those living on it, shall be subject to the laws of the United States, and all legal taxation that may be imposed on the land or citizens of the United States inhabiting the territory where said land is situate. The

Reservation of J. McCleish to enure to him, his heirs and assigns, on the same terms.

commissioners further agree, that the reservation secured to John McCleish, on the north side of Tennessee river, by the before recited treaty, in consequence of his having been raised in the state of Tennessee, and marrying a white woman, shall enure to the sole use of the said John McCleish, his heirs and assigns, forever, on the same conditions attached to the lands of Col. George Colbert and Maj. Levi Colbert, in this article.

Art. 6. The two contracting parties covenant and agree, that the

The line of the south boundary of Tennessee to be marked.

line of the south boundary of the state of Tennessee, as described in the second article of this treaty, shall be ascertained and marked by commissioners appointed by the President of the United States; that the marks shall be bold; the trees to be blazed on both sides of the line, and the fore and aft trees marked U. S.; and that the commissioners shall be attended by two persons, to be designated by the Chickasaw nation; and the said nation shall have due and seasonable notice when said operation is to be commenced. It is further agreed

Compensation for improvements in lands ceded by the Chickasaws.

by the commissioners, that all improvements actually made by individuals of the Chickesaw nation, which shall be found within the lands ceded by this treaty, that a fair and reasonable compensation shall be paid therefor, to the respective individuals having made or owned the same.

Art. 7. In consideration of the friendly and conciliatory disposition

Grants in cash to individuals named.

evinced during the negotiation of this treaty, by the Chickesaw chiefs and warriors, but more particularly, as a manifestation of the friendship and liberality of the President of the United States, the commissioners agree to give, on the ratification of this treaty, to Chinnubby, King of the Chickesaws nation, to Teshuamingo, William M‘Gilvery, Anpassantubby, Samuel Seely, James Brown, Levi Colbert, Ickaryoucuttaha, George Pettgrove, Immartarharmicco, Chickasaw chiefs, and to Malcum M‘Gee, interpreter to this treaty, each, one hundred and fifty dollars, in cash; and to Major William Glover, Col. George Colbert, Hopoyeahaunmar, Immauklusharhopoyea, Tushkarhopoye, Hopoyeahaummar, jun. Immauklusharhopyea, James Colbert, Coweamarthlar, Illachouwarhopoyea, military leaders, one hundred dollars each; and

Annuities hereafter wholly in cash.

do further agree, that any annuity heretofore secured to the Chickesaw nation of Indians, by treaty, to be paid in goods, shall hereafter be paid in cash.

In testimony whereof the said commissioners, and undersigned chiefs and warriors, have set their hands and seals. Done, at the treaty ground east of Old Town, this nineteenth day of October, in the year of our Lord one thousand eight hundred and eighteen.

ISAAC SHELBY, ANDREW JACKSON. 195TREATY WITH THE CHEROKEES. 1819.

Levi Colbert,

Samuel Seely,

Chinnubby, King,

Teshuamingo,

William M‘Gilvery,

Arpasheushtubby,

James Brown,

Ickaryaucuttaha,

George Pottygrove,

Immartaharmicco,

Major-General William Colbert,

Major William Glover,

Hopayahaummar,

Immouklusharhopoyea,

Tuskaehopoyea,

Hopayahaummar, jun.

Immauklusharhopoyea,

James Colbert,

Cowemarthlar,

Illackhauwarhopoyea,

Col. George Colbert.

In presence of Robert Butler, Adj’t. Gen. and Secretary. Th. J. Sherburne, Agent for the Chickasaw nation of Indians. Malcum M‘Gee, Interpreter. Martin Colbert. J. C. Bronaugh, Ass’t. Insp. Gen. S. D. Thos. H. Shelby, of Kentucky. R. K. Call, Capt. U. S. Army. Benjamin Smith, of Kentucky. Richard I. Easter, A. D. Q. M. Gen. Ms. B. Winchester. W. B. Lewis.

To the Indian names are subjoined a mark and seal.

1819-02-27 Convention 7 Stat. 195 ARTICLES OF A CONVENTION Made between John C. Calhoun, Secretary of War, being specially
Feb. 27, 1819.
Proclamation, March 10, 1819.
authorized therefor by the President of the United States, and the undersigned Chiefs and Head Men of the Cherokee nation of Indians, duly authorized and empowered by said nation, at the City of Washington, on the twenty-seventh day of February, in the year of our Lord one thousand eight hundred and nineteen.

Whereas a greater part of the Cherokee nation have expressed an

Preamble.

earnest desire to remain on this side of the Mississippi, and being desirous, in order to commence those measures which they deem necessary to the civilization and preservation of their nation, that the treaty between the United States and them, signed the eighth of July, eighteen hundred and seventeen, might, without further delay, or the

Ante, p. 140.

trouble or expense of taking the census, as stipulated in the said treaty, be finally adjusted, have offered to cede to the United States a tract of country at least as extensive as that which they probably are entitled to under its provisions, the contracting parties have agreed to and concluded the following articles.

Art. 1. The Cherokee nation cedes to the United States all of their

Cession of lands by the Cherokees.

lands lying north and east of the following line, viz: Beginning on the Tennessee river, at the point where the Cherokee boundary with Madison county, in the Alabama territory, joins the same; thence, along the main channel of said river, to the mouth of the Highwassee; thence, along its main channel, to the first hill which closes in on said river, about two miles above Highwassee Old Town; thence, along the ridge which divides the waters of the Highwassee and Little Tellico, to the Tennessee river, at Tallassoe; thence, along the main channel, to the junction of the Cowee and Nanteyalee; thence, along the ridge in the fork of said river, to the top of the Blue Ridge; thence, along the Blue Ridge, to the Unicoy Turnpike Road; thence, by a straight line, to the nearest main source of the Chestatee; thence, along its main channel, to the Chatahouchee; and thence to the Creek boundary; it being understood that all the islands in the Chestatee, and the parts of the Tennessee and Highwassee, (with the exception of Jolly’s Island, in the 196 Tennessee, near the mouth of the Highwassee), which constitute a portion of the present boundary, belong to the Cherokee nation; and it is also understood, that the reservations contained in the second article of the treaty of Tellico, signed the twenty-fifth October, eighteen hundred and five, and a tract equal to twelve miles square, to be located by commencing at the point formed by the intersection of the boundary line of Madison county, already mentioned, and the north bank of the Tennessee river; thence, along the said line, and up the said river twelve miles, are ceded to the United States, in trust for the Cherokee nation as a school fund; to be sold by the United States, and the proceeds vested as is hereafter provided in the fourth article of this treaty; and, also, that the rights vested in the Unicoy Turnpike Company, by the Cherokee nation, according to certified copies of the instruments securing the rights, and herewith annexed, are not to be affected by this treaty; and it is further understood and agreed by the said parties,

The lands hereby ceded are in full satisfaction, &c.

that the lands hereby ceded by the Cherokee nation, are in full satisfaction of all claims which the United States have on them, on account of the cession to a part of their nation who have or may hereafter emigrate to the Arkansas; and this treaty is a final adjustment of that of the eighth of July, eighteen hundred and seventeen.

Art. 2. The United States agree to pay, according to the stipulations

U. S. to pay for improvements on ceded lands.

contained in the treaty of the eighth of July, eighteen hundred and seventeen, for all improvements on land lying within the country ceded by the Cherokees, which add real value to the land, and do agree to allow a reservation of six hundred and forty acres to each head of any Indian family residing within the ceded territory, those enrolled for the Arkansas excepted, who choose to become citizens of the United States, in the manner stipulated in said treaty.

Art. 3.

It is also understood and agreed by the contracting parties,

Grant of land to each person on the list annexed to this treaty, except Major Walker.

that a reservation, in fee simple, of six hundred and forty acres square, with the exception of Major Walker’s, which is to be located as is hereafter provided, to include their improvements, and which are to be as near the centre thereof as possible, shall be made to each of the persons whose names are inscribed on the certified list annexed to this treaty, all of whom are believed to be persons of industry, and capable of managing their property with discretion, and have, with few exceptions, made considerable improvements on the tracts reserved. The reservations

Notice to be given of intention to continue residence.

are made on the condition, that those for whom they are intended shall notify, in writing, to the agent for the Cherokee nation, within six months after the ratification of this treaty, that it is their intention to continue to reside permanently on the land reserved.

The reservation for Lewis Ross, so to be laid off as to include his

Reservations.

house, and out-buildings, and ferry adjoining the Cherokee agency, reserving to the United States all the public property there, and the continuance of the said agency where it now is, during the pleasure of the government; and Major Walker’s, so as to include his dwelling house and ferry: for Major Walker an additional reservation is made of six hundred and forty acres square, to include his grist and saw mill; the land is poor, and principally valuable for its timber. In addition to the

Additional reservations.

above reservations, the following are made, in fee simple; the persons for whom they are intended not residing on the same: To Cabbin Smith, six hundred and forty acres, to be laid off in equal parts, on both sides of his ferry on Tellico, commonly called Blair’s ferry; to John Ross, six hundred and forty acres, to be laid off so as to include the Big Island in Tennessee river, being the first below Tellico—which tracts of land were given many years since, by the Cherokee nation, to them; to Mrs. Eliza Ross, step daughter of Major Walker, six hundred and forty acres square, to be located on the river below and adjoining 197 Major Walker’s; to Margaret Morgan, six hundred and forty acres square, to be located on the west of, and adjoining, James Riley’s reservation; to George Harlin, six hundred and forty acres square, to be located west of, and adjoining, the reservation of Margaret Morgan; to James Lowry, six hundred and forty acres square, to be located at Crow Mocker’s old place, at the foot of Cumberland mountain; to Susannah Lowry, six hundred and forty acres, to be located at the Toll Bridge on Battle Creek; to Nicholas Byers, six hundred and forty acres, including the Toqua Island, to be located on the north bank of the Tennessee, opposite to said Island.

Art. 4. The United States stipulate that the reservations, and the

The reservations, &c. to be sold, and proceeds vested in stock.

tract reserved for a school fund, in the first article of this treaty, shall be surveyed and sold in the same manner, and on the same terms, with the public lands of the United States, and the proceeds vested, under the direction of the President of the United States, in the stock of the United States, or such other stock as he may deem most advantageous to the Cherokee nation. The interest or dividend on said stock, shall

Interest, how to be applied.

be applied, under his direction, in the manner which he shall judge best calculated to diffuse the benefits of education among the Cherokee nation on this side of the Mississippi.

Art. 5. It is agreed that such boundary lines as may be necessary to

Boundary lines to be run by commissioners.

designate the lands ceded by the first article of this treaty, may be run by a commissioner or commissioners to be appointed by the President of the United States, who shall be accompanied by such commissioners as the Cherokees may appoint, due notice thereof to be given to the nation; and that the leases which have been made under the treaty of

Ante, p. 156.

the eighth of July, eighteen hundred and seventeen, of land lying within the portion of country reserved to the Cherokees, to be void; and that

White intruders to be removed.

all white people who have intruded, or may hereafter intrude, on the lands reserved for the Cherokees, shall be removed by the United States, and proceeded against according to the provisions of the act passed thirtieth March, eighteen hundred and two, entitled “An act to

1802, ch. 13.

regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.”

Art. 6. The contracting parties agree that the annuity to the Cherokee

Division of annuity to Cherokee nation.

nation shall be paid, two-thirds to the Cherokees east of the Mississippi, and one-third to the Cherokees west of that river, as it is estimated that those who have emigrated, and who have enrolled for emigration, constitute one-third of the whole nation; but if the Cherokees west of the Mississippi object to this distribution, of which due notice shall be given them, before the expiration of one year after the ratification of this treaty, then the census, solely for distributing the annuity, shall be taken at such times, and in such manner, as the President of the United States may designate.

Art. 7. The United States, in order to afford the Cherokees

Intrusion of citizens to be prevented.

who reside on the lands ceded by this treaty, time to cultivate their crop next summer, and for those who do not choose to take reservations, to remove, bind themselves to prevent the intrusion of their citizens on the ceded land before the first of January next.

Art. 8. This treaty to be binding on the contracting parties so soon

Treaty binding when ratified.

as it is ratified by the President of the United States, by and with the advice and consent of the Senate.

Done at the place, and on the day and year, above written.

J. C. CALHOUN. 198

Ch. Hicks,

Jno. Ross,

Lewis Ross,

John Martin,

James Brown,

Geo. Lowry,

Gideon Morgan, Jr.

Cabbin Smith,

Sleeping Rabbit,

Small Wood,

John Walker,

Currohee Dick.

Witnesses, Return J. Meigs, C. Vandeventer, Elias Earle, John Lowry.

To the Indian names are subjoined marks.

List of persons referred to in the 3d article of the annexed Treaty.
Richard Walker, within the chattered limita of North Carolina.				John Brown,	do.	Tennessee.
Yonah, alias Big Bear,		do.		Elizabeth Lowry,		do.	do.
John Marlin,	do.	Georgia.		George Lowry,		do.	do.
Peter Linch,		do.	do.	John Benge,		do.	do.
Daniel Davis,		do.	do.	Mrs. Eliz. Peck,		do.	do.
George Parris,		do.	do.	John Walker, Sr.		do.	do.
Walter S. Adair,		do.	do.	John Walker, Jr. (unmarried,)		do.	do.
Thomas Wilson,	do.	Alab. Ter.		Richard Taylor,		do.	do.
Richard Riley,		do.	do.	John McIntosh,		do.	do.
James Riley,		do.	do.	James Starr,		do.	do.
Edward Gunter,		do.	do.	Samuel Parks,		do.	do.
Robert McLemore,	do.	Tenn.		The Old Bark, (of Chota)		do.	do.
John Baldridge,		do.	do.	No. of reservees within the limits of
Lewis Ross,		do.	do.	North Carolina,				2
Fox Taylor,		do.	do.	Georgia,				5
Rd. Timberlake,		do.	do.	Alabama Terr.				4
David Fields, (to include his mill,)		do.	do.	Tennessee,				20
James Brown, (to include his field by the long pond,)		do.	do.
William Brown,		do.	do.	Total No. of reservees,				31

I hereby certify, that I am, either personally, or by information on which I can rely, acquainted with the persons before named, all of whom I believe to be persons of industry, and capable of managing their property with discretion; and who have, with few exceptions, long resided on the tracts reserved, and made considerable improvements thereon.

RETURN J. MEIGS,
Agent in the Cherokee nation.

(Copy.)

Cherokee Agency, Highwassee Garrison.

We, the undersigned Chiefs and Councillors of the Cherokees in full

March 8, 1813.

council assembled, do hereby give, grant, and make over unto Nicholas Byers and David Russell, who are agents in behalf of the states of Tennessee and Georgia, full power and authority to establish a Turnpike Company, to be composed of them, the said Nicholas and David, Arthur Henly, John Lowry, Atto. and one other person, by them to be hereafter named, in behalf of the state of Georgia; and the above named persons are authorized to nominate five proper and fit persons, natives of the Cherokees, who, together with the white men aforesaid, are to constitute the company; which said company, when thus established, are hereby fully authorized by us, to lay out and open a road from the most suitable point on the Tennessee River, to be directed the nearest and best way to the highest point of navigation on the Tugolo River; which said road, when opened and established, shall continue and remain a free and publick highway, unmolested by us, to the interest and benefit of the said company, and their successors, for the full term of twenty years, yet to come, after the same may be open and compleat; after which time, said road, with all its advantages, shall be surrendered up, and reverted in, the said Cherokee nation. And the said company shall have leave, and are hereby authorized, to erect their publick stands, or 199 houses of entertainment, on said road, that is to say: one at each end, and one in the middle, or as nearly so as a good situation will permit: with leave also to cultivate one hundred acres of land at each end of the road, and fifty acres at the middle stand, with a privilege of a sufficiency of timber for the use and consumption of said stands. And the said Turnpike Company do hereby agree to pay the sum of one hundred and sixty dollars yearly to the Cherokee nation, for the aforesaid privilege, to commence after said road is opened and in complete operation. The said company are to have the benefit of one ferry on Tennessee river, and such other ferry or ferries as are necessary on said road; and, likewise, said company shall have the exclusive privilege of trading on said road during the aforesaid term of time.

In testimony of our full consent to all and singular the above-named privileges and advantages, we have hereunto set our hands and affixed our seals, this eighth day of March, eighteen hundred and thirteen.

Outahelce,

Natre, above,

Theelagathahee,

The Raven,

Two Killers,

Teeistiskee,

John Boggs,

Quotiquaskee,

Curihee, Dick,

Ooseekee,

Toochalee,

Chulio,

Dick Justice,

Wausaway,

Big Cabbin,

The Bark,

Nettle Carrier,

Seekeeke,

John Walker,

Dick Brown,

Charles Hicks,

Witnesses Present.—Wm. L. Lovely, Assistant Agent. William Smith. George Colville. James Carey, Richard Taylor, Interpreters.

The foregoing agreement and grant was amicably negotiated and concluded in my presence.

(Signed) RETURN J. MEIGS.

I certify I believe the within to be a correct copy of the original.

Washington City, March 1, 1819.

CH. HICKS.

Cherokee Agency, January 6, 1817.

We, the undersigned Chiefs of the Cherokee nation, do hereby grant

Jan. 6, 1817.

unto Nicholas Byers, Arthur H. Henly, and David Russell, proprietors of the Unicoy road to Georgia, the liberty of cultivating all the ground contained in the bend on the north side of Tennessee river, opposite and below Chota Old Town, together with the liberty to erect a grist mill on Four Mile creek, for the use and benefit of said road, and the Cherokees in the neighbourhood thereof; for them, the said Byers, Henly, and Russell, to have and to hold the above privileges during the term of lease of the Unicoy road, also obtained from the Cherokees, and sanctioned by the President of the United States.

In witness whereof, we hereunto affix our hands and seals in presence of

John McIntosh,

Charles Hicks,

Path Killer,

Tuchalar,

The Gloss,

John Walker,

Path Killer, jr.

Going Snake.

Witness.—Return J. Meigs, U. S. Agent.

200TREATY WITH THE KICKAPOOS. 1819.

The above instrument was executed in open Cherokee council, in my office, in January, 1817.

(Signed) RETURN J. MEIGS.

Cherokee Agency, 8th July, 1817.

The use of the Unicoy road, so called, was for twenty years.

(Signed) RETURN J. MEIGS.

I certify I believe the within to be a correct copy of the original.

CH. HICKS.

Washington City, March 1, 1819.

1819-07-30 Treaty 7 Stat. 200 A TREATY Made and concluded at Edwardsville, in the State of Illinois,
July 30, 1819.
Proclamation, Jan. 13, 1821.
between Auguste Chouteau, and Benjamin Stephenson, Commissioners on the part and behalf of the United States of America, of the one part, and the undersigned principal Chiefs and Warriors of the Kickapoo Tribe of Indians, on the part and behalf of said Tribe, of the other part.

Art. 1.

The undersigned Chiefs and Warriors, for themselves and

The tribe cede tracts of land.

their said tribe, for, and in consideration of, the promises and stipulations hereinafter made, do hereby cede and relinquish to the United States for ever, all their right, interest, and title, of, in, and to, the following tracts of land, viz:

All their land on the southeast side of the Wabash river, including

Land ceded.

the principal village in which their ancestors formerly resided, consisting of a large tract, to which they have had, from time immemorial, and now have, a just right; that they have never heretofore ceded, or otherwise disposed of, in any manner whatever.

Also, all the land within the following boundaries, viz: Beginning on

Boundaries of other land ceded.

the Wabash river, at the upper point of their cession, made by the second article of their treaty at Vincennes, on the 9th December, 1809; running thence, northwestwardly, to the dividing line between the states of Illinois and Indiana; thence, along said line, to the Kankakee river; thence, with said river, to the Illinois river; thence, down the latter, to its mouth; thence, with a direct line, to the northwest corner of the Vincennes tract, as recognised in the treaty with the Piankeshaw tribe of Indians at Vincennes, on the 30th December, 1805; and thence, with the western and northern boundaries of the cessions heretofore made by the said Kickapoo tribe of Indians, to the beginning. Of which last described tract of land, the said Kickapoo tribe claim a large portion, by descent from their ancestors, and the balance by conquest from the Illinois nation, and uninterrupted possession for more than half a century.

Art. 2. The said tribe hereby confirm all their former treaties with

Confirmation of former treaties, &c.

the United States, and relinquish to them all claim to every portion of their lands which may have been ceded by any other tribe or tribes, and all and every demand which they might have had, in consequence of the second article of the treaty made with the Pottawattamy nation of Indians

Ante, p. 185.

at St. Mary’s, on the 2d October, 1818.

201

Art. 3. The said tribe acknowledge themselves now to be, and promise

Protection of U. S. acknowledged.

to continue, under the protection of the United States of America, and of no other nation, power, or sovereign, whatever.

Art. 4. The said tribe release the United States from all obligations

U. S. released from obligations.

imposed by any treaties heretofore made with them.

Art. 5. The United States, in lieu of all former stipulations, and in

Annuity to Indians.

consideration of cessions of land heretofore made by the said tribe, promise to pay them, at their town on the waters of the Osage river, two thousand dollars in silver, annually, for fifteen successive years.

Art. 6. In consideration of the cession made by the aforesaid tribe,

U.S. pay $3000 worth of merchandise, and cede a tract of land in Missouri, &c.

in the first article of this treaty, the United States, in addition to three thousand dollars worth of merchandise this day paid to the said tribe, hereby cede to them, and their heirs for ever, a certain tract of land lying in the territory of Missouri, and included within the following boundaries, viz: Beginning at the confluence of the rivers Pommes de Terre and Osage; thence, up said river Pommes de Terre, to the dividing ridge which separates the waters of Osage and White rivers; thence, with said ridge, and westwardly, to the Osage line; thence, due north with said line, to Nerve creek; thence, down the same, to a point due south of the Mouth of White Clay, or Richard Creek; thence, north, to the Osage river; thence, down said river, to the beginning: Provided, nevertheless, That the said tribe shall never sell the said land

Proviso.

without the consent of the President of the United States.

Art. 7. The United States promise to guaranty to the said tribe the

U.S. guaranty peaceable possession of the tract ceded.

peaceable possession of the tract of land hereby ceded to them, and to restrain and prevent all white persons from hunting, settling, or otherwise intruding upon it. But any citizen or citizens of the United States, being lawfully authorized for that purpose, shall be permitted to pass and repass through the said tract, and to navigate the waters thereof, without any hindrance, toll, or exaction, from the said tribe.

Art. 8. For the purpose of facilitating the removal of the said tribe

U.S. to furnish boats, &c.

to the tract of land hereby ceded to them, the United States will furnish them with two boats, well manned, to transport their property, from any point they may designate on the Illinois river, and some judicious citizen shall be selected to accompany them, in their passage through the white settlements, to their intended residence.

Art. 9. The United States will take the said Kickapoo tribe under

U. S. will take the Kickapoos under their protection.

their care and patronage, and will afford them protection against all persons whatever, provided they conform to the laws of the United States, and refrain from making war, or giving any insult or offence to any other Indian tribe, or to any foreign nation, without first having obtained the approbation and consent of the United States.

Art. 10. The said tribe, in addition to their above described cessions,

The tribe relinquish all tracts on the left of the Illinois and Mississippi.

do hereby cede and relinquish to the United States, generally, and without reservation, all other tracts of land to which they have any right or title on the left side of the Illinois and Mississippi rivers.

In testimony whereof, the Commissioners aforesaid, and the undersigned Chiefs and Warriors as aforesaid, have hereunto subscribed their names and affixed their seals.

Done at Edwardsville, in the state of Illinois, this thirtieth day of July, in the year of our Lord one thousand eight hundred and nineteen, and of the Independence of the United States the forty-fourth.

AUG. CHOUTEAU, BEN. STEPHENSON. 202

Pemoatam,

Little Thunder, by the White Elk,

Keetatta,

Tecko,

Weeseetee,

Meekasaw,

Neekawnakoa,

Pacan, by Petshekosheek,

Wawpeekonyaw,

Peekoneea,

Anckoaw,

Namattsheekeeaw,

Sawkeema,

Wawpeepoaw,

Paneessa,

Pawkonasheeno,

Ankwiskkaw,

Shekoan,

Pasheeto,

Wawpackeshaw,

Awwatshee,

Mawotoho,

Keetshay.

Signed, sealed, and delivered, in presence of the following witnesses: Pascal Cerre, Secretary to the Commissioners. Jacques Mette, Interpreter. Ninian Edwards, John Dew, Thornton Peeples, Tilley Merrick, Dan. D. Smith, Isaac A. Douglass, Edmund Randle, Palemon H. Wenchester, N. Buckmaster, Thomas Harcens, Henry Head, John Wilson, Joseph Doer, Elbert Perry, Joseph Remington, J. L. Barton, David Roach, William Head, John Lee Williams, Wm. W. Hickman, Jacob Prickett, James Watt, Joseph B. Lewis, Jona. H. Pugh, William P. M‘Kee, Stephen Johnson, Nathan Clampet, Reuben Hopkins, Joseph Newman.

To the Indian names are subjoined marks.

1819-08-30 Treaty 7 Stat. 202 Made and concluded by Benjamin Parke, a commissioner on the
Aug. 30, 1819.
Proclamation, May 10, 1820.
part of the United States of America, of the one part, and the Chiefs, Warriors, and Head Men, of the tribe of Kickapoos of the Vermilion, of the other part.

Art. 1. The Chiefs, Warriors, and Head Men, of the said tribe,

Kickapoos cede all their lands on the Wabash, &c.

agree to cede, and hereby relinquish, to the United States, all the lands which the said tribe has heretofore possessed, or which they may rightfully claim, on the Wabash river, or any of its waters.

Art. 2. And to the end that the United States may be enabled to

Boundaries of the cession.

fix with the other Indian tribes a boundary between their respective claims, the Chiefs, Warriors, and Head Men, of the said tribe, do hereby declare, that their rightful claim is as follows, viz: beginning at the northwest corner of the Vincennes tract; thence, westwardly, by the boundary established by a treaty with the Piankeshawa, on the thirtieth day of December, eighteen hundred and five, to the dividing ridge between the waters of the Embarras and the Little Wabash; thence, by the said ridge, to the source of the Vermilion river; thence, by the same ridge, to the head of Pine creek; thence, by the said creek, to the Wabash river; thence, by the said river, to the mouth of the Vermilion river, and thence by the Vermilion, and the boundary heretofore established, to the place of beginning.

Art. 3. The said Chiefs, Warriors, and Head Men, of the said tribe,

Kickapoos relinquish annuity of $1000.

agree to relinquish, and they do hereby exonerate and discharge the United States from, the annuity of one thousand dollars, to which they are now entitled. In consideration whereof, and of the cession hereby

Consideration for cession.

made, the United States agree to pay the said tribe two thousand dollars annually, in specie, for ten years; which, together with three thousand dollars now delivered, is to be considered a full compensation for the cession hereby made, as also of all annuities, or other claims, of the said tribe against the United States, by virtue of any treaty with the said United States.

203TREATY WITH THE CHIPPEWAS. 1819.

Art. 4. As the said tribe contemplate removing from the country

Annuity, where to be paid.

Post, p. 210.

they now occupy, the annuity herein provided for shall be paid at such place as may be hereinafter agreed upon between the United States and said tribe.

Art. 5. This treaty, after the same shall be ratified by the President

Treaty binding when ratified.

and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof, the said Benjamin Parke, commissioner as aforesaid, and the Chiefs, Warriors, and Head Men, of the said tribe, have hereunto set their hands, at Fort Harrison, the thirtieth day of August, in the year eighteen hundred and nineteen.

B. PARKE.

Wagohaw,

Tecumcena,

Kaahna,

Macacanaw,

La Ferine,

Macatewaket,

Pelecheah,

Kechemaquaw,

Pacakinqua.

In the presence of Jno. Law, Secretary to the Commissioner. William Prince, Indian Agent. William Markle. Andrew Brooks. Pierre Laplante. James C. Turner. Samuel L. Richardson. Michel Brouillet, U. S. Interpreter.

To the Indian names are subjoined marks.

1819-09-24 Treaty 7 Stat. 203 ARTICLES OF A TREATY Made and concluded at Saginaw, in the Territory of Michigan,
Sept. 24, 1819.
Proclamation, March 25, 1820.
between the United States of America, by their Commissioner, Lewis Cass, and the Chippewa nation of Indians.

Art. 1. The Chippewa nation of Indians, in consideration of the

The Chippewas cede land to U. S.

Bounds of the cession.

stipulations herein made on the part of the United States, do hereby, forever, cede to the United States the land comprehended within the following lines and boundaries: Beginning at a point in the present Indian boundary line, which runs due north from the mouth of the great Auglaize river, six miles south of the place where the base line, so called, intersects the same; thence, west, sixty miles; thence, in a direct line, to the head of Thunder Bay River; thence, down the same, following the courses thereof, to the mouth; thence, northeast, to the boundary line between the United States and the British Province of Upper Canada; thence, with the same, to the line established by the treaty of Detroit, in the year one thousand eight hundred and seven; thence, with the said line, to the place of beginning.

Art. 2.

From the cession aforesaid the following tracts of land shall

Reservations from the cession.

be reserved, for the use of the Chippewa nation of Indians:

One tract, of eight thousand acres, on the east side of the river Au Sable, near where the Indians now live.

One tract, of two thousand acres, on the river Mesagwisk.

One tract, of six thousand acres, on the north side of the river Kawkawling, at the Indian village.

One tract, of five thousand seven hundred and sixty acres, upon the Flint river, to include Reaum’s village, and a place called Kishkawbawee.

204

One tract, of eight thousand acres, on the head of the river Huron, which empties into the Saginaw river, at the village of Otusson.

One island in the Saginaw Bay.

One tract, of two thousand acres, where Nabobask formerly lived.

One tract, of one thousand acres, near the island in the Saginaw river.

One tract, of six hundred and forty acres, at the bend of the river Huron, which empties into the Saginaw river.

One tract, of two thousand acres, at the mouth of Point Augrais river.

One tract, of one thousand acres, on the river Huron, at Menoequet’s village.

One tract, of ten thousand acres, on the Shawassee river, at a place called the Big Rock.

One tract, of three thousand acres, on the Shawassee river, at Ketchewaundaugenink.

One tract, of six thousand acres, at the Little Forks on the Tetabawasink river.

One tract, of six thousand acres, at the Black Bird’s town, on the Tetabawasink river.

One tract, of forty thousand acres, on the west side of the Saginaw river, to be hereafter located.

Art. 3.

There shall be reserved, for the use of each of the persons

Reservations for persons named.

hereinafter mentioned and their heirs, which persons are all Indians by descent, the following tracts of land:

For the use of John Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres of land, beginning at the head of the first marsh above the mouth of the Saginaw river, on the east side thereof.

For the use of Peter Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres of land, beginning above and adjoining the apple trees on the west side of the Saginaw river, and running up the same for quantity.

For the use of James Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres, beginning on the east side of the Saginaw river, nearly opposite to Campeau’s trading house, and running up the river for quantity.

For the use of Kawkawiskou, or the Crow, a Chippewa chief, six hundred and forty acres of land, on the east side of the Saginaw river, at a place called Menitegow, and to include, in the said six hundred and forty acres, the island opposite to the said place.

For the use of Nowokeshik, Metawanene, Mokitchenoqua, Nondashemau, Petabonaqua, Messawwakut, Checbalk, Kitchegeequa, Sagosequa, Annoketoqua, and Tawcumegoqua, each, six hundred and forty acres of land, to be located at and near the grand traverse of the Flint river, in such manner as the President of the United States may direct.

For the use of the children of Bokowtonden, six hundred and forty acres, on the Kawkawling river.

Art. 4. In consideration of the cession aforesaid, the United States

Payment to Chippewas.

agree to pay to the Chippewa nation of Indians, annually, for ever, the sum of one thousand dollars in silver; and do also agree that all annuities due by any former treaty to the said tribe, shall be hereafter paid in silver.

Art. 5. The stipulation contained in the treaty of Greenville, relative

Right of hunting and making sugar on lands ceded, granted.

to the right of the Indians to hunt upon the land ceded, while it continues the property of the United States, shall apply to this treaty; and the Indians shall, for the same term, enjoy the privilege of making sugar upon the same land, committing no unnecessary waste upon the trees.

205

Art. 6. The United States agree to pay to the Indians the value of

U. S. to pay for Indian improvements.

any improvements which they may be obliged to abandon, in consequence of the lines established by this treaty, and which improvements add real value to the land.

Art. 7. The United States reserve to the proper authority the right

U. S. reserve right to make roads.

to make roads through any part of the land reserved by this treaty.

Art. 8. The United States engage to provide and support a blacksmith

U.S. to furnish a blacksmith, &c.

for the Indians, at Saginaw, so long as the President of the United States may think proper, and to furnish the Chippewa Indians with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient.

Art. 9. This treaty shall take effect, and be obligatory on the contracting

Treaty to be obligatory when ratified.

parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

In testimony whereof, the said Lewis Cass, commissioner as aforesaid, and the Chiefs and Warriors of the Chippewa nation of Indians, have hereunto set their hands, at Saginaw, in the Territory of Michigan, this twenty-fourth day of September, in the year of our Lord one thousand eight hundred and nineteen.

LEWIS CASS.

Pakenosega,

Kekenutchegs,

Chimokemow,

Kekenutchegun,

Mocksonga,

Noukowabe,

Shingwalk,

Shingwalk, jun.

Wawaubequak,

Pashkobwis,

Muskobenense,

Waubonoosa,

Wausaquanai,

Minequet,

Otauson,

Tussegua,

Mixabee,

Kitchewawashen,

Neebeenaquin,

Anueemaycounbeeme,

Onewequa,

Nayokeuman,

Peshquescum,

Muckcumcinau,

Kitchecnoting,

Waubeekenew,

Pashkeckou,

Mayto,

Sheemaugua,

Kauguest,

Kitsheematush,

Aneuwayba,

Walkcaykeejugo,

Autowaynabee,

Nawgonissee,

Owenisham,

Wauweeyatam,

Shawshauwenambais,

Okooyousinse,

Ondottowaugane,

Amickoneena,

Kitcheonundeeyo,

Saugassauway,

Okeemaopeenaysee,

Minggeeseetay,

Waubishcan,

Peaypaymanshoe,

Ocanauck,

Ogeebouinse,

Paymeenoting,

Naynnoautienishkoan,

Kaujagonaygee,

Mayneeseno,

Kakagouryan,

Meewayson,

Wepecumgegut,

Markkenwuwbe,

Fonegawne,

Nemetetowwa,

Kitchmokooman,

Kishkaukou,

Peenaysee,

Ogemaunkeketo,

Reaume,

Nowkeshuc,

Mixmunitou,

Wassau,

Keneobe,

Moksauba,

Mutchwetau,

Nuwagon,

Okumanpinase,

Mockseonne,

Paupemiskobe,

Kogkakeshik,

Wauwassack,

206TREATY WITH THE CHIPPEWAS. 1820.

Misheneanonquet,

Okemans,

Nimeke,

Manelcugobwawas,

Puckwash,

Waseneso,

Mantons,

Kennewobe,

Aguagonabe,

Sigonak,

Kokoosb,

Pemaw,

Kawotoktame,

Sabo,

Kewageone,

Metewa,

Kawgeshequm,

Keyacum,

Atowagesek,

Mawmawkens,

Mamawsecuta,

Penaysewaykesek,

Kewaytinam,

Sepewan,

Shashebak,

Shaconk,

Mesnakrea,

Singgok,

Maytwayaushing,

Sagubosh,

Saybo,

Obwole,

Paymusawtom,

Endus,

Aushetayawnekusa,

Wawapenishik,

Omikou,

Leroy.

Witnesses at saginaw:—John L. Leib, Secretary. D. G. Whitney, Assistant Secretary. C. L. Cass, Capt. 3d Infantry. R. A. Forsyth, jr. acting commissioner. Chester Root, Capt. U. S. Artillery. John Peacock, Lieut. 3d U. S. Infantry. G. Godfroy, sub-Agent. W. Knaggs, sub-Agent. William Tucky, Louis Beufort, John Hurson, sworn Interpreters. James V. S. Ryley. B. Campau. John Hill, Army Contractor. J. Whipple. Henry I. Hunt. William Keith. A. E. Lacock, M. S. K. Richard Smyth. Louis Dequindre. B. Head. John Smyth. Conrad Ten Eyck.

To the Indian names are subjoined marks.

1820-06-16 Treaty 7 Stat. 206 Made and concluded at the Sault de St. Marie, in the Territory
June 16, 1820.
Proclamation, March 2, 1821.
of Michigan, between the United States, by their Commissioner Lewis Cass, and the Chippeway tribe of Indians.

Art. 1. The Chippeway tribe of Indians cede to the United States

Cession by the Chippewas.

the following tract of land: Beginning at the Big Rock, in the river St. Mary’s, on the boundary line between the United States and the British Province of Upper Canada; and, running thence, down the said river, with the middle thereof, to the Little Rapid; and, from those points, running back from the said river, so as to include sixteen square miles of land.

Art. 2. The Chippeway tribe of Indians acknowledge to have

Receipt of goods acknowledged.

received a quantity of goods in full satisfaction of the preceding cession.

Art. 3. The United States will secure to the Indians a perpetual

Perpetual right of fishing at the falls of St. Mary’s secured to Indians.

right of fishing at the falls of St. Mary’s, and also a place of encampment upon the tract hereby ceded, convenient to the fishing ground, which place shall not interfere with the defences of any military work which may be erected, nor with any private rights.

Art. 4. This treaty, after the same shall be ratified by the President

Treaty binding when ratified.

of the United States, by and with the advice and consent of the Senate thereof, shall be obligatory on the contracting parties.

In witness whereof, the said Lewis Cass, Commissioner as aforesaid, and the Chiefs and Warriors of the said Chippeway tribe of Indians, have hereunto set their hands, at the place aforesaid, this sixteenth day of June, in the year of our Lord one thousand eight hundred and twenty.

LEWIS CASS. 207TREATY WITH THE OTTAWAS AND CHIPPEWAS. 1820.

Shingaubaywassin,

Kageash,

Sagishewayoson,

Wayishikey,

Nenowaiskam,

Wasawaton,

Wemiguenacwanay,

Nabinois,

Macadaywacwet,

Shaiwabekaton,

Netaway,

Knibayway,

Nawoqueshqum,

Tawabit,

Augustin Bart.

Witnesses present:—R. A. Forsyth, Secretary. Alex. Wolcott, Jr. Indian Agent, Chicago. D. B. Douglass, Capt. U. S. Engineers. Æneas Mackay, Lieut. corps Artillery. John J. Pierce, Lieut. Artillery. Henry R. Schoolcraft, Mineralogist to the Expedition. James Duane Doty. Charles C. Trowbridge. Alex. R. Chase. Jas. Ryley, Sworn Interpreter.

To the Indian names are subjoined marks.

1820-07-06 Treaty 7 Stat. 207 Made and concluded at L’Arbre Croche and Michilimackinac, in
July 6, 1820.
Proclamation, March 8, 1821.
the territory of Michigan, between the United States of America, by their Commissioner Lewis Cass, and the Ottawa and Chippewa nations of Indians.

Art. 1. The Ottawa and Chippewa nations of Indians cede to the

St. Martin Islands ceded to the U.S.

United States the Saint Martin Islands in Lake Huron, containing plaster of Paris, and to be located under the direction of the United States.

Art. 2. The Ottawa and Chippewa nations of Indians acknowledge

Goods in full satisfaction to the Indians.

to have this day received a quantity of goods in full satisfaction of the above cession.

Art. 3. This treaty shall be obligatory on the contracting parties

Treaty binding when ratified.

after 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 Lewis Cass, Commissioner as aforesaid, and the Chiefs and Warriors of the Ottawa and Chippewa nations of Indians, have hereunto set their hands, at Michilimackinac and L’Arbre Croche, in the Territory of Michigan, this 6th day of July, in the year of our Lord one thousand eight hundred and twenty.

LEWIS CASS.

Ottawa Chiefs.

Skahjenini,

Pahquesegun, or Smoking Weed,

Chemoqueman, or Big Knife,

Misesonguay,

Papametaby,

Coitaw,

Shawanoe,

Oninjuega, or Wing, Ottawa Chief,

Cuddimalmese, or Black Hawk, Ottawa Chief,

Dionesau,

Kojenoikoose, or Long.

Ottawas.

Kenojekum, or Pike,

Cachetokee,

Gimoewon, or Rain,

Chiboisquisegun, or Big Gun,

Skubinesse, or Red Bird,

Weashe,

Nebagnan.

Chippewa Chiefs.

Ainse,

Shaganash, or Englishman.

Witnesses present:—Jed. Morse, D. D. Gilbert Knapp. Richard C. Morse. H. G. Gravenant, Sworn Interpreter. George Boyd, Indian Agent.

To the Indian names are subjoined a mark and seal.

1820-07-19 Treaty 7 Stat. 208 A TREATY, Made and concluded by, and between, Auguste Chouteau and
July 19, 1820.
Proclamation, Jan. 13, 1821.
Benjamin Stephenson, Commissioners of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned Chiefs and Warriors, of the Kickapoo tribe of Indians, on the part and behalf of their said Nation, of the other part, the same being supplementary to, and amendatory of, the Treaty made and concluded at Edwardsville, on the 30th July, 1819, between the United States and the said Kickapoo nation.

Art. 1.

It is agreed, between the United States and the Kickapoo

Sixth article of treaty of Edwardsville altered and amended.

tribe of Indians, that the sixth article of the treaty, to which this is supplementary, shall be, and the same is hereby, altered and amended, so as to read as follows, viz:

In consideration of, and exchange for, the cession made by the aforesaid

Substitute for said sixth article.

tribe, in the first article of this treaty, the United States, in addition to three thousand dollars worth of merchandise, this day paid to the said tribe, hereby cede to the said tribe, to be by them possessed in like manner as the lands, ceded by the first article of this treaty by them to the United States, were possessed, a certain tract of land in the territory of Missouri, and included within the following boundaries, viz: Beginning at the confluence of the rivers Pommes de Terre and Osage; thence, up said river Pommes de Terre, to the dividing ridge which separates the waters of Osage and White rivers; thence, with said ridge, and westwardly, to the Osage line; thence, due north with said line, to Nerve creek; thence, down the same, to a point due south of the mouth of White Clay, or Richard creek; thence, north, to the Osage river; thence, down said river, to the beginning.

In testimony whereof, the Commissioners aforesaid, and the undersigned Chiefs and Warriors as aforesaid, have hereunto subscribed their names and affixed their seals.

Done at St. Louis, in the Territory of Missouri, the 19th of July, in the year of our Lord one thousand eight hundred and twenty, and of the Independence of the United States the forty-fifth.

AUG. CHOUTEAU, BEN. STEPHENSON.

Pemoatam,

Quitattay,

Pawpaussapecawaw,

Waysheeown,

Paywaneckway,

Keeawnaw,

Shee Sheep,

Keesawonaw,

Mawkwawteppa,

Waywetsheecawpaw,

Keeotay,

Wawponashee,

Weepokothee,

Paysheessaw,

Wawpee Konyaw,

Anckoaw,

Namatchee,

Wakykapa,

Keechkakoy,

Saw Koy,

Namatt Shee Keeaw,

Keesasway,

Pemoatam Oseemin,

Wawpeepoaw,

Mentowta,

Pawpaw Keemene,

Sheekeemakow,

Pawkonesheeno.

208TREATY WITH THE WEAS. 1820.209

Signed, sealed, and delivered, in presence of the following witnesses: Pascal Cerre, Secretary to the Commissioners. Jacques Mette, Interpreter. Jn. Ruland, Sub Agent. Th. Estes, Geo. Y. Bright, J. Brand, Mal. Detandebarat, Gabriel G. Chouteau, Henry P. Chouteau, Felix St. Vrain, G. P. Cerre, F. Simon, Peter Didier, T. Goddard, Gl. Paul, R. Paul, Col. Mi. Mia, Tho. T. Loury, T. B. Mathurin, P. Provenchere.

To the Indian names are subjoined marks.

1820-08-11 Treaty 7 Stat. 209 Made and concluded by Benjamin Parke, a Commissioner for
Aug. 11, 1820.
Proclamation, Jan. 8, 1821.
that purpose on the part of the United States, of the one part; and the Chiefs, Warriors, and Head Men, of the Wea tribe of Indians, of the other part.

Art. 1. The Chiefs, Warriors, and Head Men, of the said Tribe,

Cession by the Weas.

Ante, p. 186.

agree to cede, and they do hereby cede and relinquish, to the United States all the lands reserved by the second article of the Treaty between the United States and the said Tribe, concluded at Saint Mary’s, on the second day of October, eighteen hundred and eighteen.

Art. 2. The sum of five thousand dollars, in money and goods,

$5000, in money and goods, in full satisfaction to the tribe.

which is now paid and delivered by the United States, the receipt whereof the Chiefs, Warriors, and Head Men, of the said Tribe, do hereby acknowledge, is considered by the parties a full compensation for the cession and relinquishment above mentioned.

Art. 3. As it is contemplated by the said Tribe, to remove from the

Annuity to be hereafter paid at Kaskaskia.

Wabash, it is agreed, that the annuity secured to the Weas, by the Treaty of Saint Mary’s, above mentioned, shall hereafter be paid to them at Kaskaskia, in the state of Illinois.

Art. 4. This Treaty, as soon as it is ratified by the President and

Treaty binding when ratified.

Senate of the United States, to be binding on the contracting parties.

In testimony whereof, the said Benjamin Parke, Commissioner as aforesaid, and the said Chiefs, Warriors, and Head Men, of the said Tribe, have hereunto set their hands, at Vincennes, this eleventh day of August, eighteen hundred and twenty.

B. PARKE.

Maquakonoga, or Negro Legs,

Chequiat, or Little Eyes,

Mo Tacoshia, the Frenchman,

Gu Ta Shemi Tai, or Thunder,

Konacosah Ta, or Long Body,

Wapou Kean, or Swan,

Laushepate Ta, or Two Teeth,

Meahanet, the Lean Man,

Cheholcah, the Dipper,

Ceholesehaquah, Bullet Mould,

Samaquah, Yellow Bearer,

Chasahwaha, or Rifle,

Go To paquah, or the Lone Tree,

Chikousah, or Mink,

Techo Pa Low, or Shirt,

Pa Lon Swa, Francis.

In presence of John Law, Secretary to the Commissioner. William Prince, Indian Agent. Nathl. Ewing. W. E. Breading. E. Boudinot. Pr. Laplante. Michel Brouillet, United States’ Interpreter.

To the Indian names are subjoined marks.

1820-09-05 Convention 7 Stat. 210 ARTICLES OF A CONVENTION Made and concluded, between Benjamin Parke, a Commissioner
Sept. 5, 1820.
Proclamation, Jan. 8, 1821.
on the part of the United States, for that purpose, of the one part, and the Chiefs, Warriors, and Head Men, of the Tribe of Kickapoos of the Vermilion, of the other part.

Art. 1. It is agreed, that the annuity secured to the said Tribe, by

Annuity to be hereafter paid at Kaskaskia.

Ante, p. 202.

the Treaty of the thirtieth of August, eighteen hundred and nineteen, shall hereafter be paid to the said Tribe at Kaskaskias, in the state of Illinois.

Art. 2. As the said Tribe are now about leaving their settlements

$2000 paid to enable them to remove; in full for annuity of 1821.

on the Wabash, and have desired some assistance to enable them to remove, the said Benjamin Parke, on behalf of the United States, has paid and advanced to the said Tribe, two thousand dollars, the receipt whereof is hereby acknowledged; which said sum of two thousand dollars, is to be considered as an equivalent, in full, for the annuity due the said Tribe, by virtue of the aforesaid Treaty, for the year eighteen hundred and twenty-one.

In testimony whereof, the said Benjamin Parke, Commissioner as aforesaid, and the Chiefs, Warriors, and Head Men, of the said Tribe, have hereunto set their hands, at Vincennes, the fifth day of September, eighteen hundred and twenty.

B. PARKE.

Wagohaw,

Tecumsena,

Polecheah,

Kechemaqua,

Paca Rinqua,

Katewah,

Nasa Reah.

In presence of William Prince, Indian Agent. Samuel Jacobs. R. S. Reynolds. George R. C. Sullivan, Vincennes Postmaster. Toussaint Dubois. Michel Brouillet, Interpreter.

To the Indian names are subjoined marks.

1820-10-18 Treaty 7 Stat. 210 A TREATY OF FRIENDSHIP, LIMITS, AND ACCOMMODATION, Between the United States of America and the Choctaw nation
Oct. 18, 1820.
Proclamation, Jan. 8, 1821.
of Indians, begun and concluded at the Treaty Ground, in said nation, near Doak’s Stand, on the Natchez Road.

PREAMBLE. Whereas it is an important object with the President of the United

Objects of the treaty.

States, to promote the civilization of the Choctaw Indians, by the establishment of schools amongst them; and to perpetuate them as a nation, by exchanging, for a small part of their land here, a country beyond the Mississippi River, where all, who live by hunting and will not work, may be collected and settled together.—And whereas it is desirable to 210TREATY WITH THE CHOCTAWS. 1820.211 the state of Mississippi, to obtain a small part of the land belonging to said nation; for the mutual accommodation of the parties, and for securing the happiness and protection of the whole Choctaw nation, as well as preserving that harmony and friendship which so happily subsists between them and the United States, James Monroe, President of the United States of America, by Andrew Jackson, of the State of Tennessee, Major General in the Army of the United States, and General Thomas Hinds, of the State of Mississippi, Commissioners Plenipotentiary of the United States, on the one part, and the Mingoes, Head Men, and Warriors, of the Choctaw nation, in full Council assembled, on the other part, have freely and voluntarily entered into the following articles, viz:

Art. 1. To enable the President of the United States to carry into

Cession of lands by the Choctaws.

effect the above grand and humane objects, the Mingoes, Head Men, and Warriors, of the Choctaw nation, in full council assembled, in behalf of themselves and the said nation, do, by these presents, cede to the United States of America, all the land lying and being within the boundaries following, to wit:—Beginning on the Choctaw boundary,

Bounds of the cession.

East of Pearl River, at a point due South of the White Oak spring, on the old Indian path; thence north to said spring; thence northwardly to a black oak, standing on the Natchez road, about forty poles eastwardly from Doake’s fence, marked A. J. and blazed, with two large pines and a black oak standing near thereto, and marked as pointers; thence a straight line to the head of Black Creek, or Bouge Loosa; thence down Black Creek or Bouge Loosa to a small Lake; thence a direct course, so as to strike the Mississippi one mile below the mouth of the Arkansas River; thence down the Mississippi to our boundary; thence around and along the same to the beginning.

Art. 2. For and in consideration of the foregoing cession, on the

U. S. cede a tract of country west of the Mississippi.

part of the Choctaw nation, and in part satisfaction for the same, the Commissioners of the United States, in behalf of said States, do hereby cede to said nation, a tract of country west of the Mississippi River, situate between the Arkansas and Red River, and bounded as follows:—Beginning on the Arkansas River, where the lower boundary line of

Boundaries.

the Cherokees strikes the same; thence up the Arkansas to the Canadian Fork, and up the same to its source; thence due South to the Red River; thence down Red River, three miles below the mouth of Little River, which empties itself into Red River on the north side; thence a direct line to the beginning.

Art. 3. To prevent any dispute upon the subject of the boundaries

Commissioners to ascertain the boundaries.

mentioned in the 1st and 2d articles, it is hereby stipulated between the parties, that the same shall be ascertained and distinctly marked by a Commissioner, or Commissioners, to be appointed by the United States, accompanied by such person as the Choctaw nation may select; said nation having thirty days previous notice of the time and place at which the operation will commence. The person so chosen by the Choctaws,

A Choctaw guide at $2 per day.

shall act as a pilot or guide, for which the United States will pay him two dollars per day, whilst actually engaged in the performance of that duty.

Art. 4. The boundaries hereby established between the Choctaw

Boundaries east of the Mississippi to remain, until, &c.

Indians and the United States, on this side of the Mississippi river, shall remain without alteration until the period at which said nation shall become so civilized and enlightened as to be made citizens of the United States, and Congress shall lay off a limited parcel of land for the benefit of each family or individual in the nation.

212

Art. 5. For the purpose of aiding and assisting the poor Indians,

A blanket, kettle, &c. to each warrior removing.

who wish to remove to the country hereby ceded on the part of the United States, and to enable them to do well and support their families, the Commissioners of the United States engage, in behalf of said States, to give to each warrior a blanket, kettle, rifle gun, bullet moulds and nippers, and ammunition sufficient for hunting and defence, for one year. Said warrior shall also be supplied with corn to support him and his family, for the same period, and whilst travelling to the country above ceded to the Choctaw nation.

Art. 6. The Commissioners of the United States further covenant

An agent for the Choctaws, &c.

and agree, on the part of said States, that an agent shall be appointed, in due time, for the benefit of the Choctaw Indians who may be permanently settled in the country ceded to them beyond the Mississippi river, and, at a convenient period, a factor shall be sent there with goods, to supply their wants. A Blacksmith shall also be settled amongst them,

A blacksmith.

at a point most convenient to the population; and a faithful person appointed, whose duty it shall be to use every reasonable exertion to collect all the wandering Indians belonging to the Choctaw nation, upon the land hereby provided for their permanent settlement.

Art. 7. Out of the lands ceded by the Choctaw nation to the United

Land to be sold for support of Choctaw schools.

States, the Commissioners aforesaid, in behalf of said States, further covenant and agree, that fifty-four sections of one mile square shall be laid out in good land, by the President of the United States, and sold, for the purpose of raising a fund, to be applied to the support of the Choctaw schools, on both sides of the Mississippi river. Three-fourths of said fund shall be appropriated for the benefit of the schools here; and the remaining fourth for the establishment of one or more beyond the Mississippi; the whole to be placed in the hands of the President of the United States, and to be applied by him, expressly and exclusively, to this valuable object.

Art. 8. To remove any discontent which may have arisen in the

An additional tract of land for raising a fund for the nation, &c.

Choctaw Nation, in consequence of six thousand dollars of their annuity having been appropriated annually, for sixteen years, by some of the chiefs, for the support of their schools, the Commissioners of the United States oblige themselves, on the part of said States, to set apart an additional tract of good land, for raising a fund equal to that given by the said chiefs, so that the whole of the annuity may remain in the nation, and be divided amongst them. And in order that exact justice may be done to the poor and distressed of said nation, it shall be the duty of the agent to see that the wants of every deaf, dumb, blind, and distressed, Indian, shall be first supplied out of said annuity, and the balance equally distributed amongst every individual of said nation.

Art. 9. All those who have separate settlements, and fall within the

Provision for Indians who remain, &c.

limits of the land ceded by the Choctaw nation to the United States, and who desire to remain where they now reside, shall be secured in a tract or parcel of land one mile square, to include their improvements. Any one who prefers removing, if he does so within one year from the date of this treaty, shall be paid their full value, to be ascertained by two persons, to be appointed by the President of the United States.

Art. 10. As there are some who have valuable buildings on the

An equivalent to such as have valuable buildings, if they remove, &c.

roads and elsewhere upon the lands hereby ceded, should they remove, it is further agreed by the aforesaid Commissioners, in behalf of the United States, that the inconvenience of doing so shall be considered, and such allowance made as will amount to an equivalent. For this purpose, there shall be paid to the Mingo, Puckshenubbee, five hundred dollars; to Harrison, two hundred dollars; to Captain Cobb, two 213 hundred dollars; to William Hays, two hundred dollars; to O’Gleno, two hundred dollars; and to all others who have comfortable houses, a compensation in the same proportion.

Art. 11. It is also provided by the Commissioners of the United

Payment to Choctaws for services.

States, and they agree in behalf of said states, that those Choctaw Chiefs and Warriors, who have not received compensation for their services during the campaign to Pensacola, in the late war, shall be paid whatever is due them over and above the value of the blanket, shirt, flap, and leggins, which have been delivered to them.

Art. 12. In order to promote industry and sobriety amongst all classes

Agent may seize and confiscate whiskey, unless, &c.

of the Red people, in this nation, but particularly the poor, it is further provided by the parties, that the agent appointed to reside here, shall be, and he is hereby, vested with full power to seize and confiscate all the whiskey which may be introduced into said nation, except that used at public stands, or brought in by the permit of the agent, or the principal Chiefs of the three Districts.

Art. 13. To enable the Mingoes, Chiefs, and Head Men, of the

Provision for raising a corps of light-horse, &c.

Choctaw nation, to raise and organize a corps of Light-Horse, consisting of ten in each District, so that good order may be maintained, and that all men, both white and red, may be compelled to pay their just debts, it is stipulated and agreed, that the sum of two hundred dollars shall be appropriated by the United States, for each district, annually, and placed in the hands of the agent, to pay the expenses incurred in raising and establishing said corps; which is to act as executive officers, in maintaining good order, and compelling bad men to remove from the nation, who are not authorized to live in it by a regular permit from the agent.

Art. 14. Whereas the father of the beloved Chief Mushulatubbee,

Annuity to Mushulatubbee.

of the Lower Towns, for and during his life, did receive from the United States the sum of one hundred and fifty dollars, annually; it is hereby stipulated, that his son and successor Mushulatubbee, shall annually be paid the same amount during his natural life, to commence from the ratification of this Treaty.

Art. 15. The peace and harmony subsisting between the Choctaw

Peace and harmony perpetual.

Nation of Indians and the United States, are hereby renewed, continued, and declared to be perpetual.

Art. 16. These articles shall take effect, and become obligatory on

Treaty binding when ratified.

the contracting parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.

[Interlined before signed.]

In testimony whereof, the Commissioners Plenipotentiary of the United States, and the Mingoes, Head Men, and Warriors, of the Choctaw Nation, have hereunto subscribed their names and affixed their seals, at the place above written, this eighteenth day of October, in the year of our Lord one thousand eight hundred and twenty; and of the Independence of the United States the forty-fifth.

$\begin{matrix} ANDREW JACKSON, \\ THOMAS HINDS, \end{matrix}} \begin{matrix} Commissioners. \end{matrix}$

Medal Mingoes.

Puckshenubbe,

Pooshawattaha,

Mushulatubbee.

Chiefs and Warriors.

General Humming Bird,

James Harrison,

Talking Warrior,

214

Little Leader,

Captain Bob Cole,

Red Fort, or Oolatahooma,

Choctawistonocka,

Oglano,

Chuleta,

John Frazier,

Oakchummia,

Nockestona,

Chapahooma,

Onanchahabee,

Copatanathoco,

Atahobia,

Opehoola,

Chetantanchahubbee,

Captain Lapala,

Panchahabhee,

Chuckahicka,

Tallahomia,

Totapia,

Hocktanlubbee,

Tapawanchahubbee,

Capt. Red Bird,

Capt. Jerry Carney,

Chapanchahabbee,

Tunnupnuia,

Ponhoopin,

Ticbehacubbee,

Suttacanchihubbee,

Capt. William Beams,

Captain James Pitchlynn,

Capt. James Garland,

Tapanahomia,

Thlahomia,

Tishotata,

Inoquia,

Ultetoncubbee,

Palochubbee,

Jopannu,

Captain Joel H. Vail,

Tapanastonahamia,

Hoopihomia,

Chelutahomia,

Tuskiamingo,

Young Captain,

Hakatubbee,

Tishoo,

Capt. Bobb,

Hopeanchahabee,

Capt. Bradley,

Capt. Daniel McCurtain,

Mucklisahopia,

Nuckpullachubbee,

George Turnbull,

Captain Thomas McCurtain,

Oakehonahooma,

Capt. John Cairns,

Topenastonahoma,

Holatohamia,

Col. Boyer,

Holantachanshahubbee,

Chuckahabbee,

Washaschahopea,

Chatamakaha,

Hapeahomia,

William Hay,

Capt. Samuel Cobb,

Lewis Brashears,

Muckelehamia,

Capt. Sam. Magee,

Ticbihamia,

Doctor Red Bird,

Oontoola,

Pooshonshabbee,

Cassania,

Joseph Nelson,

Unahubbee,

Red Duck,

Muttahubbee,

Capt. Ihokahatubbee,

Alex. Hamilton,

Capt. Red Knife,

Shapahroma,

Capt. Tonnanpoocha,

Mechaniabbee,

Tuskanchamis,

Tookatubbetusea,

William Frye,

Greenwood Leflore,

Archibald McGee,

Capt. Ben Burris,

Tusconohicea,

Capt. Lewis Perry,

Hennekschubbee,

Tussashamia,

Capt. Charles Durant,

Piare Durant.

Witnesses present at sealing and signing. Saml. R. Overton, Secretary to the Commission. Eden Brashears. J. C. Bronaugh, Asst. Surg. Gen. S. D. U. S. Army. H. D. Downs. Wm. F. Gangent. Wm. M. Graham, 1st Lt. Corps of Art’y. Andrew J. Donalson, Brvt. 2d Lt. Corps of Eng. and Aid-de-Camp to Gen. Jackson. P. A. Vandorn. John H. Esly. John Pitchlynn, U. S. Interpreter. M. Mackey, U. S. Interpreter. Edmund Falsome, Interpreter, X. James Hughes. Geo. Fisher. Jas. Jackson, Jr.

To the Indian names are subjoined a mark and seal.

1821-01-08 Treaty 7 Stat. 215 ARTICLES OF A TREATY Entered into at the Indian Spring, in the Creek Nation, by Daniel
Jan. 8, 1821.
Proclamation, March 2, 1821.
M. Forney, of the State of North Carolina, and David Meriwether, of the State of Georgia, specially appointed for that purpose, on the part of the United States; and the Chiefs, Head Men, and Warriors, of the Creek Nation, in council assembled.

Art. 1. The Chiefs, Head Men, and Warriors, of the Creek Nation,

Cession by the Creeks.

in behalf of the said nation, do, by these presents, cede to the United States all that tract or parcel of land, situate, lying, and being, east of the following bounds and limits, viz: Beginning on the east bank of

Boundaries.

Flint river, where Jackson’s line crosses, running thence, up the eastern bank of the same, along the water’s edge, to the head of the principal western branch; from thence, the nearest and a direct line, to the Chatahocche river, up the eastern bank of the said river, along the water’s edge, to the shallow Ford, where the present boundary line between the state of Georgia and the Creek nation touches the said river: Provided,
Proviso.
however, That, if the said line should strike the Chatahocche river, below the Creek village Buzzard-Roost, there shall be a set-off made, so as to leave the said village one mile within the Creek nation; excepting and reserving to the Creek nation the title and possession, in the manner and form specified, to all the land hereafter excepted, viz: one thousand acres, to be laid off in a square, so as to include the Indian Spring in the centre thereof; as, also, six hundred and forty acres on the western bank of the Oakmulgee river, so as to include the improvements at present in the possession of the Indian Chief General M’Intosh.

Art. 2. It is hereby stipulated, by the contracting parties, that the

Title of certain tracts to be in the Creek nation, so long as the occupants remain, &c.

title and possession of the following tracts of land shall continue in the Creek nation so long as the present occupants shall remain in the personal possession thereof, viz: one mile square, each, to include, as near as may be, in the centre thereof, the improvements of Michey Barnard, James Barnard, Buckey Barnard, Cussena Barnard, and Efauemathlaw, on the east side of Flint river; which reservations shall constitute a part of the cession made by the first article, so soon as they shall be abandoned by the present occupants.

Art. 3. It is hereby stipulated, by the contracting parties, that, so

Reservation for U. S. agency.

long as the United States continue the Creek agency at its present situation on Flint river, the land included within the following boundary, viz: beginning on the east bank of Flint river, at the mouth of the Boggy Branch, and running out, at right angles, from the river, one mile and a half; thence up, and parallel with, the river, three miles: thence, parallel with the first line, to the river; and thence, down the river, to the place of beginning; shall be reserved to the Creek nation for the use of the United States’ agency, and shall constitute a part of the cession made by the first article, whenever the agency shall be removed.

Art. 4. It is hereby stipulated and agreed, on the part of the United

Payment for lands ceded.

States, as a consideration for the land ceded by the Creek nation by the 215TREATY WITH THE CREEKS. 1821.216 first article, that there shall be paid to the Creek nation, by the United States, ten thousand dollars in hand, the receipt whereof is hereby acknowledged; forty thousand dollars as soon as practicable after the ratification of this convention; five thousand dollars, annually, for two years thereafter; sixteen thousand dollars, annually, for five years thereafter; and ten thousand dollars, annually, for six years thereafter; making, in the whole, fourteen payments in fourteen successive years, without interest, in money or goods and implements of husbandry, at the option of the Creek nation, seasonably signified, from time to time, through the agent of the United States residing with said nation, to the Department of War. And, as a further consideration for said cession,

U. S. to pay to the state of Georgia, the balance due by the Creek nation.

1834, ch. 145.

the United States do hereby agree to pay to the state of Georgia whatever balance may be found due by the Creek nation to the citizens of said state, whenever the same shall be ascertained, in conformity with the reference made by the commissioners of Georgia, and the chiefs, head men, and warriors, of the Creek nation, to be paid in five annual instalments, without interest, provided the same shall not exceed the sum of two hundred and fifty thousand dollars; the commissioners of Georgia executing to the Creek nation a full and final relinquishment of all the claims of the citizens of Georgia against the Creek nation, for property taken or destroyed prior to the act of Congress of one thousand eight hundred and two, regulating the intercourse with the Indian tribes.

Art. 5. The President of the United States shall cause the line to

The President to cause the line to be run, &c.

be run from the head of Flint river to the Chatahooche river, and the reservations made to the Creek nation to be laid off, in the manner specified in the first, second, and third, articles of this treaty, at such time and in such manner as he may deem proper, giving timely notice to the Creek nation; and this Convention shall be obligatory on the contracting parties, as soon as the same shall have been ratified by the government of the United States.

Done at the Indian Spring, this eighth day of January, A. D. eighteen hundred and twenty-one.

D. M. FORNEY, D. MERIWETHER, WM. M‘INTOSH.

Tustunnugee Hopoie,

Efau Emauthlau,

Holoughlan, or Col. Blue,

Cussetau Micco,

Sotetan Haujo,

Etomme Tustunnuggee,

Taskagee Emauthlau,

Tuckle Luslee,

Tuckte Lustee Haujo,

Conepee Emauthlau,

Hothlepoie,

Joseph Marshall,

Tuskeenaheccki,

Chaughle Micco,

Isfauno Tustunnuggee Haujo,

Wau Thlucco Haujo,

Itchu Haujo,

Alabama Tustunnuggee,

Holoughlan Tustunnuggee,

Auhauluck Yohola,

Oseachee Tustunnuggee,

Houpauthlee Tustunnuggee,

Nenebaumaughtocchie,

Henelau Fixico,

Tusokeah Haujo.

In presence of I. M‘Intosh, David Adams, Daniel Newman, Commissioners of Georgia. D. B. Mitchell, Agent for I. A. William Meriwether, Secretary U. S. C. William Cook, Secretary C. G. William Hambly. St. Hawkins, George Lovett, Interpreters,

To the Indian names are subjoined a mark and seal.

1821-01-08 Agreement 7 Stat. 216 ARTICLES OF AGREEMENT Entered into, between the undersigned Commissioners, appointed
Jan. 8, 1821.
Proclamation, March 2, 1821.
by the Governor of the state of Georgia, for and on behalf of the citizens of the said state, and the Chiefs, Head Men, and Warriors, of the Creek nation of Indians.

Whereas, at a conference opened and held at the Indian Spring, in the Creek nation, the citizens of Georgia, by the aforesaid commissioners, have represented that they have claims to a large amount against the said Creek nation of Indians: Now, in order to adjust and bring the same to a speedy and final settlement, it is hereby agreed by the aforesaid commissioners, and the chiefs, head men, and warriors, of the said nation, that all the talks had upon the subject of these claims at this place, together with all claims on either side, of whatever nature or

Claims on either side referred to decision of the President.

1802, ch. 13.

kind, prior to the act of Congress of one thousand eight hundred and two, regulating the intercourse with the Indian tribes, with the documents in support of them, shall be referred to the decision of the President of the United States, by him to be decided upon, adjusted, liquidated, and settled, in such manner, and under such rules, regulations, and restrictions, as he shall prescribe: Provided, however, if it should

Proviso.

meet the views of the President of the United States, it is the wish of the contracting parties, that the liquidation and settlement of the aforesaid claims shall be made in the state of Georgia, at such place as he may deem most convenient for the parties interested, and the decision and award, thus made and rendered, shall be binding and obligatory upon the contracting parties.

In witness whereof, we have hereunto set our hands and seals, this eighth day of January, one thousand eight hundred and twenty-one.

I. M‘INTOSH, DAVID ADAMS, DANIEL NEWMAN, WILLIAM M‘INTOSH.

Tustunnugee Hopoie,

Efau Emauthlau.

Present, D. M. Forney, D. Meriwether.

To the Indian names are subjoined a mark and seal.

DISCHARGE FOR ALL CLAIMS ON THE CREEKS.

Jan. 8, 1821.

Whereas a treaty or convention has this day been made and entered into, by and between the United States and the Creek nation, by the provisions of which the United States have agreed to pay, and the commissioners of the state of Georgia have agreed to accept, for and on behalf of the citizens of the state of Georgia, having claims against the Creek nation, prior to the year one thousand eight hundred and two, the sum of two hundred and fifty thousand dollars:

Now, know all men by these presents, that we, the undersigned,

Commissioners of Georgia release the Creeks from all claims prior to 1802.

commissioners of the state of Georgia, for, and in consideration of, the 217TREATY OTTAWAS, ETC. 1821.218 aforesaid sum of two hundred and fifty thousand dollars, secured by the said treaty or convention to be paid to the state of Georgia, for the discharge of all bona fide and liquidated claims, which the citizens of the said state may establish against the Creek nation, do, by these presents, release, exonerate, and discharge, the said Creek nation from all and every claim and claims, of whatever description, nature, or kind, the same may be, which the citizens of Georgia now have, or may have had, prior to the year one thousand eight hundred and two, against the said nation. And we do hereby assign, transfer, and set over, unto the

Claims transferred to U. S.

United States, for the use and benefit of the said Creek nation, for the consideration hereinbefore expressed, all the right, title, and interest, of the citizens of the said state, to all claims, debts, damages, and property, of every description and denomination, which the citizens of the said state have, or had, prior to the year one thousand eight hundred and two, as aforesaid, against the said Creek nation.

In witness whereof we have hereunto affixed our hands and seals, at the Mineral Spring, in the said Creek nation, this eighth day of January, one thousand eight hundred and twenty-one.

I. M‘INTOSH, DAVID ADAMS, DANIEL NEWMAN.

Present, D. M. Forney. D. Meriwether. D. B. Mitchell, Agent for Indian Affairs.

1821-08-29 Treaty 7 Stat. 218 ARTICLES OF A TREATY Made and concluded at Chicago, in the State of Illinois, between
Aug. 29, 1821.
Proclamation, March 25, 1822.
Lewis Cass and Solomon Sibley, Commissioners of the United States, and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians.

Article. 1. The Ottawa, Chippewa, and Pottawatamie, Nations of

Cession of land within the boundaries described.

Indians cede to the United States all the Land comprehended within the following boundaries: Beginning at a point on the south bank of the river St. Joseph of Lake Michigan, near the Parc aux Vaches, due north from Rum’s Village, and running thence south to a line drawn due east from the southern extreme of Lake Michigan, thence with the said line east to the Tract ceded by the Pottawatamies to the United States by the Treaty of Fort Meigs in 1817, if the said line should

Ante, p. 160.

strike the said Tract, but if the said line should pass north of the said Tract, then such line shall be continued until it strikes the western boundary of the Tract ceded to the United States by the Treaty of Detroit in 1807, and from the termination of the said line, following the boundaries of former cessions, to the main branch of the Grand River of Lake Michigan, should any of the said lines cross the said River, but if none of the said lines should cross the said River, then to a point due east of the source of the said main branch of the said river, and from such point due west to the source of the said principal branch, and from the crossing of the said River, or from the source thereof, as the case may be, down the said River, on the north bank thereof, to the mouth; thence following the shore of Lake Michigan to the south bank 219 of the said river St. Joseph, at the mouth thereof, and thence with the said south bank to the place of beginning.

Art. 2.

From the cession aforesaid, there shall be reserved, for the

Reservations.

use of the Indians, the following Tracts:

One tract at Mang-ach-qua Village, on the river Peble, of six miles square.

One tract at Mick-ke-saw-be, of six miles square.

One tract at the village of Na-to-wa-se-pe, of four miles square.

One tract at the village of Prairie Ronde, of three miles square.

One tract at the village of Match-e-be-narh-she-wish, at the head of the Kekalamazoo river.

Art. 3.

There shall be granted by the United States to each of the

Grants to persons named.

following persons, being all Indians by descent, and to their heirs, the following Tracts of Land:

To John Burnet, two sections of land.

To James Burnet, Abraham Burnet, Rebecca Burnet, and Nancy Burnet, each one section of land; which said John, James, Abraham, Rebecca, and Nancy, are children of Kaw-kee-me, sister of Top-ni-be, principal chief of the Potwatamie nation.

The land granted to the persons immediately preceding, shall begin

Location of the preceding grants.

on the north bank of the river St. Joseph, about two miles from the mouth, and shall extend up and back from the said river for quantity.

To John B. La Lime, son of Noke-no-qua, one-half of a section of

Further grants.

land, adjoining the tract before granted, and on the upper side thereof.

To Jean B. Chandonai, son of Chip-pe-wa-qua, two sections of land, on the river St. Joseph, above and adjoining the tract granted to J. B. La Lime.

To Joseph Dazé, son of Chip-pe-wa-qua, one section of land above and adjoining the tract granted to Jean B. Chandonai.

To Monguago, one-half of a section of land, at Mish-she-wa-ko-kink.

To Pierre Moran or Peeresh, a Potawatamie Chief, one section of land, and to his children two sections of land, at the mouth of the Elk-heart river.

To Pierre Le Clerc, son of Moi-qua, one section of land on the Elk-heart river, above and adjoining the tract granted to Moran and his children.

The section of land granted by the Treaty of St. Mary’s, in 1818, to Peeresh or Perig, shall be granted to Jean B. Cicot, son of Pe-say-quot, sister of the said Peeresh, it having been so intended at the execution of the said Treaty.

To O-she-ak-ke-be or Benac, one-half of a section of land on the north side of the Elk-heart river, where the road from Chicago to Fort Wayne first crosses the said river.

To Me-naw-che, a Potawatamie woman, one-half of a section of land on the eastern bank of the St. Joseph, where the road from Detroit to Chicago first crosses the said river.

To Theresa Chandler or To-e-ak-qui, a Potawatamie woman, and to her daughter Betsey Fisher, one section of land on the south side of the Grand River, opposite to the Spruce Swamp.

To Charles Beaubien and Medart Beaubien, sons of Man-na-ben-a-qua, each one-half of a section of land near the village of Ke-wi-go-shkeem, on the Washtenaw river.

To Antoine Roland, son of I-gat-pat-a-wat-a-mie-qua, one-half of a section of land adjoining and below the tract granted to Pierre Moran.

To William Knaggs or Was-es-kuk-son, son of Ches-qua, one-half of a section of land adjoining and below the tract granted to Antoine Roland.

220

To Madeline Bertrand, wife of Joseph Bertrand, a Potawatamie woman, one section of land at the Parc aux Vaches, on the north side of the river St. Joseph.

To Joseph Bertrand, junior, Benjamin Bertrand, Laurent Bertrand, Theresa Bertrand, and Amable Bertrand, children of the said Madeline Bertrand, each one half of a section of land at the portage of the Kankakee river.

To John Riley, son of Me-naw-cum-a-go-quoi, one section of land, at the mouth of the river Au Foin, on the Grand River, and extending up the said River.

To Peter Riley, the son of Me-naw-cum-e-go-qua, one section of land, at the mouth of the river Au Foin, on the Grand River, and extending down the said river.

To Jean B. Le Clerc, son of Moi-qua, one half of a section of land, above and adjoining the tract granted to Pierre Le Clerc.

To Joseph La Framboise, son of Shaw-we-no-qua, one section of land upon the south side of the river St. Joseph, and adjoining on the upper side the land ceded to the United States, which said section is also ceded to the United States.

The Tracts of Land herein stipulated to be granted, shall never be

Grants not transferable without consent.

Tracts to be located after survey.

leased or conveyed by the grantees or their heirs to any persons whatever, without the permission of the President of the United States. And such tracts shall be located after the said cession is surveyed, and in conformity with such surveys as near as may be, and in such manner as the President may direct.

Art. 4. In consideration of the cession aforesaid, the United States

Payment for said cession.

engage to pay to the Ottawa nation, one thousand dollars in specie annually forever, and also to appropriate annually, for the term of ten years, the sum of fifteen hundred dollars, to be expended as the President may direct, in the support of a Blacksmith, of a Teacher, and of a person to instruct the Ottawas in agriculture and in the purchase of cattle and farming utensils. And the United States also engage to pay to the Potawatamie nation five thousand dollars in specie, annually, for the term of twenty years, and also to appropriate annually, for the term of fifteen years, the sum of one thousand dollars, to be expended as the President may direct, in the support of a Blacksmith and a Teacher. And one mile square shall be selected, under the direction of the President,

Land to be reserved for blacksmiths and teachers.

on the north side of the Grand River, and one mile square on the south side of the St. Joseph, and within the Indian lands not ceded, upon which the blacksmiths and teachers employed for the said tribes, respectively, shall reside.

Art. 5. The stipulation contained in the treaty of Greenville, relative

Right of Indians to hunt on land ceded.

to the right of the Indians to hunt upon the land ceded while it continues the property of the United States, shall apply to this treaty.

Art. 6. The United States shall have the privilege of making and

U. S. may make a road through Indian country.

using a road through the Indian country, from Detroit and Fort Wayne, respectively, to Chicago.

Art. 7. This Treaty shall take effect and be obligatory on the contracting

Treaty binding when ratified.

parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

In testimony whereof, the said Lewis Cass and Solomon Sibley, Commissioners as aforesaid, and the Chiefs and Warriors of the said Ottawa, Chippewa, and Potawatamie nations, have hereunto set 221 their hands, at Chicago aforesaid, this 29th day of August, in the year of our Lord one thousand eight hundred and twenty-one.

LEWIS CASS, SOLOMON SIBLEY.

Ottawas.

Kewagoushcum,

Nokawjegaun,

Kee-o-to-aw-be,

Ket-che-me-chi-na-waw,

Ep-pe-san-se,

Kay-nee-wee,

Mo-a-put-to,

Mat-che-pee-na-che-wish.

Chippewas.

Met-tay-waw,

Mich-el.

Potawatamies.

To-pen-ne-bee,

Mee-te-uy,

Chee-banse,

Loui-son,

Wee-saw,

Kee-po-taw,

Shay-auk-ke-bee,

Scho-mang,

Waw-we-uck-ke-meck,

Nay-ou-chec-mon,

Kon-gee,

Shee-shaw-gan,

Ayeh-cam,

Meek-say-mank,

May-ten-way,

Shaw-wen-ne-me-ley,

François,

Mauk-see,

Way-me-go,

Man-daw-min,

Quay-guee,

Ae-pen-naw-bee,

Mat-cha-wee-yaas,

Mat-cha-pag-gish,

Mongaw,

Pug-gay-gaus,

See-cobe-mesh,

Chee-gwa-mack-gwa-go,

Waw-seb-baw,

Pee-chee-co,

Quoi-quoi-taw,

Pe-an-nish,

Wy-ne-maig,

O-nuck-ke-meck,

Ku-way-sin,

A-meck-kose,

Os-see-meet,

Shaw-ko-to,

No-shay-we-quat,

Mee-gwun,

Mesh-sho-ke-ten-now,

Kee-no-to-go,

Wa-baw-nee-she,

Shaw-waw-nay-see,

Atch-wee-muck-quee,

Pish-she-baw-gay,

Waw-ba-saye,

Meg-ges-seese,

Say-gaw-koo-nuck,

Shaw-way-no,

Shee-shaw-gun,

To-to-mee,

Ash-kee-wee,

Shay-auk-ke-bee,

Aw-be-tone.

In presence of Alex. Wolcott, jr. Indian Agent. Jno. R. Williams, Adjt. Gen. M. Ma. G. Godfroy, Indian Agent. W. Knaggs, Indian Agent. Jacob Visger. Henry I. Hunt. H. Phillips, Paymr. U. S. Army. R. Montgomery. Jacob B. Varnum, U. S. Factor. John B. Beaubien. Conrad Ten Eyck. J. Whippley. George Miles, jun. Henry Connor. Jas. Barnerd. John Kenzie, Sub-Agent.

To the Indian names are subjoined marks.

The tract reserved at the village of Match-e-be-nash-she-wish, at the

The tract at Match-e-be-nash-she-wish to be 3 miles square.

head of the Ke-kal-i-nn-zoo river, was by agreement to be three miles square. The extent of the reservation was accidentally omitted.

LEWIS CASS, SOLOMON SIBLEY.

1822-08-31 Treaty 7 Stat. 222 Entered into and concluded at the United States’ Factory on the
Aug. 31, 1822.
Proclamation, Feb. 13, 1823.
M. De Cigue Augt. by and between Richard Graham, Agent of Indian Affairs, authorized on the part of the United States for that purpose, and the Chiefs, Warriors, and Head Men, of the Tribes of Great and Little Osage Indians, for themselves and their respective Tribes, of the other part.

Whereas, by the second article of the Treaty made and entered

The second article of the treaty of Nov. 10, 1808, abrogated; consideration.

Ante, p. 107.

into between the United States and the Great and Little Osage nation of Indians, concluded and signed at Fort Clark, on the Missouri, on the tenth day of November, one thousand eight hundred and eight, it is stipulated that the United States shall establish at that place, and permanently continue, at all seasons of the year, a well assorted store of goods, for the purpose of bartering with them on moderate terms for their peltries and furs: Now, we, the said Chiefs, Warriors, and Head Men, in behalf of our said Tribes, for and in consideration of two thousand three hundred and twenty-nine dollars and forty cents, to us now paid in merchandize, out of the United States’ Factory, by said Richard Graham, on behalf of the United States, the receipt whereof is hereby acknowledged, do exonerate, release, and forever discharge, the United States from the obligation contained in the said second article above mentioned; and the aforesaid second article is, from the date hereof, abrogated and of no effect.

In witness whereof, the said Richard Graham and the Chiefs, Warriors, and Head Men, of the Great and Little Osage Tribes, have hereunto set their hands and affixed their seals, this thirty-first day of August, in the year of our Lord one thousand eight hundred and twenty-two.

R. GRAHAM.

Pahuska, or White Hair, Head Chief B. O.

Neshumoiny, or Walk in Rain, Head Chief L. O.

Kahegewashinpisheh,

Big Soldier,

Cothistawoshko,

Tocathingab,

Towakcbeh, Chief of the Crosse Côtte V.

Kahegetankgab,

Urattheheh,

Thinggahawassah,

Onnyago,

Wonopasheh,

Kebegethingab,

Vehesasheh,

Thunkemono,

Townakaheh,

Wahchewahbeh,

Grenatheh,

Neocheninkeb,

Tanwanhehe,

Wasabewangoudake,

Wathinsabbeh.

In presence of Paul Baillio, Robert Dunlap, C. De La Croix.

To the Indian names are subjoined marks.

222

1822-09-03 Treaty 7 Stat. 223 Entered into and concluded at Fort Armstrong, by and between
Sept. 3, 1822.
Proclamation, Feb. 13, 1823.
Thomas Forsyth, Agent of Indian Affairs, authorized on the part of the United States for that purpose, of the one part, and the Chiefs, Warriors, and Head Men, of the United Sac and Fox Tribes, for themselves and their Tribes, of the other part.

Whereas by the ninth article of the Treaty made and entered into

Ninth article of treaty of 3d Nov. 1804, abrogated; consideration.

Ante, p. 84.

between the United States and the Sac and Fox Tribes of Indians, concluded and signed at Saint Louis, in the District of Louisiana, on the third day of November, one thousand eight hundred and four, it is stipulated, in order to put a stop to the abuses and impositions which are practised upon the said Tribes by the private traders, the United States will, at a convenient time, establish a trading house or factory, where the individuals of the said Tribes can be supplied with goods at a more reasonable rate than they have been accustomed to procure them. Now, We, the said Chiefs, Warriors, and head men of the said Tribes, for and in consideration of the sum of one thousand dollars to us, now paid in merchandize out of the United States’ Factory, by said Thomas Forsyth, on behalf of the United States, the receipt whereof is hereby acknowledged, do exonerate, release, and forever discharge, the United States from the obligation contained in the said ninth article above recited, and the aforesaid ninth article is, from the date hereof, abrogated and of no effect.

In witness whereof the said Thomas Forsyth, and the Chiefs, Warriors, and head men, of the Sac and Fox Tribes, have hereunto set their hands, and affixed their seals, this third day of September, in the year of our Lord one thousand eight hundred and twenty-two.

THOMAS FORSYTH,
United States’ Indian Agent.

Pushee Paho,

Quash Quammee,

Nesowakee,

Keeocuck,

Wapulla,

Themue,

Mucathaanamickee,

Nolo.

In the presence of S. Burbank, Major United States’ Army. P. W. Craig, Assistant Surgeon United States’ Army. J. M. Baxley, Lieutenant 5th Infantry. George Davenport. Samuel C. Muir. John Connolly. Louis Betelle, Interpreter.

To the Indian names are subjoined a mark and seal.

223

1823-09-18 Treaty 7 Stat. 224 TREATY WITH THE FLORIDA TRIBES OF INDIANS.

Sept. 18, 1823.

Proclamation, Jan. 2, 1824.

Article I. The undersigned chiefs and warriors, for themselves and

Said Indians to continue under the protection of U. S.

their tribes, have appealed to the humanity, and thrown themselves on, and have promised to continue under, the protection of the United States, and of no other nation, power, or sovereign; and, in consideration of the promises and stipulations hereinafter made, do cede and relinquish all claim or title which they may have to the whole territory of Florida, with the exception of such district of country as shall herein be allotted to them.

Article II. The Florida tribes of Indians will hereafter be concentrated

Said Indians to be confined to the following metes and bounds.

and confined to the following metes and boundaries: commencing five miles north of Okehumke, running in a direct line to a point five miles west of Setarky’s settlement, on the waters of Amazura, (or Withlahuchie river,) leaving said settlement two miles south of the line; from thence, in a direct line, to the south end of the Big Hammock, to include Chickuchate; continuing, in the same direction, for five miles beyond the said Hammock—provided said point does not approach nearer than fifteen miles the sea coast of the Gulf of Mexico; if it does, the said line will terminate at that distance from the sea coast; thence, south, twelve miles; thence in a south 30° east direction, until the same shall strike within five miles of the main branch of Charlotte river; thence, in a due east direction, to within twenty miles of the Atlantic coast; thence, north, fifteen west, for fifty miles and from this last, to the beginning point.

Article III. The United States will take the Florida Indians under

U. S. to take the Florida Indians under their care, &c.

their care and patronage, and will afford them protection against all persons whatsoever; provided they conform to the laws of the United States, and refrain from making war, or giving any insult to any foreign nation, without having first obtained the permission and consent of the United States: And, in consideration of the appeal and cession made in the first article of this treaty, by the aforesaid chiefs and warriors, the United States promise to distribute among the tribes, as soon as concentrated, under the direction of their agent, implements of husbandry, and stock of cattle and hogs, to the amount of six thousand dollars, and an annual sum of five thousand dollars a year, for twenty successive years, to be distributed as the President of the United States shall direct, through the Secretary of War, or his Superintendents and Agent of Indian affairs.

Article IV. The United States promise to guaranty to the said

U. S. to guaranty peaceable possession of the district assigned them, on certain conditions.

tribes the peaceable possession of the district of country herein assigned them, reserving the right of opening through it such roads, as may, from time to time, be deemed necessary; and to restrain and prevent all white persons from hunting, settling, or otherwise intruding upon it. But any citizen of the United States, being lawfully authorized for that purpose, shall be permitted to pass and repass through the said district, and to navigate the waters thereof, without any hindrance, toll, or exaction, from said tribes.

Article V. For the purpose of facilitating the removal of the said

Corn, meat, &c. to be allowed them for twelve months.

tribes to the district of country allotted them, and, as a compensation for the losses sustained, or the inconveniences to which they may be 224TREATY WITH THE FLORIDA INDIANS. 1823.225 exposed by said removal, the United States will furnish them with rations of corn, meat, and salt, for twelve months, commencing on the first day of February next; and they further agree to compensate those individuals who have been compelled to abandon improvements on lands, not embraced within the limits allotted, to the amount of four thousand five hundred dollars, to be distributed among the sufferers, in a ratio to each, proportional to the value of the improvements abandoned. The United States further agree to furnish a sum, not exceeding two thousand dollars, to be expended by their agent, to facilitate the transportation of the different tribes to the point of concentration designated.

Article VI. An agent, sub-agent, and interpreter, shall be appointed,

An agent, &c. to be appointed to reside among them.

to reside within the Indian boundary aforesaid, to watch over the interests of said tribes; and the United States further stipulate, as an evidence of their humane policy towards said tribes, who have appealed to their liberality, to allow for the establishment of a school at the agency, one thousand dollars per year for twenty successive years; and one thousand dollars per year, for the same period, for the support of a gun and blacksmith, with the expenses incidental to his shop.

Article VII. The chiefs and warriors aforesaid, for themselves and

Indians to prevent any fugitive slaves from taking shelter among them, &c.

tribes, stipulate to be active and vigilant in the preventing the retreating to, or passing through, of the district of country assigned them, of any absconding slaves, or fugitives from justice; and further agree, to use all necessary exertions to apprehend and deliver the same to the agent, who shall receive orders to compensate them agreeably to the trouble and expenses incurred.

Article VIII. A commissioner, or commissioners, with a surveyor,

A commissioner and surveyor to be appointed.

shall be appointed, by the President of the United States, to run and mark, (blazing fore and aft the trees) the line as defined in the second article of this treaty, who shall be attended by a chief or warrior, to be designated by a council of their own tribes, and who shall receive, while so employed, a daily compensation of three dollars.

Article IX. The undersigned chiefs and warriors, for themselves

Grounds on which the objections of said tribes to certain lands are founded.

and tribes, having objected to their concentration within the limits described in the second article of this treaty, under the impression that the said limits did not contain a sufficient quantity of good land to subsist them, and for no other reason: it is, therefore, expressly understood, between the United States and the aforesaid chiefs and warriors, that, should the country embraced in the said limits, upon examination by the Indian agent and the commissioner, or commissioners, to be appointed under the 8th article of this treaty, be by them considered insufficient for the support of the said Indian tribes; then the north line, as defined in the 2d article of this treaty, shall be removed so far north as to embrace a sufficient quantity of good tillable land.

Article X. The undersigned chiefs and warriors, for themselves and

Said Indians request the grant in fee simple of certain lands to Col. Humphreys and S. Richards.

tribes, have expressed to the commissioners their unlimited confidence in their agent, Col. Gad Humphreys, and their interpreter, Stephen Richards, and, as an evidence of their gratitude for their services and humane treatment, and brotherly attentions to their wants, request that one mile square, embracing the improvements of Enehe Mathla, at Tallahassee (said improvements to be considered as the centre) be conveyed, in fee simple, as a present to Col. Gad Humphreys.—And they further request, that one mile square, at the Ochesee Bluffs, embracing Stephen Richard’s field on said Bluffs, be conveyed in fee simple, as a present to said Stephen Richards. The commissioners accord in sentiment with the undersigned chiefs and warriors, and recommend a compliance with their wishes to the President and Senate of the United 226 States; but the disapproval, on the part of the said authorities, of this article, shall, in no wise, affect the other articles and stipulations concluded on in this treaty.

In testimony whereof, the Commissioners, William P. Duval, James Gadsden, and Bernard Segui, and the undersigned Chiefs and Warriors have hereunto subscribed their names, and affixed their seals. Done at Camp, on Moultrie Creek, in the Territory of Florida, this eighteenth day of September, one thousand eight hundred and twenty-three, and of the Independence of the United States the forty-eighth.

WILLIAM P. DUVALL, JAMES GADSDEN, BERNARD SEGUI.

Nea Mathla,

Tokose Mathla,

Ninnee Homata Tustonuky,

Miconope,

Nocosee Ahola,

John Blunt,

Ollemata,

Tuskeeeneha,

Tuski Hajo,

Econchatimico,

Emoteley,

Mulatto King,

Chocholohano,

Ematlochee,

Wokse Holata,

Amathla Hajo,

Holatefixico,

Chefixico Hajo,

Lathloa Mathla,

Senufky,

Alak Hajo,

Fahelustee Hajo,

Octahamico,

Tusteneck Hajo,

Okoskee Amathla,

Qcheeny Tustenuky,

Phillip,

Charley Amathla,

John Hoponey,

Rat Head,

Holatta Amathla,

Foshatchimico.

Signed, sealed, and delivered, in presence of George Murray, Secretary to the Commission. G. Humphreys, Indian Agent. Stephen Richards, Interpreter. Isaac N. Cox. J. Erving, Capt. 4th Artillery. Harvey Brown, Lieut. 4th Artillery. C. D‘Espinville, Lieut. 4th Artillery. Jno. B. Scott, Lieut. 4th Artillery. William Travers. Horatio S. Dexter.

ADDITIONAL ARTICLE.

Sept. 18, 1823.

Additional article.

Whereas Neo Mathla, John Blunt, Tuski Hajo, Mulatto King, Emathlochee, and Econchatimico, six of the principal Chiefs of the Florida Indians, and parties to the treaty to which this article has been annexed, have warmly appealed to the Commissioners for permission to remain in the district of country now inhabited by them; and, in consideration of their friendly disposition, and past services to the United States, it is, therefore, stipulated, between the United States and the aforesaid Chiefs, that the following reservations shall be surveyed, and marked by the Commissioner, or Commissioners, to be appointed under the 8th article of this Treaty: For the use of Nea Mathla and his connections, two miles square, embracing the Tuphulga village, on the waters of Rocky Comfort Creek. For Blunt and Tuski Hajo, a reservation, commencing on the Apalachicola, one mile below Tuski Hajo’s improvements, running up said river four miles; thence, west, two miles; thence, southerly, to a point two miles due west of the beginning; thence, east, to the beginning point. For Mulatto King and Emathlochee, a reservation, commencing on the Apalachicola, at a point to include Yellow Hair’s improvements; thence, up said river, for four miles; thence, west, one mile; thence, southerly, to a point one mile west of the beginning; and thence, east, to the beginning point. For Econchatimico, a reservation, commencing on the Chatahoochie, one mile below Econ-227chatimico’s house; thence, up said river, for four miles; thence, one mile, west; thence, southerly, to a point one mile west of the beginning; thence, east, to the beginning point. The United States promise to guaranty the peaceable possession of the said reservations, as defined, to the aforesaid chiefs and their descendants only, so long as they shall continue to occupy, improve, or cultivate, the same; but in the event of the abandonment of all, or either of the reservations, by the chief or chiefs, to whom they have been allotted, the reservation, or reservations, so abandoned, shall revert to the United States, as included in the cession made in the first article of this treaty. It is further understood, that the names of the individuals remaining on the reservations aforesaid, shall be furnished, by the chiefs in whose favour the reservations have been made, to the Superintendent or agent of Indian Affairs, in the territory of Florida; and that no other individuals shall be received or permitted to remain within said reservations, without the previous consent of the Superintendant or Agent aforesaid; And, as the aforesaid Chiefs are authorized to select the individuals remaining with them, so they shall each be separately held responsible for the peaceable conduct of their towns, or the individuals residing on the reservations allotted them. It is further understood, between the parties, that this agreement is not intended to prohibit the voluntary removal, at any future period, of all or either of the aforesaid Chiefs and their connections, to the district of country south, allotted to the Florida Indians, by the second article of this Treaty, whenever either, or all may think proper to make such an election; the United States reserving the right of ordering, for any outrage or misconduct, the aforesaid Chiefs, or either of them, with their connections, within the district of country south, aforesaid. It is further stipulated, by the United States, that, of the six thousand dollars, appropriated for implements of husbandry, stock, &c. in the third article of this Treaty, eight hundred dollars shall be distributed, in the same manner, among the aforesaid chiefs and their towns; and it is understood, that, of the annual sum of five thousand dollars, to be distributed by the President of the United States, they will receive their proportion. It is further stipulated, that, of the four thousand five hundred dollars, and two thousand dollars, provided for by the 5th article of this Treaty, for the payment for improvements and transportation, five hundred dollars shall be awarded to Neo Mathla, as a compensation for the improvements abandoned by him, as well as to meet the expenses he will unavoidably be exposed to, by his own removal, and that of his connections.

In testimony whereof, the Commissioners, William P. Duval, James Gadsden, and Bernard Segui, and the undersigned Chiefs and Warriors, have hereunto subscribed their names, and affixed their seals. Done at Camp, on Moultrie Creek, in the territory of Florida, this eighteenth day of September, one thousand eight hundred and twenty-three, and of the independence of the United States the forty-eighth.

WM. P. DUVAL, JAMES GADSDEN, BERNARD SEGUI.

Nea Mathla,

John Blunt,

Tuski Hajo,

Mulatto King,

Emathlochee,

Econchatimico.

Signed, sealed, and delivered, in presence of George Murray, Secretary to the Commission. Ja. W. Ripley. G. Humphreys, Indian Agent. Stephen Richards, Interpreter.

228TREATY WITH THE CHEROKEES. 1824.

The following statement shows the number of men retained by the Chiefs, who have reservations made them, at their respective villages:

							Number of Men.
Blount,	–		–		–		43
Cochran,		–		–		–	45
Mulatto King,			–		–		30
Emathlochee,		–		–		–	28
Econchatimico,			–		–		38
Neo Mathla,		–		–		–	30
Total							214

To the Indian names are subjoined a mark and seal.

1804-10-24 Treaty 7 Stat. 228 ARTICLES OF A TREATY Between the United States of America and the Cherokee Indians.

Oct. 24, 1804.

Proclamation, May 17, 1824.

Daniel Smith and Return J. Meigs, being commissioned by Thomas Jefferson, President of the United States, with powers of acting in behalf of the said United States, in arranging certain matters with the Cherokee nation of Indians; and the underwritten principal Chiefs, representing the said nation, having met the said Commissioners in a conference at Tellico, and having taken into their consideration certain propositions made to them by the said Commissioners of the United States; the parties aforesaid, have unanimously agreed and stipulated, as is definitely expressed in the following articles:

Article 1st. For the considerations hereinafter expressed, the Cherokee

Cession of land by Cherokees.

nation relinquish and cede to the United States, a tract of land bounding, southerly, on the boundary line between the State of Georgia and the said Cherokee nation, beginning at a point on the said boundary line northeasterly of the most northeast plantation, in the settlement known by the name of Wafford’s Settlement, and running at right angles with the said boundary line four miles into the Cherokee land; thence at right angles southwesterly and parallel to the first mentioned boundary line, so far as that a line, to be run at right angles southerly to the said first mentioned boundary line, shall include, in this cession, all the plantations in Wafford’s settlement, so called, as aforesaid.

Article 2d. For, and in consideration of, the relinquishment and

Useful goods to amount of $5000 to be paid them as an annuity.

cession, as expressed in the first article, the United States, upon signing the present Treaty, shall cause to be delivered to the Cherokees, useful goods, wares, and merchandise, to the amount of five thousand dollars, or that sum in money, at the option (timely signified) of the Cherokees, and shall, also, cause to be delivered, annually, to them, other useful goods to the amount of one thousand dollars, or money to that amount, at the option of the Cherokees, timely notice thereof being given, in addition to the annuity, heretofore stipulated, and to be delivered at the usual time of their receiving their annuity.

In witness of all and every thing, herein determined, between the United States and the Cherokee Nation, the parties have hereunto set their hands and seals, in the Garrison of Tellico, on Cherokee ground, within the United States, this twenty-fourth day of Octo-229TREATY WITH THE SACS AND FOXES. 1824.ber, in the year one thousand eight hundred and four, and in the twenty-ninth year of the independence and sovereignty of the United States.

DANIEL SMITH, RETURN J. MEIGS.

Tollontuskie,

Broom,

John McLamore,

Quotequeskee,

Path Killer,

Tagustiskee,

Tulio,

Sour Mush,

Keateheo,

James Vann.

Witnesses.—Rob. Purdy, Secretary. John McKee. Jno. Campbell, Cap. 2d U States’ Regt. commanding. John Brahan, Lieut. 2d reg’t Infantry. Thos. J. Van Dyke, Surgeon’s Mate. Wm. Charp. Hinchey Petway. Wm. L. Lovely, Ass’t. Ag’t. Ch. Hicks, Interpreter.

To the Indian names are subjoined a mark and seal.

1824-08-04 Treaty 7 Stat. 229 TREATY WITH THE SACS AND FOX INDIANS.

Aug. 4, 1824.

Proclamation, Jan. 18, 1825.

To perpetuate peace and friendship between the United States and the Sock and Fox tribes or nations of Indians, and to remove all future cause of dissensions which may arise from undefined territorial boundaries, the President of the United States of America, by William Clark, Superintendent of Indian Affairs, and sole Commissioner specially appointed for that purpose, of the one part, and the undersigned Chiefs and Head Men of the Sock and Fox tribes or nations, fully deputised to act for and in behalf of their said nations, of the other part, have entered into the following articles and conditions, viz:

Article 1st. The Sock and Fox tribes or nations of Indians, by

Agreements entered into by said tribes.

their deputations in council assembled, do hereby agree, in consideration of certain sums of money, &c. to be paid to the said Sock and Fox tribes, by the Government of the United States, as hereinafter stipulated, to cede and for ever quit claim, and do, in behalf of their said tribes or nations, hereby cede, relinquish, and forever quit claim, unto the United States, all right, title, interest, and claim, to the lands which the said Sock and Fox tribes have, or claim, within the limits of the state of Missouri, which are situated, lying, and being, between the Mississippi and Missouri rivers, and a line running from the Missouri, at the entrance of Kansas river, north one hundred miles to the Northwest corner of the state of Missouri, and from thence east to the Mississippi. It being understood, that the small tract of land lying between the rivers Desmoin and the Mississippi, and the section of the

1843, ch. 88.

1844, ch. 64.

above line between the Mississippi and the Desmoin, is intended for the use of the half-breeds belonging to the Sock and Fox nations; they holding it, however, by the same title, and in the same manner, that other Indian titles are held.

Article 2d. The Chiefs and Head Men who sign this convention,

Lands ceded, &c.

for themselves and in behalf of their tribes, do acknowledge the lands east and south of the lines described in the first article, so far as the Indians claimed the same, to belong to the United States, and that none of their tribes shall be permitted to settle or hunt upon any part of it, after the first day of January, 1826, without special permission from the Superintendent of Indian Affairs.

230

Article 3d. It is hereby stipulated and agreed, on the part of the

Annuities, &c.

United States, as a full consideration for the claims and lands ceded by the Sock and Fox tribes in the first article, there shall be paid to the Sock and Fox nations, within the present year, one thousand dollars in cash, or merchandize; and in addition to the annuities stipulated to be paid to the Sock and Fox tribes by a former treaty, the United States

Ante, p. 84.

do agree to pay to the said Sock tribe, five hundred dollars, and to the Fox tribe five hundred dollars, annually, for the term of ten succeeding years; and, at the request of the Chiefs of the said Sock and Fox nations, the Commissioner agrees to pay to Morice Blondeau, a half Indian of the Fox tribe, the sum of five hundred dollars, it being a debt due by the said nation to the aforesaid Blondeau, for property taken from him during the late war.

Article 4th. The United States engage to provide and support a

Assistance to be rendered them.

Blacksmith for the Sock and Fox nations, so long as the President of the United States may think proper, and to furnish the said nations with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient.

Article 5th. The annuities stipulated to be paid by the 3d article,

Payment of the annuities.

are to be paid either in money, merchandize, provisions, or domestic animals, at the option of the aforesaid tribes, and when the said annuities or part thereof is paid in merchandize, it is to be delivered to them at the first cost of the goods at St. Louis, free from cost of transportation.

Article 6th. This treaty shall take effect and be obligatory on the

Treaty obligatory when ratified.

contracting parties so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

In testimony whereof, the said William Clark, Commissioner as aforesaid, and the Chiefs and Head Men of the Sock and Fox tribes of Indians as aforesaid, have hereunto set their hands, at Washington City, this fourth day of August in the year of our Lord one thousand eight hundred and twenty-four.

WM. CLARK.

Socks.

Pah-sha-pa-ha (Stabber)

Kah-kee-kai-maik (All Fish)

Wah-kee-chai (Crouching Eagle)

Kee-o-kuck (Watchful Fox)

Kah-kee-kai-maik (All Fish)

Sah-col-o-quoit (Rising Cloud)

Foxes.

Fai-mah (The Bear)

Ka-pol-e-qua (White Nosed Fox)

Pees-mash-ka (The Fox winding his horn)

Kee-sheswa (The Sun)

Witnesses at signing.—Thomas L. McKenney. Law. Taliaferro, Indian Agent at St. Peter’s. G. W. Kennerly, Indian Agent. A. Baronet Vesques, Acting S. I. A. and Int. Maurice Blondeau. J. T. Honore. Jno. W. Johnson. Meriwether Lewis Clark. Noal Dashnay, Interpreter.

To the Indian names are subjoined a mark and seal.

Aug. 4, 1824 Treaty 7 Stat. 231 ARTICLES OF A TREATY

Aug. 4, 1824.

Proclamation, Jan. 18, 1825.

Made and concluded at the City of Washington, on the fourth day of August, one thousand eight hundred and twenty-four, between William Clark, Superintendent of Indian Affairs, being specially authorized by the President of the United States thereto, and the undersigned Chiefs and Head men, of the Ioway Tribe or Nation, duly authorized and empowered by the said Nation.

Article 1st. The Ioway Tribe or Nation of Indians, by their deputies,

Lands ceded to the U. S.

Ma-hos-kah, (or White Cloud,) and Mah-ne-hah-nah, (or Great Walker,) in Council assembled, do hereby agree, in consideration of a certain sum of money, &c. to be paid to the said Ioway Tribe, by the government of the United States, as hereinafter stipulated, to cede and forever, quit claim, and do, in behalf of their said Tribe, hereby cede, relinquish, and forever quit claim, unto the United States, all right, title, interest, and claim, to the lands which the said Ioway Tribe have, or claim, within the State of Missouri, and situated between the Mississippi and Missouri rivers and a line running from the Missouri, at the mouth or entrance of Kanzas river, north one hundred miles, to the northwest corner of the limits of the state of Missouri, and, from thence, east to the Mississippi.

Article 2d. It is hereby stipulated and agreed, on the part of the

Payment for said cession.

United States, as a full compensation for the claims and lands ceded by the Ioway Tribe in the preceding article, there shall be paid to the said Ioway tribe, within the present year, in cash or merchandise, the amount of five hundred dollars, and the United States do further agree to pay to the Ioway Tribe, five hundred dollars, annually, for the term of ten succeeding years.

Article 3d. The Chiefs and Head Men who sign this Treaty, for

Acknowledgment of Indians.

themselves, and in behalf of their Tribe, do acknowledge that the lands east and south of the lines described in the first article, (which has been run and marked by Colonel Sullivan,) so far as the Indians claimed the same, to belong to the United States, and that none of their tribe shall be permitted to settle or hunt upon any part of it, after 1st day of January, one thousand eight hundred and twenty-six, without special permission from the Superintendent of Indian Affairs.

Article 4th. The undersigned Chiefs, for themselves, and all parts

Protection of U. S. acknowledged.

of the Ioway tribe, do acknowledge themselves and the said Ioway Tribe, to be under the protection of the United States of America, and of no other sovereign whatsoever; and they also stipulate, that the said Ioway tribe will not hold any treaty with any foreign powers, individual state, or with individuals of any state.

Article 5th. The United States engage to provide and support a

Assistance to be rendered Indians.

blacksmith for the Ioway Tribe, so long as the President of the United States may think proper, and to furnish the said Tribe with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient.

Article 6th. The annuities stipulated to be paid by the second 231 232 TREATY WITH THE QUAPAWS. 1824.

Payment of annuities.

article, to be paid either in money, merchandise, provisions, or domestic animals, at the option of the aforesaid Tribe; and when the said annuities, or any part thereof, is paid in merchandise, it is to be delivered to them at the first cost of the goods at St. Louis, free from cost of transportation.

Treaty obligatory when ratified.

Article 7th. This Treaty shall take effect, and be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

In testimony whereof, the said William Clark, Commissioner as afore said, and the Chiefs and Head Men of the Ioway Tribe of Indians, as aforesaid, have hereunto set their hands this day and year first before written.

WM. CLARK.

Ma-hos-kah, (White Cloud,)

Mah-ne-hah-nah, (Great Walker.)

Witnesses present, Thos. L. McKenney. G. W. Kennerley, Indian Agent. Law. Taliaferro, Indian Agent at St. Peter’s. A. Baronet Vasques, Act. sub. Agt. and Interpreter. Meriwether Lewis Clark. Jno. W. Johnson. William P. Clark. William Radford.

To the Indian names are subjoined a mark and real.

Nov. 15, 1824 Treaty 7 Stat. 232 ARTICLES OF A TREATY

Nov. 15, 1824.

Proclamation, Feb. 19, 1825.

Between the United States of America and the Quapaw Nation of Indians.

Lands ceded by the Quapaws.

Article 1. The Quapaw Nation of Indians cede to the United States of America, in consideration of the promises and stipulations herein after made, all claim or title which they may have to lands in the Territory of Arkansas, comprised in the following boundaries, to wit: Beginning at a point on the Arkansas river, opposite to the Post of Arkansas, and running thence a due south-west course to the Ouachita river; and thence, up the same, to the Saline Fork; and up the Saline Fork, to a point from whence a due north-east course will strike the Arkansas river at Little Rock: and thence down the right (or south bank) of the Arkansas river to the place of beginning.

Art. 2. In consideration of the cession made in the first article of this Treaty, by the aforesaid Chiefs and Warriors, the United States

$500 to be paid to the head chiefs, &c.

engage to pay to the four head Chiefs of the Quapaw Nation, the sum of live hundred dollars each, in consideration of the losses they will sustain by removing from their farms and improvements. The payment to be made at the time they receive their annuity for the year 1825. And, also, to the said nation, the sum of four thousand dollars, to be paid in goods, at the signing of this Treaty. And the United States also engage to pay to the Quapaw Nation, one thousand dollars in specie, annually, for the term of eleven years, in addition to their present annuity.

Art. 3. The United States hereby guaranty to the said Nation of Indians, the same right to hunt on the lands by them hereby ceded, as

Rights guarantied them.

Ante, p. 176.

was guarantied to them by a Treaty, concluded at St. Louis, on the 24th of August, 1818, between the said Quapaw Nation of Indians and William Clark and Auguste Choteau, Commissioners on the part of the United States.

233

Art. 4. The Quapaw Tribe of Indians will hereafter be concentrated and confined to the district of country inhabited by the Caddo Indians, and form a part of said Tribe. The said nation of Indians are to commence

To be confined to the district of country occupied by the Caddo Indians.

removing to the district allotted them, before the twentieth day of January, one thousand eight hundred and twenty-six.

Art. 5. For the purpose of facilitating the removal of the said Tribe, to the district of country allotted them, and as a compensation for the losses sustained, and the inconveniences to which they may be exposed by said removal, the United States will furnish them with corn, meat,

Assistance to be rendered to Quapaws.

and salt, for six months, from the first day of January, one thousand eight hundred and twenty-six. The United States further agree to furnish a sum not exceeding one thousand dollars, to be expended by their agent, to facilitate the transportation of the said Tribe to the district of country herein assigned them. An Agent, Sub Agent, or Interpreter, shall be appointed to accompany said Tribe, and to reside among them.

Art. 6. From the cession aforesaid, there shall be reserved to James Scull, in consideration of a debt of seven thousand five hundred dollars, due to him from the Quapaw Nation, and recognised in open Council,

$7500 to be reserved to James Scull.

two sections of land commencing on the Arkansas river, opposite to Mrs. Erabree’s, and running up and back from said river for quantity. And the United States guaranty to the Quapaw Nation the payment of the said debt of seven thousand five hundred dollars, either by the ratification of the grant made in this article, or by the payment of said amount in money, exclusive of the amount stipulated to be paid to the said nation by this Treaty.

Art. 7. There shall be granted by the United States, to the following persons, being Indians by descent, the following tracts of Land: To Francois Imbeau, one quarter section of land, commencing at a point on the Arkansas river, opposite the upper end of Wright Daniel’s farm,

Tracts of land granted to certain persons, Indians by do scent.

and thence, up and back from said river, for quantity. To Joseph Duchassien, one quarter section of land, commencing at the lower corner of the quarter section granted to Francois Imbeau, and running down and back from said river for quantity. To Saracen, a half breed Qua paw, eighty acres of land, to be laid off so as to include his improvement, where he now resides, opposite Vaugine’s. To Batiste Socie, eighty acres of land, laying above and adjoining Saracen’s grant. To Joseph Bonne, eighty acres of land, lying above and adjoining Socie’s grant. To Baptiste Bonne, eighty acres of land, lying above and adjoining Joseph Bonne’s grant. To Lewis Bartelmi, eighty acres of land, lying above and adjoining Baptiste Bonne’s grant. To Antoine Duchassin, eighty acres of land, lying above and adjoining Bartelmi’s grant. To Baptiste Imbeau, eighty acres of land, lying above and adjoining A. Duchassin’s grant. To Francois Coupot, eighty acres of land, lying above and adjoining Baptiste Imbeau’s grant. To Joseph Valliere, eighty acres of land, lying above and adjoining Francois Coupot’s grant. All the said tracts of land shall be laid off, so as to conform to the lines of the United States’ surveys, and binding on the Arkansas river.

Art. 8. This treaty shall take effect, and be obligatory on the contracting

When to take effect.

parties, so soon as the same shall be ratified by the Senate of the United States.

In testimony whereof, the Commissioner on the part of the United States, Robert Crittenden, and the undersigned Chiefs and Warriors of the said Nation, have hereunto subscribed their names and affixed their Seals.234TREATY WITH THE CHOCTAWS. 1825.

Done at Harrington’s, in the Territory of Arkansas, on the fifteenth day of November, A. D. one thousand eight hundred and twenty-four, and of the Independence of the United States the forty-ninth.

ROBERT CRITTENDEN. Commissioner on the part of the United States.

Hackehton,

Tononseka,

Kiahhackelady,

Sarazen,

Kakapah,

Hunkabhee,

Wahtonbeh,

Hunkahtugonee,

Hepahdagoneh,

Wahohsonjekah,

Gratonjetuh,

Watuhtezka,

Dohkuhnonjeshu,

Kahtuhkonku,

Hahcrontonah.

Signed, Sealed, and Witnessed, in Presence of Thomas W. Newton, Secretary to the Commissioner. Robert C. Oden, Lieut. Col. 2d Reg. Arkansas Militia. F. Farrelly, Adjutant General of Arkansas Militia. B. Harrington. D. Barber, Sub-Agent to the Osages. Gordon Neill. Edmund Hogan. Thomas W. Johnston. Antoine Barrague. Etienne Vauyine, Interpreter. Joseph Duchasin, Interpreter.

To the Indian names are subjoined a mark and seal.

Jan. 20, 1825 Convention 7 Stat. 234 ARTICLES OF A CONVENTION

Jan. 20, 1825.

Proclamation, Feb. 19, 1825.

Made between John C. Calhoun, Secretary of War, being specially authorized therefor by the President of the Unital States, and the undersigned Chiefs and Head Men of the Choctaw Nation of Indians, duly authorized and empowered by said Nation, at the City of Washington, on the twentieth day of January, in the year of our Lord one thousand eight hundred and twenty-five.

Preamble.

Whereas a Treaty of friendship, and limits, and accommodation, having been entered into at Doake’s Stand, on the eighteenth of October, in the year one thousand eight hundred and twenty, between Andrew

Ante, p. 210.

Jackson and Thomas Hinds, Commissioners on the part of the United States, and the Chiefs and Warriors of the Choctaw Nation of Indians; and whereas the second article of the Treaty aforesaid provides for a cession of lands, west of the Mississippi, to the Choctaw Nation, in part satisfaction for lands ceded by said Nation to the United States, according to the first article of said treaty: And whereas, it being ascertained that the cession aforesaid embraces a large number of settlers, citizens of the United States; and it being the desire of the President of the United States to obviate all difficulties resulting therefrom, and also, to adjust other matters in which both the United States and the Choctaw Nation are interested: the following articles have been agreed upon, and concluded, between John C. Calhoun, Secretary of War, specialty authorized therefor by the President of the United States, on the one part, and the undersigned Delegates of the Choctaw Nation, on the other part:

Lands ceded to the U. S.

Ante, p. 210.

Article 1. The Choctaw Nation do hereby cede to the United States all that portion of the land ceded to them by the second article of the Treaty of Doak Stand, as aforesaid, lying east of a line beginning on the Arkansas, one hundred paces east of Fort Smith, and running thence, due south, to Red river: it being understood that this 235line shall constitute, and remain, the permanent boundary between the United States and the Choctaws; and the United States agreeing to remove such citizens as may be settled on the west side, to the east side of said line, and prevent future settlements from being made on the west thereof.

Article 2. In consideration of the cession aforesaid, the United

$6000 to be paid to Choctaws annually, for ever.

States do hereby agree to pay the said Choctaw Nation the sum of six thousand dollars, annually, forever; it being agreed that the said sum of six thousand dollars shall be annually applied, for the term of twenty years, under the direction of the President of the United States, to the support of schools in said nation, and extending to it the benefits of instruction in the mechanick and ordinary arts of life; when, at the expiration of twenty years, it is agreed that the said annuity may be vested in stocks, or otherwise disposed of, or continued, at the option of the Choctaw nation.

Article 3. The eighth article of the treaty aforesaid having provided

$6000 to be paid them annually, for 16 years.

that an appropriation of lands shall be made for the purpose of raising six thousand dollars a year for sixteen years, for the use of the Choctaw Nation; and it being desirable to avoid the delay and expense attending the survey and sale of said land; the United States do hereby agree to pay the Choctaw Nation, in lieu thereof, the sum of six thousand dollars, annually, for sixteen years, to commence with the present year. And the United States further stipulate and agree to take immediate measures to survey and bring into market, and sell, the fifty-four sections of land set apart by the seventh article of the treaty aforesaid, and apply the proceeds in the manner provided by the said article.

Article 4. It is provided by the ninth section of the treaty aforesaid,

Provision for Choctaws who may desire to remain.

that all those of the Choctaw Nation who have separate settlements, and fall within the limits of the land ceded by said Nation to the United States, and desire to remain where they now reside, shall be secured in a tract or parcel of land, one mile square, to include their improvements. It is, therefore, hereby agreed, that all who have reservations in conformity to said stipulation, shall have power, with the consent of the President of the United States, to sell and convey the same in fee simple. It is further agreed, on the part of the United States, that those Choctaws, not exceeding four in number, who applied for reservations, and received the recommendation of the Commissioners, as per annexed copy of said recommendation, shall have the privilege, and the right is hereby given to them, to select, each of them, a portion of land, not exceeding a mile square, any where within the limits of the cession of 1820, when the land is not occupied or disposed of by the United States; and the right to sell and convey the same, with the consent of the President, in fee simple, is hereby granted.

Article 5. There being a debt due by individuals of the Choctaw

A certain debt due by Choctaws, relinquished.

Nation to the late United States’ trading house on the Tombigby, the United States hereby agree to relinquish the same; the Delegation, on the part of their nation, agreeing to relinquish their claim upon the United States, to send a factor with goods to supply the wants of the Choctaws west of the Mississippi, as provided for by the 6th article of the treaty aforesaid.

Article 6. The Choctaw nation having a claim upon the United

Payment for services rendered in the Pensacola campaign.

States, for services rendered in the Pensacola Campaign, and for which it is stipulated, in the 11th article of the treaty aforesaid, that payment shall be made, but which has been delayed for want of the proper vouchers, which it has been found, as yet, impossible to obtain; the United States, to obviate the inconvenience of further delay, and to 236render justice to the Choctaw Warriors for their services in that campaign, do hereby agree upon an equitable settlement of the same, and fix the sum at fourteen thousand nine hundred and seventy-two dollars fifty cents; which, from the muster rolls, and other evidence in the possession of the Third Auditor, appears to be about the probable amount due, for the services aforesaid, and which sum shall be immediately paid to the Delegation, to be distributed by them to the Chiefs and Warriors of their nation, who served in the campaign aforesaid, as may appear to them to be just.

Fourth article of the aforesaid treaty to be modified.

Article 7. It is further agreed, that the fourth article of the treaty aforesaid, shall be so modified, as that the Congress of the United States shall not exercise the power of apportioning the lands, for the benefit of each family, or individual, of the Choctaw Nation, and of bringing them under the laws of the United States, but with the consent of the Choctaw Nation.

Payment to satisfy claims due by U. S.

Article 8. It appearing that the Choctaws have various claims against citizens of the United States, for spoliations of various kinds, but which they have not been able to support by the testimony of white men, as they were led to believe was necessary, the United States, in order to a final settlement of all such claims, do hereby agree to pay to the Choctaw Delegation, the sum of two thousand dollars, to be distributed by them in such way, among the claimants, as they may deem equitable. It being understood that this provision is not to affect such claims as may be properly authenticated, according to the provision of the act of 1802.

An agent and blacksmith for Choclaws west of the Mississippi.

Article 9. It is further agreed that, immediately upon the Ratification of this Treaty, or as soon thereafter as may be, an agent shall be appointed for the Choctaws West of the Mississippi, and a Blacksmith be settled among them, in conformity with the stipulation contained in the 6th Article of the Treaty of 1820.

Robert Colo to receive a medal.

Article 10. The Chief Puck-she-nubbee, one of the members of the Delegation, having died on his journey to see the President, and Robert Cole being recommended by the Delegation as his successor, it is hereby agreed, that the said Robert Cole shall reserve the medal which appertains to the office of Chief, and, also, an annuity from the United States, of one hundred and fifty dollars a year, during his natural life, as was received by his predecessor.

Friendship perpetuated.

Article 11. The friendship heretofore existing between the United States and the Choctaw Nation, is hereby renewed and perpetuated.

When to take effect.

Article 12. These articles shall take effect, and become obligatory on the contracting parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said John C. Calhoun, and the said Delegates of the Choctaw nation, have hereunto set their hands, at the City of Washington, the twentieth day of January, one thousand eight hundred and twenty-five.

J. C. CALHOUN.

Moosbulatubbee.

Robert Cole.

Daniel McCurtain.

Talking Warrior.

Red Fort.

Nitluckachee.

David Folsom.

J. L. McDonald.

In presence of Thos. L. McKenney. Hezekiah Miller. John Pitchlynn, United States’ Interpreter.

To the Indian names ore subjoined marks.

Feb. 12, 1825 Convention 7 Stat. 237 ARTICLES OF A CONVENTION,

Feb. 12, 1825.

Proclamation, March 7, 1825.

Post, p. 286.

Entered into and concluded at the Indian Springs, between Duncan G. Campbell, and James Meriwether, Commissioners on the part of the United States of America, duly authorised, and the Chiefs of the Creek Nation, in Council assembled.

Whereas the said Commissioners, on the part of the United States,

Preamble.

have represented to the said Creek Nation that it is the policy and earnest wish of the General Government, that the several Indian tribes within the limits of any of the states of the Union should remove to territory to be designated on the west side of the Mississippi river, as well for the better protection and security of said tribes, and their improvement in civilization, as for the purpose of enabling the United States, in this instance, to comply with the compact entered into with the State of Georgia, on the twenty-fourth day of April, in the year one thousand eight hundred and two: And the said Commissioners having laid the late Message of the President of the United States, upon this subject, before a General Council of said Creek Nation, to the end that their removal might be effected upon terms advantageous to both parties: And whereas the Chiefs of the Creek Towns have assented to the reasonableness of said proposition, and expressed a willingness to emigrate beyond the Mississippi, those of Tokaubatchee excepted:

These presents therefore witness, that the contracting parties have this day entered into the following Convention:

Art. 1. The Creek nation cede to the United States all the lands

Cession by the Creeks.

lying within the boundaries of the State of Georgia, as defined by the compact hereinbefore cited, now occupied by said Nation, or to which said Nation have title or claim; and also, all other lands which they now occupy, or to which they have title or claim, lying north and west of a line to be run from the first principal falls upon the Chatauhoochie river, above Cowetau town, to Ocfuskee Old Town, upon the Tallapoosa, thence to the falls of the Coosaw river, at or near a place called the Hickory Ground.

Art. 2. It is further agreed between the contracting parties, that the

Further agreement between the contracting parties.

United States will give, in exchange for the lands hereby acquired, the like quantity, acre for acre, westward of the Mississippi, on the Arkansas river, commencing at the mouth of the Canadian Fork thereof, and running westward between said rivers Arkansas and Canadian Fork, for quantity. But whereas said Creek Nation have considerable improvements within the limits of the territory hereby ceded, and will moreover have to incur expenses in their removal, it is further stipulated, that, for the purpose of rendering a fair equivalent for the losses and inconveniences which said Nation will sustain by removal, and to enable them to obtain supplies in their new settlement, the United States agree to pay to the Nation emigrating from the lands herein ceded, the sum of four hundred thousand dollars, of which amount there shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty, the sum of two hundred thousand dollars. And as soon as the said party of the second part shall notify the Government of the United States of their readiness to commence their removal, there shall be paid the further sum of one hundred thousand dollars. 237 238TREATY WITH THE CREEKS. 1825.And the first year after said emigrating party shall have settled in their new country, they shall receive of the amount first above named, the further sum of twenty-five thousand dollars. And the second year, the sum of twenty-five thousand dollars. And annually, thereafter, the sum of five thousand dollars, until the whole is paid.

Annuities to be equally divided.

Art. 3. And whereas the Creek Nation are now entitled to annuities of thirty thousand dollars each, in consideration of cessions of territory heretofore made, It is further stipulated that said last mentioned annuities are to be hereafter divided in a just proportion between the party emigrating and those that may remain.

Territory offered said Indians to be explored, &c.

Art. 4. It is further stipulated that a deputation from the said parties of the second part, may be sent out to explore the territory herein offered them in exchange; and if the same be not acceptable to them, then they may select any other territory, west of the Mississippi, on Red, Canadian, Arkansas, or Missouri Rivers—the territory occupied by the Cherokees and Choctaws excepted; and if the territory so to be selected shall be in the occupancy of other Indian tribes, then the United States will extinguish the title of such occupants for the benefit of said emigrants.

Payment of the first sum to be made by the commissioners.

Art. 5. It is further stipulated, at the particular request of the said parties of the second part, that the payment and disbursement of the first sum herein provided for, shall be made by the present Commissioners negotiating this treaty.

Other payments.

Art. 6. It is further stipulated, that the payments appointed to be made, the first and second years, after settlement in the West, shall be either in money, merchandise, or provisions, at the option of the emigrating party.

Provision to be made by U. S.

Art. 7. The United States agree to provide and support a blacksmith and wheelwright for the said party of the second part, and give them instruction in agriculture, as long, and in such manner, as the President may think proper.

Extension of the time of their removal, &c.

Art. 8. Whereas the said emigrating party cannot prepare for immediate removal, the United States stipulate, for their protection against the incroachments, hostilities, and impositions, of the whites, and of all others; but the period of removal shall not extend beyond the first day of September, in the year eighteen hundred and twenty-six.

When to take effect.

Art. 9. This treaty shall be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the consent of the Senate thereof.

In testimony whereof, the Commissioners aforesaid, and the Chiefs and Head Men of the Creek Nation have hereunto set their hands and seals, this twelfth day of February, in the year of our Lord one thousand eight hundred and twenty-five.

DUNCAN G. CAMPBELL, JAS. MERIWETHER, Commissioners on the part of the United States. WILLIAM McINTOSH, Head Chief of Cowetaus. 239

Etommco Tustunnuggee, of Cowetau,

Holahtau, or Col. Blue,

Cowetau Tustunnuggee,

Artus Mien, or Rolcy McIntosh,

Chilly McIntosh,

Joseph Marshall,

Athlan Hajo,

Tuskenahah,

Benjamin Marshall,

Coccus Hajo,

Forshatcpu Mico,

Oethlamata Tustunnuggee,

Tallasee Hajo,

Tuskegee Tustunnuggee,

Foshajce Tustunnuggee,

Emau Chuccolocana,

Aheco Tustunnuggee,

Encha Hajo,

Hijo Hajo,

Thia Tho Hajo,

To mico Holueto,

Yah Te Ko Hajo,

No co see Emautla,

Col. Wm. Miller, Thleeatchea,

Abcco Tustunnuggee,

Hoethlepogu Tustunnuggee,

Hepocokco Emautla,

Samuel Miller,

Tomoc Mico,

Charles Miller,

Tallnseo Hajo, or John Carr,

Otulga Emautla,

Ahalaco Yoholo, of Cusctau,

Walucco Hajo, of New Yauco,

Cohauseo Eniatla, do.

Nineomau Tochcc, do.

Konope Emautla, Sand Town,

Chawacala Mico, do.

Foctalustee Emautla, do.

Josiah Gray, from Hilchatee,

William Kanard, do.

Neha ThiucoHatkee, do.

Halathla Fixico, from Big Shoal,

Alex. Lasley, from Talledega,

Espokoks Hajo, do.

Emauthla Hajo, do.

Nincomatochee, do.

Chuhah Hajo, do.

Efie Ematla, do.

Atausee Hopoie, do.

James Fife. do.

Executed on the day as above written, in presence of John Crowell, Agent for Indian Affairs. Wm. F. Hay, Secretary. Wm. Meriwether. Wm. Hambly, U. S. Inter.

Whereas, by a stipulation in the Treaty of the Indian Springs, in

July 25, 1825

.1821, there was a reserve of land made to include the said Indian Springs for the use of General William M‘Intosh, be it therefore known to all whom it may concern, that we, the undersigned chiefs and head men of the Creek nation, do hereby agree to relinquish all the right, tittle, and control of the Creek nation to the said reserve, unto him the said William M‘Intosh and his heirs, forever, in as full and ample a manner as we are authorized to do.

Big B. W. Warrior,

Yoholo Micco,

Little Prince,

Hopoi Hadjo,

Tuskehenahau,

Oakcfuska Yohola.

July 25, 1825.JOHN CROWELL, Agent for Indian Affairs. Whereas the foregoing articles of convention have been concluded

Feb. 14, 1825.

Additional article.

between the parties thereto: And, whereas, the Indian Chief, General William McIntosh, claims title to the Indian Spring Reservation (upon which there are very extensive buildings and improvements) by virtue of a relinquishment to said McIntosh, signed in full council of the nation: And, whereas the said General William McIntosh hath claim to another reservation of land on the Ocmulgee river, and by his lessee and tenant, is in possession thereof:

Now these presents further witness, that the said General William McIntosh, and also the Chiefs of the Creek Nation, in council assembled, do quit claim, convey, and cede to the United States, the reservations aforesaid, for, and in consideration of, the sum of twenty-five thousand dollars, to be paid at the time and in the manner as stipulated, for the first instalment provided for in the preceding treaty. Upon the ratification of these articles, the possession of said reservations shall be con-240TREATY WITH THE OSAGES. 1825.sidered as passing to the United States, and the accruing rents of the present year shall pass also.

In testimony whereof, the said Commissioners, on the part of the United States, and the said William McIntosh and the Chiefs of the Creek nation, have hereunto set their hands and seals, at the Indian Springs, this fourteenth day of February, in the year of our Lord one thousand eight hundred and twenty-five.

DUNCAN G. CAMPBELL, JAMES MERIWETHER, U. S. Commissioners.

William McIntosh,

Eetommee Tustunnuggee,

Tuskegoh Tustunnuggee,

Cowetau Tustunnuggee,

Col. Wm. Miller,

Josiah Gray,

Nehathlucco Hatches,

Alexander Lasley,

William Canard.

Witnesses at execution, Wm. P. Hay, Secretary. Wm. Hambly, United States’ Interpreter.

To the Indian names are subjoined a mark and seal.

June 2, 1825 Treaty 7 Stat. 240 ARTICLES OF A TREATY.

June 2, 1825.

Proclamation, Dec. 30, 1825.

Made and concluded at St. Louis, in the State of Missouri, between William Clark, Superintendent of Indian Affairs, Commissioner, on the part of the United States, and the undersigned, Chiefs, Head-Men, and Warriors, of the Great and Little Osage Tribes of Indians, duly authorized and empowered by their respective Tribes or Nations.

In order more effectually to extend to said Tribes that protection of the Government so much desired by them, it is agreed as follows:

ARTICLE 1. The Great and Little Osage Tribes or Nations do, hereby, cede and

Cession by the Osages.

relinquish, to the United States, all their right, title, interest, and claim, to lands lying within the State of Missouri and Territory of Arkansas, and to all lands lying West of the said State of Missouri and Territory of Arkansas, North and West of the Red River, South of the Kansas River, and East of a line to be drawn from the head sources of the Kansas, Southwardly through the Rock Saline, with such reservations, for such considerations, and upon such terms, as are hereinafter specified, expressed, and provided for.

ARTICLE 2. Within the limits of the country, above ceded and relinquished, there

Tracts of land reserved for said Indians.

shall be reserved, to, and for, the Great and Little Osage Tribes or Nations, aforesaid, so long as they may choose to occupy the same, the following described tract of land: beginning at a point due East of White Hair’s Village, and twenty-five miles West of the Western boundary line of the State of Missouri, fronting on a North and South line, so as to leave ten miles North, and forty miles South, of the point of said beginning, and extending West, with the width of fifty miles, to the Western boundary of the lands hereby ceded and relinquished by 241said Tribes or Nations; which said reservation shall be surveyed and marked, at the expense of the United States, and upon which, the Agent for said Tribes or Nations and all persons attached to said agency, as, also, such teachers and instructors, as the President may think proper to authorise and permit, shall reside, and shall occupy, and cultivate, without interruption or molestation, such lands as may be necessary for them. And the United States do, hereby, reserve to themselves, forever,

Reservation by U. S.

the right of navigating, freely, all water courses and navigable streams, within or running through, the tract of country above reserved to said Tribes or Nations.

ARTICLE 3. In consideration of the cession and relinquishment, aforesaid, the

Annuity to Indians.

United States do, hereby, agree to pay to the said tribes or nations, yearly, and every year, for twenty years, from the date of these presents, the sum of seven thousand, dollars, at their Village, or at St. Louis, as the said tribes or nations may desire, either in money, merchandize, provisions, or domestic animals, at their option. And whenever the said annuity, or any part thereof, shall be paid in merchandize, the same is to be delivered to them at the first cost of the goods at St. Louis, free of transportation.

ARTICLE 4. The United States shall, immediately, upon the ratification of this

Cattle, farming utensils, &c. to be furnished them.

convention, or as soon thereafter as may be, cause to be furnished to the tribes or nations, aforesaid, six hundred head of cattle, six hundred hogs, one thousand domestic fowls, ten yoke of oxen, and six carts, with such farming utensils as the Superintendant of Indian Affairs may think necessary, and shall employ such persons, to aid them in their agricultural pursuits, as to the President of the United States may seem expedient, and shall, also, provide, furnish, and support for them, one blacksmith, that their farming utensils, tools, and arms, may be seasonably repaired; and shall build, for each of the four principal chiefs, at their respective villages, a comfortable and commodious dwelling house.

ARTICLE 5. From the above lands ceded and relinquished, the following reservations,

Reservations for half-breeds.

Post. p. 677.

for the use of the half-breeds, hereafter named, shall be made, to wit: One section, or six hundred and forty acres, for Augustus Clermont, to be located and laid off so as to include Joseph Rivar’s residence, on the East side of the Neosho, a short distance above the Grand Saline, and not nearer than within one mile thereof; one section for each of the following half-breeds; James, Paul, Henry, Rosalie, Anthony, and Amelia, the daughter of She-me-hunga, and Amelia, the daughter of Mi-hun-ga, to be located two miles below the Grand Saline, and extending down the Neosho, on the East side thereof; and one section for Noel Mongrain, the son of Wa-taw-nagres, and for each of his ten children, Baptiste, Noel, Francis, Joseph, Mongrain, Louis, Victoria, Sophia, Julia, and Juliet: and the like quantity for each of the following named grand-children, of the said Noel Mongrain, to wit: Charles, Francis, Louisson, and Wash, to commence on the Marias des Cygnes, where the Western boundary line of the State of Missouri crosses it at the fork of Mine river, and to extend up Mine river, for quantity: one section for Mary Williams, and one for Sarah Williams, to be located on the North side of the Marias des Cygnet, at the Double Creek, above Harmony; one section, for Francis T. Chardon; one section, for Francis C. Tayon; one section, for James G. Chouteau; one section, for Alexander Chouteau; one section, for Pelagie Antaya; one section, for Celeste Antaya; one section, for Joseph Antaya; one sec-242tion, for Baptiste St. Mitchelle, jr.; one section, for Louis St. Mitchelle; one section, for Victoria St. Mitchelle; one section, for Julia St. Mitchelle; one section, for Francis St. Mitchelle; one section, for Joseph Perm; one section, for Susan Larine; one section, for Marguerite Reneau; one section, for Thomas L. Balio; and one section, for Terese, the daughter of Paul Louise; which said several tracts are to be located on the North side of the Marias des Cygnes, extending up the river, above the reservations in favour of Mary and Sarah Williams, in the order in which they are herein above named.

ARTICLE 6.

Land to be sold for certain purposes.

And also fifty-four other tracts, of a mile square each, to be laid off under the direction of the President of the United States, and sold, for the purpose of raising a fund to be applied to the support of schools, for the education of the Osage children, in such manner as the President may deem most advisable to the attainment of that end.

ARTICLE 7.

Debts due by said tribes to U. S. trading houses, released.

Forasmuch as there is a debt due, from sundry individuals of the Osage tribes or nations, to the United States’ trading houses, of the Missouri and Osage rivers, amounting in the whole, to about the sum of four thousand one hundred and five dollars and eighty cents, which the United States do hereby agree to release; in consideration thereof, the said tribes or nations do, hereby, release and relinquish their claim upon the United States, for regular troops to be stationed, for their protection, in garrison, at Fort Clark, and, also, for furnishing of a blacksmith, at that place, and the delivery of merchandise, at Fire Prairie, as

Ante, p. 107.

is provided for in the first, third, and fifth, articles of the Treaty, concluded on the tenth day of November, one thousand eight hundred and eight.

ARTICLE 8.

Claims of the Delawares against said tribes to be settled by U. S.

It appearing that the Delaware nation have various claims against the Osages, which the latter have not had it in their power to adjust, and the United States being desirous to settle, finally and satisfactorily, all demands and differences between the Delawares and Osages, do hereby agree to pay to the Delawares, in full satisfaction of all their claims and demands against the Osages, the sum of one thousand dollars.

ARTICLE 9.

Animosities of citizens of Missouri, &c. to be quieted.

With a view to quiet the animosities, which at present exist between a portion of the citizens of Missouri and Arkansas and the Osage tribes, in consequence of the lawless depredations of the latter, the United States do, furthermore, agree to pay, to their own citizens, the full value of such property, as they can legally prove to have been stolen or destroyed, by the Osages, since the year eighteen hundred and eight, and for which payment has not been made under former treaties: Provided, The sum to be paid by the United States does not exceed the sum of five thousand dollars.

ARTICLE 10.

Land reserved, to be disposed of as the President may direct.

It is furthermore agreed on, by and between the parties to these presents, that there shall be reserved two sections of land, to include the Harmony Missionary establishment, and their mill, on the Marias des Cygne; and one section, to include the Missionary establishment, above the Lick on the West side of Grand river, to be disposed of as the President of the United States shall direct, for the benefit of said Missions, and to establish them at the principal villages of the Great and Little Osage Nations, within the limits of the country reserved to them 243by this Treaty, and to be kept up at said villages, so long as said Missions shall be usefully employed in teaching, civilizing, and improving, the said Indians.

ARTICLE 11. To preserve and perpetuate the friendship now happily subsisting between

Ninth article of treaty of fort Clark to be in full force.

Ante, p. 107.

the United States and the said tribes or nations, it is hereby agreed, that the provisions contained in the ninth article of the Treaty concluded and signed at fort Clark, on the tenth day of November, one thousand eight hundred and eight, between the United States and the said tribes or nations, shall, in every respect, be considered as in full force and applicable to the provisions of this Treaty, and that the United States shall take and receive, into their friendship and protection, the aforesaid tribes or nations, and shall guaranty to them, forever, the right to navigate, freely, all water-courses, or navigable streams, within the tract of country hereby ceded, upon such terms as the same are or may be navigated by the citizens of the United States.

ARTICLE 12. It is further agreed, that there shall be delivered as soon as may be,

Merchandise to be delivered to Indians.

after the execution of this treaty, at the Osage villages, merchandize to the amount of four thousand dollars, first cost, in St. Louis, and two thousand dollars in merchandize, before their departure from this place; and horses and equipage, to the value of twenty-six hundred dollars; which, together with the sum of one hundred dollars, to be paid to Paul Loise, and the like sum to Baptiste Mongrain, in money, shall be in addition to the provisions and stipulations hereby above contained, in full satisfaction of the cession, hereinbefore agreed on.

ARTICLE 13. Whereas the Great and Little Osage tribes or nations are indebted to

Amount due A. P. Chouteau and others, to be in part paid by the U. S.

Augustus P. Chouteau, Paul Balio, and William S. Williams, to a large amount, for credits given to them, which they are unable to pay, and have particularly requested to have paid, or provided for, in the present negotiation; it is, therefore, agreed on, by and between the parties to these presents, that the United States shall pay to Augustus P. Chouteau, one thousand dollars; to Paul Balio, two hundred and fifty dollars, and to William S. Williams two hundred and fifty dollars, towards the liquidation of their respective debts due from the said tribes or nations.

ARTICLE 14. These articles shall take effect, and become obligatory on the contracting

Treaty to be obligatory when ratified.

parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said William Clark, Commissioner, as aforesaid, and the Deputation, Chiefs, Head men, and Warriors, of the Great and Little Osage Nations of Indians, as aforesaid, have hereunto set their hands and seals, this second day of June, in the year of our Lord one thousand eight hundred and twenty-five, and of the Independence of the United States the forty-ninth.

WILLIAM CLARK.

Clairmont,

Pahusca, or White Hair,

Chingawasa, or Handsome Bird,

Wasabaistanga, or Big Bear,

Waharsachais,

Cochestawasca, or He that sees far,

Vanonpachais, or Ho that is not afraid,

Kbigaischinga, or Little Chief,

Wataniga, or Fool,

Jean Lafond,

Wachinsabais, or Black Spirit,

Hurachais, The War Eagle,

244TREATY WITH THE KANSAS. 1825.

Huralu,

Mauchuhonga,

Chongaishonga,

Tawangahais,

Ponkchinga,

Nicohibran,

Panimonpachais,

Wasissegaisianga, or Big Broom,

Chonjaishengais,

Wabachcquand,

Wastiagais,

Ishtassca,

Manchehamani,

Hangaquechais,

Hanhauinani,

Walulacest,

Niha,

Wanansonjais,

Vagasidda,

Tawangehe,

Paigaismanie, or Big Soldier,

Tawagahais, or Town Maker,

Chongaismonnon, or Dog Thief,

Honiajgo, or Gentleman,

Hinchaacri,

Wakandaippahobi,

Saba,

Nasa,

Manchan,

Manchanginda.

Little Osages.

Nichumani, or Walking Rain

Nihuchaisningaiswachinpichaie,

Waruhagais,

Mangaischis,

Mances’tpogran,

Nonbaaheri,

Howasabais,

Nehuchaisningaischinga,

Aquidachinga,

Sanjaiskanha,

Manputnahi,

Manhinonba,

Khigaiswachmpichais, or Missouri Chief,

Ostiehingais,

Hasachaia,

Hanhanpac’est,

Manchaquida,

Tiessinjais.

Witnesses present:—R. Wash, Secretary. Edward Coles, Governor of Illinois. A. M‘Nair, Osage Agent. Pr. Chouteau. W. B. Alexander, Sub Indian Agent Theodore Hunt. Cerré. P. L. Chouteau, Sub Agent. L. T. Honorie, Interpreter. F. A. Chardon. Antoine Leclaire, Interpreter. James Coleman. Paul Louise, Interpreter, (Osages.) William Milburn. Noel Dash nay, Interpreter. Manchangachan. Thepogrenquo.

To the Indian names are subjoined marks.

June 3, 1825 Treaty 7 Stat. 244 ARTICLES OF A TREATY

June 3, 1825.

Proclamation, Dec. 30, 1825.

Made and concluded at the City of Saint Louis, in the State of Missouri, between William Clark, Superintendant of Indian affairs, Commissioner on the part of the United States of America, and the undersigned Chiefs, Head Men, and Warriors of the Kansas Nation of Indians, duly authorized and empowered by said Nation.

ARTICLE 1. The Kansas do hereby cede to the United States all the lands lying

Cession by the Kansas.

within the State of Missouri, to which the said nation have, title or claim; and do further cede and relinquish, to the said United States, all other lands which they now occupy, or to which they have title or claim, lying West of the said State of Missouri, and within the following boundaries: beginning at the entrance of the Kansas river into the Missouri river; from thence North to the North-West corner of the State of Missouri; from thence Westwardly to the Nodewa river, thirty miles from its entrance into the Missouri; from thence to the entrance of the big Nemahaw river into the Missouri, and with that river to its source; from thence to the source of the Kansas river, leaving the old village of the Pania Republic to the West; from thence, on the ridge dividing the waters of the Kansas river from those of the Arkansas, to the Western boundary of the State line of Missouri, and with that line, thirty miles, to the place of beginning.

245

ARTICLE 2. From the cession aforesaid, the following reservation for the use of

Reservation for the use of the Kansas.

the Kansas nation of Indians shall be made, of a tract of land, to begin twenty leagues up the Kansas river, and to include their village on that river; extending West thirty miles in width, through the lands ceded in the first Article, to be surveyed and marked under the direction of the President, and to such extent as he may deem necessary, and at the expense of the United States. The agents for the Kansas, and the persons attached to the agency, and such teachers and instructors as the President shall authorize to reside near the Kansas, shall occupy, during his pleasure, such lands as may be necessary for them within this reservation.

ARTICLE 3. In consideration of the cession of land and relinquishments of claims,

Payment to them for their cession.

made in the first Articles, the United States agree to pay to the Kansas nation of Indians, three thousand five hundred dollars per annum, for twenty successive years, at their villages, or at the entrance of the Kansas river, either in money, merchandize, provisions, or domestic animals, at the option of the aforesaid Nation; and when the said annuities, or any part thereof, is paid in merchandize, it shall be delivered to them at the first cost of the goods in Saint Louis, free of transportation.

ARTICLE 4. The United States, immediately upon the ratification of this convention,

Cattle, hogs, &c. to be furnished by U.S.

or as soon thereafter as may be, shall cause to be furnished to the Kansas Nation, three hundred head of cattle, three hundred hogs, five hundred domestic fowls, three yoke of oxen, and two carts, with such implements of agriculture as the Superintendant of Indian Affairs may think necessary; and shall employ such persons to aid and instruct them in their agriculture, as the President of the United States may deem expedient; and shall provide and support a blacksmith for them.

ARTICLE 5. Out of the lands herein ceded by the Kanzas Nation to the United

Land to be sold for support of schools.

States, the Commissioner aforesaid, in behalf of the said United States, doth further covenant and agree, that thirty-six sections of good lands, on the Big Blue river, shall be laid out under the direction of the President of the United States, and sold for the purpose of raising a fund, to be applied, under the direction of the President, to the support of schools for the education of the Kanzas children, within their Nation.

ARTICLE 6. From the lands above ceded to the United States, there shall be made

Reservations for the use of half-breeds.

the following reservations, of one mile square, for each of the half breeds of the Kanzas nation, viz: For Adel and Clement, the two children of Clement; for Josette, Julie, Pelagie, and Victoire, the four children of Louis Gonvil; for Marie and Lafleche, the two children of Baptiste of Gonvil; for Laventure, the son of Francis Laventure; for Elizabeth and Pierre Carbonau, the children of Pierre Brisa; for Louis Joncas; for Basil Joncas; for James Joncas; for Elizabeth Datcherute, daughter of Baptiste Datcherute; for Joseph Butler; for William Rodgers; for Joseph Coté; for the four children of Cicili Compare, each one mile square; and one for Joseph James, to be located on the North side of the Kanzas river, in the order above named, commencing at the line of the Kanzas reservation, and extending down the Kanzas river for quantity.

246

ARTICLE 7.

Agreement entered imo by the U. S. for certain purposes.

With the view of quieting all animosities which may at present exist between a part of the white citizens of Missouri and the Kanzas nation, in consequence of the lawless depredations of the latter, the United States do further agree to pay to their own citizens, the full value of such property as they can legally prove to have been stolen or destroyed

Proviso.

since the year 1815: Provided, The sum so to be paid by the United States shall not exceed the sum of three thousand dollars.

ARTICLE 8.

Payment to F. G. Choteau.

And whereas the Kanzas are indebted to Francis G. Choteau, for credits given them in trade, which they are unable to pay, and which they have particularly requested to have included and settled in the present Treaty; it is, therefore, agreed on, by and between the parties to these presents, that the sum of five hundred dollars, towards the liquidation of said debt, shall be paid by the United States to the said Fran cois G. Choteau.

ARTICLE 9.

Merchandise to amount of $2000 to be delivered at the Kanzas river.

There shall be selected at this place such merchandize as may be desired, amounting to two thousand dollars, to be delivered at the Kanzas river, with as little delay as possible; and there shall be paid to the deputation now here, two thousand dollars in merchandize and horses, the receipt of which is hereby acknowledged; which, together with the amount agreed on in the 3d and 4th articles, and the provisions made in the other articles of this Treaty, shall be considered as a full compensation for the cession herein made.

ARTICLE 10.

Punishment of offences.

Lest the friendship which is now established between the United States and the said Indian Nation should be interrupted by the misconduct of Individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made by the party injured, to the other by the said nation, to the Superintendent, or other person appointed by the President to the Chiefs of said nation. And it shall be the duty of the said Chiefs, upon complaints being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the State or Territory where the offence may have been committed; and in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said nation, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner

Chiefs to exert themselves to recover stolen properly, &c.

as if the injury had been done to a white man. And it is agreed, that the Chiefs of the Kanzas shall, to the utmost of their power, exert them selves to recover horses or other property which may be stolen from any citizen or citizens of the United States, by any individual or individuals of the Nation; and the property so recovered shall be forthwith delivered to the Superintendent, or other person authorized to receive it, that it may be restored to its proper owner; and in cases where the exertions of the Chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be adduced that such property was actually stolen, by any Indian or Indians belonging to the said nation, the Superintendent or other officer may deduct from the annuity of the said nation a sum equal to the value of the property which has been stolen. And the United States hereby guarantee, to any Indian or Indians, a full indemnification for any horses or other property which may

Proviso.

be stolen from them by any of their citizens: Provided, That the pro-TREATY WITH THE PONCARS. 1825.247perty so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Nation of Kanzas engage, on the requisition or demand of the President of the United States, or of the Superintendent, to deliver up any white man resident amongst them.

ARTICLE 11. It is further agreed on, by and between the parties to these presents,

U. S. to enjoy the right of navigating the water courses, &c.

that the United States shall forever enjoy the right to navigate freely all water courses or navigable streams within the limits of the tract of country herein reserved to the Kanzas Nation; and that the said Kanzas Nation shall never sell, relinquish, or in any manner dispose of the lands herein reserved, to any other nation, person or persons whatever, without the permission of the United States for that purpose first had and obtained. And shall ever remain under the protection of the United States, and in friendship with them.

ARTICLE 12. This Treaty shall take effect, and be obligatory on the contracting

Treaty binding when ratified.

parties, as soon as the same shall be ratified by the President, by and with the consent and advice of the Senate of the United States.

In testimony whereof, the said William Clark, Commissioner as aforesaid, and the Deputation, Chiefs, Head-men and Warriors of the Kanzas Nation of Indians, as aforesaid, have hereunto set their hands and seals, this third day of June, in the year of our Lord eighteen hundred and twenty-five, and of the Independence of the United States of America the forty-ninth year.

WILLIAM CLARK.

Nom-pa-wa-rah, or the white plume.

Ky-he-ga-wa-ti-nin-ka, or the full chief.

Ky-he-ga-wa-che-he, or the chief of great valour.

O-pa-she-ga, or the cooper.

Ky-he-ga-shin-ga, or the little chief.

Ke-bah-ra-hu.

Me-chu-chin-ga, or the little white bear.

Hu-ru-ah-te, or the Real Eagle.

Ca-she-se-gra, or the track that sees far.

Wa-can-da-ga-tun-ga, or the great doctor.

Cha-ho-nush.

Ma-he-ton-ga, or the American.

Witnesses present:—R. Wash, Secretary. W. B. Alexander, Sub-Tndian Agent. John F. A. Sandford. G. C. Sibley, United States’ Commissioner. Baronet Vasquez, United States’ S. Agent. Russel Farnham. Jno. K. Walker. Jno. Simonds, jr. Sanderson Robert. L. T. Honore, U. S. Intptr. William Milburn. Baptis Ducherut, Interpreter for Kansas. Paul Louise, Osago Interpreter. Noel Dashnay, Interpreter. Ant. Le Claire, Interpreter.

To the Indian names arc subjoined marks.

June 9, 1825 Treaty 7 Stat. 247 TREATY WITH THE PONCAR TRIBE.

June 9, 1825.

Proclamation, Feb. 6, 1826.

For the purposes of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Poncar tribe of Indians, the President of the United States of America, by Brigadier General Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose of the one part, and the undersigned Chiefs, Head-men, and 248Warriors, of the Poncar tribe of Indians, on behalf of said tribe, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1.

Supremacy of U. S. acknowledged.

It is admitted by the Poncar tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

U. S. will take the Poncars under their protection.

The United States agree to receive the Poncar tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Trade, &c. to be transacted at such places as the President may designate.

All trade and intercourse with the Poncar tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4.

Regulation of trade among the Indians.

That the Poncar tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Poncar tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of the Poncar district of country. And the said Poncar tribe further agree, that if any foreigner, or other person not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent, or agent of Indian Affairs, or to the Commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect, in their persons and property, ail agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 5.

Course to be pursued in order to prevent injuries by individuals.

That the friendship which is now established between the United States and the Poncar tribe should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the 249Chiefs of said Poncar tribe shall, to the utmost of their power, exert

Chiefs to exert themselves to recover stolen property.

themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be

Proviso.

recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Poncar tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage, that

No guns, &c. to be furnished by them to those hostile to U. S.

their tribe will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Poncar Village, at the mouth of White Paint Creek, the first below the Qui Carre River, this 9th day of June, A. D. 1825, and of the Independence of the United States the forty-ninth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Poncar tribe, have hereunto set their hands, and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Shu-de-gah-he—or He who makes Smoke.

Wah-ha-nee-chee—or He who Hides Something.

Wah or the Hoe.

O-nam-ba-haa—or Lightning.

Tie-e-kee-ree—or Big Head with Tangled Hair.

Wa-we-shu-shee—or The Brave.

Ou-de-cowee—or The one that has been Wounded.

Ne-ou-gree—or Prairie Apple.

Woh-ge-a-mussee—or the flying Iron. Ish-ca-da-bee—or Child Chief.

Wah-buc-kee—or the Bull that Leads.

Wah-ha-nega—or He that has no Knife.

Mah-shar-harree—or He walks on land.

Mach-souch-kee-na-pabee—or He who fears no Bears.

Ca-hee-tha-bee—or Black Raven.

Gah-he-ga—or the Relative of the Chiefs.

Na-hee-tapee—or He that Stamps.

Na-ne-pa-shee—or One that Knows.

Witnesses—H. Leavenworth, Col. U. S. Army. S. W. Kearney, Br. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. G. H. Kennedy, U. S. S. Ind. Agt. John Gale, Surgeon U. S. Army. J. Gantt, Capt. 6th Inf. Wm. Armstrong, Capt. 6th Reg. Inf. S. MacRee, Lieut. 1st Inf. J. Rogers, Lieut. 6th Inf. Thomas Noel, Lieut. 6th Inf. S. Wragg, Adjt. 1st Reg. Inf. R. Holmes, Lieut. 6th Inf. Thos. P. Gwynn, Lieut. 1st Inf. L. M. Note, Lt. 6th Inf. Jas. W. Kingsbury, Lt, 1st Reg. Inf. M. W. Batman, Lieut. 6th Inf. Wm. L. Harris, 1st Inf. R. M. Coleman, A. Surgeon U. S. A. Wm. Gordon. A. Langham. P. M Promo. A. L. Langham, Sec. to the Com.

To the Indian names are subjoined a mark and seal.

June 22, 1825 Treaty 7 Stat. 250 TREATY

June 22, 1825.

Proclamation, Feb. 6, 1826.

With the Teton, Yancton, and Yanctonies bands of the Sioux tribe of Indians.

For the purposes of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion of dissention, as it respects trade and friendship between the United States and their citizens, and the Teton, Yancton, and Yanctonies bands of the Sioux tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States’ army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose of the one part, and the undersigned Chiefs, head men and Warriors of the Teton, Yancton, and Yanctonies bands of the Sioux tribe of Indians, on behalf of said bands or tribe of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate; shall be binding on both parties—to wit:

ARTICLE 1.

Supremacy of U. S. acknowledged.

It is admitted by the Teton, Yancton and Yanctonies bands of Sioux Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said bands also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

Protection of U. S. extended to them.

The United States agree to receive the said Teton, Yancton, and Yanctonies bands of Sioux Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Places for trade to be designated by the President.

All trade and intercourse with the Teton, Yancton, and Yanctonies bands shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said bands of Indians.

ARTICLE 4.

Regulation of trade with Indians.

That the Teton, Yancton, and Yanctonies bands may be accommodated with such articles of merchandize, &c. as their necessities may demand, the United States agree to admit and licence traders to hold intercourse with said tribes or bands, under mild and equitable regulations: in consideration of which, the Teton, Yancton, and Yanctonies bands bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Teton, Yancton, and Yanctonies bands further agree, that if any foreigner or other person, not legally authorized by the United 250 TREATY WITH THE TETONS, ETC. 1825.251States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent, or agent of Indian Affairs, or to the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country: and to protect, in their persons and property, all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 5. That the friendship which is now established between the United

Course to be pursued in order to prevent injuries by individuals, &c.

States and the Teton, Yancton, and Yanctonies bands should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said bands, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is

Chiefs to exert themselves to recover stolen property.

agreed, that the chiefs of the said Teton, Yancton, and Yanctonies bands shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States by any individual or individuals of said bands; and the property so recovered shall be forthwith delivered to the agents, or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said bands, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that

Proviso.

sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Teton, Yancton, and Yanctonies bands engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage, their

No arms to be furnished by Indians to persons not in amity with U. S.

band or tribe will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at Fort Lookout, near the Three Rivers of the Sioux Pass, this 22d day of June, A. D. 1825, and of the Independence of the United States the forty-ninth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Headmen, and Warriors, of the Teton, Yancton, and Yanctonies bands, of Sioux tribe, have hereunto set their hands, and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff. 252TREATY WITH THE SIOUNES AND OGALLALAS. 1825.

Yanctons.

Maw-too-sa-be-kia—the black bear.

Wacan-o-hi-gnan—the flying medicine.

Wuh-ha-ginga—the little dish.

Cha-pon-ka—the musqueto.

Eta-ke-nus-ke-an—the mad face.

To-ka-oo—the one that kills.

O-ga-tee—the fork.

You-ia-san—the warrior.

Wah-ta-ken-do—the one who comes from war.

To-qui-in-too—the little soldier.

Ha-sas-sah—the Ioway.

Telons—Chiefs.

Ta-tan-ka-guenish-qui-gnan—the mad buffaloe,

Mah-to-ken-do-ha-cha—the hollow bear.

E-gue-mon-wa-con-ta—the one that shoots at the tiger.

Jai-kan-kan-e—the child chief.

Shawa-non, or O-e-te-kah—the brave.

Warriors.

Man-to-dan-za the running bear.

Wa-can-guela-sassa—the black lightning.

Wa-be-la-wa-con—the medicine war eagle.

Cam-pes-cah-o-ran-co—the swift shell.

Eh-ra-ka-che-ka-la—the little elk.

Na-pa-a-mus-ka—the mad hand.

J-a-pee—the soldier.

Hoo-wa-gah-hak—the broken leg.

Ce-cha-he—or the burnt thigh.

O-caw-sec-non-gea—or the spye.

Ta-tun-ca-sce-ha-hue-ka—the buffaloe with the long foot.

Ah-kee-che-ha-cho-ga-la—the little soldier.

In presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army. S. W. Kearney, Br. Maj. 1st Inf. G. H. Kennedy, U. S. S. Ind. Agt. P. Wilson, U. S. S. Ind. Agt. Wm. Armstrong, Capt. 6th Regt. Inf. R. B. Mason, Capt. 1st Inf. J. Gantt, Caph 6th Inf. S. MacRee, Lieut. and Aid-de-camp. Wm. S. Harney, Lieut. 1st Inf. Thomas Noel, Lieut. 6th Inf. B. Riley, Capt. 6th Inf. James W. Kingsbury, Lieut. 1st Regt. S. Wragg, Ajt. 1st Regt. G. C. Spencer, Capt. 1st Inf. A. S. Miller, Lieut. 1st Inf. H. Swearingen, Lieut. 1st Inf. Thos. P. Gwynn, Lieut. 1st Inf. M. W. Batman, Lieut. 6th Inf. George C. Hutter, Lieut. 6th Inf. J. Rogers, Lieut. 6th Inf. Wm. Day, Lieut. 1st Inf. John-Gale, Surgeon U. S. Army. D. Ketchum, Maj. U. S. Army. R. H. Stuart, Lieut. 1st Inf. Wm. Gordon. Jean Baptiste Dorion.

To the Indian names are subjoined marks.

July 5, 1825 Treaty 7 Stat. 252 TREATY WITH THE SIOUNE AND OGALLALA TRIBES

July 5, 1825.

Proclamation, Feb. 6, 1826

For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Sioune and Ogallala bands of the Sioux tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head-men, and Warriors, of the said Sioune and Ogallala bands of Sioux Indians, on behalf of their bands, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties, —to wit:

ARTICLE 1.

Supremacy of U. S. acknowledged.

It is admitted by the Sioune and Ogallala bands of Sioux Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said bands also admit the right of the United States to regulate all trade and intercourse with them.

253

ARTICLE 2. The United States agree to receive the Sioune and Ogallala bands of

U. S. receive them under their protection.

Sioux into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3. All trade and intercourse with the Sioune and Ogallala bands shall

Places for trade to be designated by the President.

be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said bands of Indians.

ARTICLE 4. That the Sioune and Ogallala bands may be accommodated with such

Regulation of trade among the Indians.

articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said bands, under mild and equitable regulations: in consideration of which, the Sioune and Ogallala bands bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Sioune and Ogallala bands further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United Slates’ superintendent, or agent of Indian affairs, or to the commandant of the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect, in their persons and property, all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or interrupt any American citizen or citizens who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5. That the friendship, which is now established between the United

Course to be pursued in order to prevent injuries by individuals, &c.

States and the Sioune and Ogallala bands should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the injured party, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons, against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence or murder, shall be committed on any Indian or Indians belonging to the said bands, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the

Chiefs to exert themselves to recover stolen property.

chiefs of said Sioune and Ogallala bands shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said bands; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said 254bands, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, The property stolen cannot be recovered, and that sufficient proff is produced that it was actually stolen by a citizen of the United States. And the said Sioune and Ogallala bands engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6.

No guns, &c. to be furnished by them to any tribe, &c. hostile to U. S.

And the Chiefs and Warriors, as aforesaid, promise and engage, that their bands will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the mouth of the Teton River, this 5th day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Sione and Ogallala bands, have hereunto set their hands, and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Siounes—Chiefs.

Wah-e-ne-ta—The Rushing Man,

Cah-re-we-ca-ce—The Crow Feather,

Ma-ra-sea—The White Swan,

Chan-dee—The Tobacco,

O-ke-ma—The Chief,

Tow-cow-sa-no-pa—The Two Lance.

Warriors.

Chan-ta-wah-nee-cha—The No Heart,

He-hum-pee—The One that has a Voice in his Neck,

Num-cah-pah—The One that Knocks down Two.

Ogallala—Chiefs.

Ta-tun-ca-nash-sha—.The Standing Buffalo,

He-a-long-ga—The Shoulder,

Ma-to-weot-co—The Full White Bear,

Wa-na-re-wag-she-go—The Ghost Boy.

Warriors.

Ek-hah-ka-sap-pa—The Black Elk,

Tah-tong-ish-nan-na—The One Buffalo,

Mah-to-ta-tong-ca—The Bullaloe White Bear.

Nah-ge-nish-ge-ah—The Mad Soul.

Siounes of the Fire-hearts Band, who Sign at Camp Hidden Creek, on the 12th July, 1825.

Chiefs.

Chan-te-pa-ta—The Fire Heart,

Wah-con-ta-mon-ee—The One that Shoots as he Walks,

Ke-ah-ash-sha-pa—The One that makes a Noise as he Flies.

Warriors.

Mato-ca-kee-pa—The One that is afraid of th White Bear,

Ho-ton-co-kee-pa—The One that is afraid of his Voice,

Wom-dish-ki-a-ta—The Spotted War Eagle,

Cha-lon-we-cha-ca-ta—The One that kills the Buffalo,

Ca-re-no-pa—The Two Crows,

Ca-re-a-lun-ca—The Crow that sits Down,

To-ke-a-we-cha-ca-ta—The One that Kills First.

In the presence of P. Wilson, U. S. S. Ind. Agt. John Gale, Surgeon U. S. Army. D. Ketchum, Maj. U. S. A. L. M. Note, Lieut. U. S. A. G. C. Spencer, Capt. 1st Inf. M. W. Batman, Lieut. 6th Inf. Wm. Armstrong, Capt. 6th Reg. Inf. Jas. W. Kingsbury, Lt. 1st Reg. I. R. Holmes, Lieut. 6th Inf. R. M. Coleman, U. S A. W. Harris, Lieut. 1st Inf. H. Leavenworth, Col. U. S. A. B. Riley, Capt. 6th Inf. S. Wragg, Adj. 1st Reg. Inf. Wm. Day, Lieut. U. S. A. C. Pentland, Capt. 5th Inf. G. H. Konnerly, U. S. S. Ind. Agt. Thos. P. Gwynn, Lieut. 1st Inf.

Witnesses to the Signatures of the Fire-hearts Band, as executed on the 12th July, 1825.

A. L. Langham, Sec. to the Com. G. H. Kennedy, U. S. S. Ind. Agt. H. Leavenworth, Col. U. S. A. S. W. Kearney, Br. Maj, 1st Inf. P. Wilson, U. S. S. Ind. Agt R. M. Coleman, U. S. A. Wm. Armstrong, Capt. 6th Reg. Inf. J. Gantt, Capt 6th Inf.

To the Indian names wo subjoined a mark and seal.

July 6, 1825 Treaty 7 Stat. 255 TREATY WITH THE CHAYENNE TRIBE.

July 6, 1825.

Proclamation, Feb. 6, 1826.

For the Purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Chayenne tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States’ army, and Major Benjamin O’Fallon, Indian agent, with full powers and authority, specially appointed and commissioned for that purpose of the one part, and the undersigned Chiefs, Head-men and Warriors, of the Chayenne tribe of Indians, on behalf of said tribe, of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1. It is admitted by the Chayenne tribe of Indians, that they reside

Supremacy of U.S. acknowledged.

within the territorial limits of the United States, acknowledge their supremacy, and claim their protection,—The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2. The United States agree to receive the Chayenne tribe of Indians

U. S. receive them under their protection.

into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3. All trade and intercourse with the Chayenne tribe shall be transacted

Places for trade to be designated by the President.

at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorised by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4. That the Chayenne tribe may be accommodated with such articles of

Regulation of trade.

merchandise, &c. as their necessities may demand, the United States agree to admit and license traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Chayenne tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Chayenne tribe further agree, that if any foreigner or other person, not legally authorised by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorised by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest 255 TREATY WITH THE CHAYENNES. 1825.256or interrupt any American citizen or citizens, who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5.

Course to be pursued inorder to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Chayenne tribe, should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner as

Chiefs to exert themselves to recover stolen property.

if the injury had been done to a white man. And it is agreed, that the Chiefs of said Chayenne tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorised to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Chayenne tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6.

No guns, &c. to be furnished to any tribe hostile to U. S.

And the Chiefs and Warriors, as aforesaid, promise and engage that their tribe will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the mouth of the Teton River, this sixth day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Headmen and Warriors, of the Chayenne tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Chiefs.

Sho-e-mow-e-to-chaw-ca-we-wah-ca-to-we, or the wolf with the high back,

We-che-ga-la, or the little moon,

Ta-ton-ca-pa, or the buffaloe head,

J-a-pu, or the one who talks against the others.

Warriors.

Ta-ke-ehe-sco, or the white deer,

Chah-pac-pah-ha, or the one that raises the war club,

Ta-ton-ca-hoo-oh-ca-la-be-pa-ha, or the pile of buffaloe bones,

Ma-te-wash-e-na, or the little white bear,

Shong-ge-mon-e-to, or the wolf,

Shong-ge-mon-e-to-e-ah-ca, or the running wolf,

Nah-pa-ton-ca, or the big hand,

Oh-kee-che-ta, or the soldier,

Tah-hi-o-ta, or the lousy man.

TREATY WITH THE HUNKPAPAS. 1825. 257

In presence of G. H. Kennerly, U. S. S. Ind. Agt. John Gale, Surg. U. S. A. D. Ketchum, Maj. U. S. A. B. Riley, Capt. 6th Infantry. J. Gantt, Capt. 6th Inf. C. Pentland, Capt. 6th Inf. R. B. Mason, Capt. 1st Inf. R. M. Coleman, U. S. A. G. C. Spencer, Capt. 1st Inf. R. Holmes, Lt. 6th Inf. M. W. Batman, Lieut. 6th Inf. L. M. Nute, Lieut. U. S. A. Wm. S. Harney, Lieut. 1st Inf. Jas. W. Kingsbury, Lieut. 1st Reg. Inf. Wm. Armstrong, Capt 6th Reg. Inf. S. W. Kearny, Br. Maj. 1st Inf. H. Leavenworth, Bt. Col. 6th Inf. J. V. Swearengen, Lieut. 1st Inf. R. M. Coleman, U. S. A. C. Harris, Lieut. 1st Inf. Wm. Bay, Lieut. U. S. A. S. Wragg, Agt 1st Reg. Inf. Thos. P. Gwynn, Lieut. 1st Inf.

To the Indian names are subjoined a mark and seal.

July 16, 1825 Treaty 7 Stat. 257 TREATY

July 16, 1825.

With the Hunkpapas Band of the Sioux tribe.

For the purpose of perpetuating the friendship which has heretofore

Proclamation, Feb. 6, 1826.

existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Hunkpapas band of the Sioux tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States Army, and Major Benjamin O’Fallon, Indian agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Headmen, and Warriors of the said Hunkpapas band of Sioux Indians, on behalf of their band, of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties, to wit:

ARTICLE 1. It is admitted by the Hunkpapas band of Sioux Indians that they

Supremacy of U. S. acknowledged.

reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said band also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2. The United States agree to receive the Hunkpapas band of Sioux

U. S. receive them under their protection.

ARTICLE 3. All trade and intercourse with the Hunkpapas band shall be transacted

Places for trade to be designated by the President.

at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said band of Indians.

ARTICLE 4. That the Hunkpapas band may be acommodated with such articles

Regulation of trade.

of merchandize, &c., as their necessaties may demand, the United States 258agree to admit and licence traders to hold intercourse with said band under mild and equitable regulations: in consideration of which, the Hunkpapas band bind themselves to extend protection, to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Hunkpapas band further agree, that if any foreigner, or other person not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 5.

Course to be pursued in order to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Hunkpapas band should not be interrupted by the misconduct of individuals, it is hereby agreed that, for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the injured party, to the superintendent or agent of Indian affairs, or other person appointed by the President: and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to the said band, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner

Chiefs to exert themselves to recover stolen property, &c.

as if the injury had been done to a white man. And it is agreed, that the chiefs of said Hunkpapas band shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said band; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said band, a full indemnification for any horses or other property which may

Proviso.

be stolen from them by any of their citizens: Provided, That the property stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Hunkpapas band engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any who man resident among them.

ARTICLE 6.

No guns, &c. to be furnished by them to enemies of U. S.

And the Chiefs and Warriors, as aforesaid, promise and engage that their band will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Auricara Village, this sixteenth day of July, A. D. 1825, and of the independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men and Warriors of TREATY WITH THE RICARAS. 1825.259the Hunkpapas tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Mato-che-gal-lah—little white bear,

Ch-sa-wa-ne-che—the one that has no name.

Tah-hah-nee-ah—the one that scares the game.

Taw-ome-nee-o-toh—the womb.

Mah-to-wee-tah—the white bear’s face.

Pah-sal-sa—the Auricara.

Ha-hah-kuska—the white elk.

In presence of A. L. Langhorn, Sec. to the Com. H. Leavenworth, Col. U. S. A. P. Wilson, U. S. Ind. Agt. G. H. Kennedy, U. S. S. Ind. Agt. G. C. Spencer, Capt. 1st Inf. John Gale, Surg. U. S. A. R. M. Coleman, U. S. A. J. Gantt, Capt. 6th Inf. J. Rogers, Lieut. 6th Inf. D. Ketchum, Major U. S. Army. Jas. W. Kingsbury, Lieut. 1st Regt. Inf. Thomas Noel, Lieut. 6th Inf. R. H. Stuart, Lieut. 1st Inf. L. M. Nute, Lieut. U. S. A. Colin Campbell.

To the Indian names are subjoined a mark and seal.

July 18, 1825 Treaty 7 Stat. 259 TREATY WITH THE RICARA TRIBE.

July 18, 1825.

To put an end to an unprovoked hostility on the part of the Ricara Proclamation, Feb. 6, 1825.Tribe of Indians against the United States, and to restore harmony between the parties, the President of the United States, by Brigadier-general Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, Commissioners duly appointed and com missioned to treat with the Indian tribes beyond the Mississippi river, give peace to the said Ricara Tribe; the Chiefs and Warriors thereof having first made suitable concessions for the offence. And, for the purpose of removing all further or future cause of misunderstanding as respects trade and friendly intercourse between the parties, the above named Commissioners on the part of the United States, and the undersigned Chiefs and Warriors of the Ricara Tribe of Indians on the part of said Tribe, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties, to wit:

ARTICLE 1. Henceforth there shall be a firm and lasting peace between the

Peace and friendship.

United States and the Ricara tribe of Indians; and a friendly intercourse shall immediately take place between the parties.

ARTICLE 2. It is admitted by the Ricara tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy,

Supremacy of U. S. acknowledged.

and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 3. The United States agree to receive the Ricara tribe of Indians into

U. S. will take the Ricaras under their protection.

their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient and seem just and proper to the President of the United States.

ARTICLE 4. All trade and intercourse with the Ricara tribe shall be transacted

Regulation of trade among the Indians.

260

ARTICLE 5.

Trade, &c., to be transacted at such places as the President may designate.

That the Ricara tribe may be accommodated with such articles of merchandize, &c. as their necessities may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Ricara tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, while they remain within the limits of their district of country. And the said Ricara tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 6.

Course to be pursued in order to prevent injuries by individuals.

That the friendship which is now established between the United States and the Ricara tribe, shall not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of the

Chiefs to exert themselves to recover stolen property.

said Ricara tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any

Proviso.

of their citizens: 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 the said Ricara tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 7.

No guns, &c. to be furnished by them to any nation, &c., hostile to the U. S.

And the Chiefs and Warriors, as aforesaid, promise and engage that their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or bands of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Ricara Village, this eighteenth day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the said commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors of TREATY WITH THE MINNETAREES. 1825.261the Ricara tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. In. Aff.

Chiefs.

Stan-au-pat—the bloody hand.

Ca-car-we-ta—the little bear.

Scar-e-naus—the skunk.

Chan-son-nah—the fool chief.

Chan-no-te-nena—the chief that is afraid.

Coon-ca-ne-nos-see—the bad bear.

Warriors.

En-hah-pe-tar—the two nights.

Ca-ca-ne-show—the crow chief.

Pa-can-wah—the old head.

Wah-ta-an—the light in the night.

Hon-eh-cooh—the buffalo that urinates and smells it.

Ta-hah-son-the lip of the old buffalo.

Coo-wooh-war-e-scoon-hoon—the long-haired bear.

Ne-sha-non-nack—the chief by himself.

Ah-ree-squish—the buffalo that has horns.

Ou-cous-non-nair—the good buffalo.

Nack-sa-nou-wees—the dead heart.

Pah-too-car-rah—the man that strikes.

Toon-high-oun—the man that runs.

Car-car-wee-as—the heart of the crow.

In the presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army, S. W. Kearney, Bt. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. Wm. Armstrong, Capt. 6th Reg. Inf. B. Riley, Capt. 6th Inf. J. Gantt, Capt. 6th Inf. G. C. Spencer, Capt. 1st Inf. R. B. Mason, Capt. 1st Inf. W. S. Harney, Lt. 1st Inf. John Gale, Surg. U. S. A. R. M. Coleman, U. S. A. S. Wragg, Adjt. 1st Reg. Inf. S. Mac Ree, Lieut. A. Camp. R. Holmes, Lieut. 6th Inf. R. H. Stuart, Lieut. 1st Inf. Jas. W. Kingsbury, Lieut. 1st Reg. I. L. M. Nute, Lieut. U. S. A. W. Harris, Lieut. 1st Inf. G. H. Kennerly, U. S. S. Ind. Agt. P. Wilson, U. S. Sub Ind. Agt. Antoine Garreau, Interpreter. Joseph Garreau, Interpreter. Pierre Garreau.

To the Indian names are subjoined a mark and seal.

July 30, 1825 Treaty 7 Stat. 261 TREATY

July 30, 1825.

With the Belantse-etoa or Minnetsaree Tribe.

Whereas acts of hostility have been committed, by some restless men of the Belantse-etea or Minnetaree tribe of Indians, upon some

Proclamation. Feb. 6, 1826.

of the citizens of the United States: therefore, to put a stop to any further outrages of the sort, and to establish a more friendly understanding between the United States and the said Belantse-etea or Minnetaree tribe, the President of the United States, by Henry Atkinson, Brigadier-general of the United States’ army, and Major Benjamin O’Fallon, Indian Agent, commissioners duly appointed and commissioned to treat with the Indian tribes beyond the Mississippi river, for give the offences which have been committed, the Chiefs and Warriors having first made satisfactory explanations touching the same. And, for the purpose of removing all future cause of misunderstanding, as respects trade and friendly intercourse, between the parties, the abovenamed Commissioners, on the part of the United States, and the undersigned chiefs and Warriors of the Belantse-etea or Minnetaree tribe of Indians, on the part of said tribe, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1. Henceforth there shall be a firm and lasting peace between the United States and the Belantse-etea or Minnetaree tribe of Indians; and a

Peace and friendship.

friendly intercourse shall immediately take place between the parties.

262

ARTICLE 2.

Supremacy of U. S. acknowledged.

It is admitted by the Belantse-etea or Minnetaree tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection.—The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 3.

U. S. to receive them into their friendship.

The United States agree to receive the Belantse-etea or Minnetaree tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 4.

Places of trade to be designated by the President.

All trade and intercourse with the Belantse-eta or Minnetaree tribe shall be transacted at such place or places as may be designated and pointed out, by the President of the United States, through his agents: and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 5.

Regulation of trade.

That the Belantse-eta or Minnetaree tribe may be accommodated with such articles of merchandize, &c., as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Belantse-eta or Minnetaree tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their district of country. And the said Belantse-eta or Minnetaree tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to reside temporarily among them.

ARTICLE 6.

Course to be pursued in order to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Belantse-eta or Minnetaree tribe shall not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty, shall be punished in like maimer as if the injury had been done to a white man. And it is agreed that the Chiefs of the said Belantse-eta or Minnetaree tribe shall, to the utmost of their power, exert themselves to recover horses 263or other property, which may he stolen or taken from any citizen or

Chiefs to exert themselves to recover stolen property.

citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be

Proviso.

recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Belantse-eta or Minnetaree tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 7. And the Chiefs and Warriors, as aforesaid, promise and engage

No guns, &c. to be furnished by them to those hostile to U. S.

that their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Lower Mandan Village, this thirtieth day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs and Warriors of the said Belantse-eta, or Minnetaree tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Affs.

Chiefs.

Shan-sa-bat-say-e-sec—the wolf chief.

E-re-ah-ree—the one that makes the road.

Pas-ca-ma-e-ke-rce—the crow that looks.

E-tah-me-nah-ga-e-shec—the guard of the red arrow.

Mah-shu-ca-lah-pah-see—the dog bear.

Oh-sha-lah-ska-a-tee.

Kah-re-pe-shu-pc-sha, the black buffaloe.

Ah-too-pah-shee-pe-sha—the black mocasins.

Mah-buk-sho-okee-ah—the one that carries the snake.

Warriors.

At-ca-chis—the back lodges.

Nah-rah-ah-a-pa—the color of the hair.

Pa-ta-e-shec-as—the wicked cow.

Kee-re-pee-ab-too—the buffaloe head.

Lah-pa-ta-see-e-ta—the bear’s tail.

Pa-ta-lah-kee—the white cow.

Ah-sha-re-te-ah—the big thief.

Bo-sa-nah-a-mee—the three wolves.

San-jah-oe-tee—the wolf that has no tail.

Sa-ga-e-rce-shus—the finger that stinks.

Me-ah-cah-ho-ka—the woman that lies.

Ah-mah-a-ta—the Missouri.

E-sha-kee-te-ah—the big fingers.

Mah-shu-kah-e-te-ah—the big dog.

Be-ra-ka-ra-ah—the rotten wood.

E-ta-ro-sha-pa—the big brother.

In the presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army. G. H. Kennedy, U. S. Sub. Ind. Agt. John Gale, Surg. U. S. A. D. Ketheum, Maj. U.S. Army. John Gantt, Capt. 6th Inf. Wm. Day, Lt. 1st Inf. R. B. Mason, Capt. 1st Inf. Jas. W. Kingsbury, Lt. 1st Regt. I. R. Holmes, Lt. 6th Inf. J. Rodgers, Lt. 6th Inf. W. S. Harney, Lt. 1st Inf. L. M. Nute, Lt. 6th Inf. B. Riley, Capt. 6th Inf. R. M. Coleman, A. Surg. U. S. A. George C. Hutter, Lt. 6th Inf. Colin Campbell. P. Wilson, U. S. Sub. Ind. Agt. Touissant Chaboneau, Interp. S. W. Kearney, Bt. Maj. 1st Inf. Wm. Armstrong, Capt. 6th Regt. Inf.

To be Indian names are subjoined a mark and seal.

July 30, 1825 Treaty 7 Stat. 264 TREATY WITH THE MANDAN TRIBE.

July 30, 1825.

Whereas acts of hostility have been committed by some restless men

Proclamation, Feb. 6, 1826.

of the Mandan Tribe of Indians, upon some of the citizens of the United States: Therefore, to put a stop to any further outrages of the sort; and to establish a more friendly understanding between the United States and the said Mandan Tribe, the President of the United States, by Henry Atkinson, Brigadier General of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, Commissioners duly appointed and commissioned to treat with the Indian Tribes beyond the Mississippi river, forgive the offences which have been committed; the Chiefs and Warriors having first made satisfactory explanations touching the same. And, for the purpose of removing all future cause of misunderstanding as respects trade and friendly intercourse between the parties, the above named Commissioners on the part of the United Slates, and the undersigned Chiefs and Warriors of the Mandan Tribe of Indians on the part of said Tribe, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1.

Peace and friendship.

Henceforth there shall be a firm and lasting peace between the United States and the Mandan tribe of Indians; and a friendly intercourse shall immediately take place between the parties.

ARTICLE 2.

Supremacy of U. S. acknowledged.

It is admitted by the Mandan tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection.—The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 3.

U. S. agree to receive Indians into their friendship, &c.

The United States agree to receive the Mandan tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 4.

Places for trade to be designated by the President.

All trade and intercourse with the Mandan tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 5.

Regulation of trade.

That the Mandan tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Mandan tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their district of country. And the said Mandan tribe further agree, that if any foreigner or other 264 TREATY WITH THE MANDANS. 1825.265person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 6. That the friendship which is now established between the United

Course to be pursued in order to prevent injuries by individuals, &c.

States and the Mandan tribe, shall not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of

Chiefs to exert themselves to recover stolen property.

the said Mandan tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forth with delivered to the agents or other person authorized to receive it, that it maybe restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Mandan tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 7. And the Chiefs and Warriors as aforesaid, promise and engage that

No ammunition, &c. to be furnished by them to enemies of U. S.

their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Mandan village, this thirtieth day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the commissioners, Henry Atkinson, and Benjamin O’Fallon, and the Chiefs and Warriors of the Mandan tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Chiefs.

Mat-sa-to-pas-lah-hah-pah—the chiefs of four men.

San-jah-mat-sa-eta—the wolf chiefs.

Ah-ra-na-shis—the one that has no arm.

Bot-sa-a-pa—the color of the wolf.

Cou-ke-sheesse—the good child.

266TREATY WITH THE CROWS. 1825.

Lah-pa-see-ta-re-tah—the bear that does not walk.

Par-res-kah-cah-rush-ta—the little crow.

Warriors 1st Village.

Obah-chash—the broken leg.

La-pet-see-to-a-pus—the four bears.

Sah-cou-ga-rah-lah-pet-see—the bird of the bears.

She-cah-aga-mat-sa-et-see—the little young man that is a chief.

Kee-re-pee-ah-pa-rush—the neck, of the buffaloe.

Bo-si-e-ree-bees—the little wolf that sleeps.

2nd Village.

San-jah-ca-ho-ka—the wolf that lies.

Ede-shu-bee—the fat of the paunch.

Pa-res-ca-a-huss—the band of crows.

Ba-rah-rah-ca-tah—the broken pot.

Me-ra-pa-sha-po—the five beavers.

Bout-sa-ca-ho-ka—the crouching prairie wolf.

In the presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army. S. W. Kearney, Bt. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. B. Riley, Capt. 6th Inf. P. Wilson, U. S. S. Ind. Agt. S. MacRee, Lieut. and A. Camp. R. B. Mason, Capt. 1st Inf. G. C. Spencer, Capt. 1st Inf. J. Gantt, Capt 6th Inf. Thomas Noel, Lieut. 6th Inf. R. Holmes, Lieut. 6th Inf. J. Rogers, Lieut. 6th Inf. Jas. W. Kingsbury, Lt. 1st Regt I. L. M. Nute, Lt. 6th Inf. S. Wragg, Adjt. 1st Regt. Inf. M. W. Batman, Lieut. 6th Inf. Thomas P. Gwynn, Lieut. 1st Inf. George C. Hutter, Lieut. 6th Inf. William Day, Lieut. 1st Inf. John Gale, Surg. U. S. A. R. M. Coleman, A. Surgeon U. S. A. W. S. Harney, Lt. 1st Inf. J. C. Culbertson. G. H. Kennedy, U. S. S. Ind. Ag’t. A. S. Miller, Lieut. 1st Inf. Colin Campbell. Touissant Chabonoe, Interpreter.

To the Indian names are subjoined a mark and seal.

Aug. 4, 1825 Treaty 7 Stat. 266 TREATY WITH THE CROW TRIBE.

Aug. 4, 1825.

For the purpose of perpetuating the friendship which has heretofore

Proclamation, Feb. 6, 1826.

existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Crow tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States’ army, and Major Benjamin O’Fallon, Indian agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head men and Warriors, of the said Crow tribe of Indians, on behalf of their tribe, of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1.

Supremacy of U. S. acknowledged.

It is admitted by the Crow tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection.—The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

Indians received into protection of U. S.

The United States agree to receive the Crow tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Places for trade to be designated by the President.

All trade and intercourse with the Crow tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American 267citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4. That the Crow tribe may be accommodated with such articles of

Regulation of trade.

merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Crow tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their district of country. And the said Crow tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ Superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them; and that they will not, whilst on their distant excursions, molest or interrupt any American citizen or citizens, who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5. That the friendship which is now established between the United

Course to be pursued in order to prevent injuries to individuals, &c.

States and the Crow tribe, should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like maimer, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to the said tribe, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of

Chiefs to exert themselves to recover stolen property.

said Crow tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property stolen cannot be recovered, and

Proviso.

that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage that

No guns, &c. to be furnished by them to enemies of U. S.

their tribe will never, by sale, exchange, or as presents, supply any 268TREATY WITH THE OSAGES. 1825.nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Mandan Village, this fourth day of August, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs and Warriors, of the Crow tribe of Indians, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Chiefs.

E-she-huns-ka, or the long hair.

She-wo-cub-bish, one that sings bad.

Har-rar-shaeb, one that rains.

Chay-ta-pah-ha, wolf’s paunch.

Huch-che-racb, little black dog.

Mah-pitch, bare shoulder.

Esh-ca-ca-naah-hoo, the standing lance.

Che-rep-con-nes-ta-chca, the little white bull.

Ah-mah-shay-she-ra, the yellow big belly.

Co-tah-bah-sah, the one that runs.

Bah-cha-na-mach, the one that sits in the pine.

He-ran-dah-pah, the one that ties his hair before.

Bes-ca-bar-ru-sha, the dog that eats.

Nah-puch-kia, the little one that holds the stick in his mouth.

Bah-da-ah-chan-dah, the one that jumps over every person.

Mash-pah-hash, the one that is not right,

In presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army. S. W. Kearney, Br. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. R. B. Mason, Capt. 1st Inf. G. C. Spencer, Capt. 1st Inf. J. Gantt, Capt. 6th Inf. Thos. P. Gwynn, Lieut. 1st Inf. Saul MacRee, Lieut. and A. Camp. Thomae Noel, Lieut. 6th Inf. Wm. L. Harris, 1st Inf. John Gale, Surg. U. S. A. J. V. Swearengen, Lieut. 1st Inf. R. Holmes, Lt. 6th Inf. M. W. Batman, Lieut. 6th Inf. R. M. Coleman, U. S. A. J. Rogers, Lieut. 6th Inf. Wm. Day, Lieut. 1st Inf. G. H. Kennedy, U. S. S. Ind. Ag’t. B. Riley, Capt. 6th Inf. Wm. S. Harney, Lieut. 1st Inf. Jas. W. Kingsbury, Lieut. 1st Reg. Inf. George C. Hutter, Lieut. 6th Inf. Wm. Armstrong, Capt. 6th Reg. Inf.

To the Indian names are subjoined a mark and seal.

Aug. 10, 1825 Treaty 7 Stat. 268 TREATY WITH THE GREAT AND LITTLE OSAGES.

Aug. 10, 1825.

Whereas the Congress of the United States of America being anxious to promote a direct commercial and friendly intercourse between the Proclamation,

May 3, 1826

1825, ch. 50.

citizens of the United States and those of the Mexican Republic, and, to afford protection to the same, did, at their last session, pass an act, which was approved the 3d March, 1825, “to authorize the President of the United States to cause a road to be marked out from the Western frontier of Missouri to the confines of New Mexico,” and which authorizes the President of the United States to appoint Commissioners to carry said act of Congress into effect, and enjoins on the Commissioners, so to be appointed, that they first obtain the consent of the intervening tribes of Indians, by treaty, to the marking of said road, and to the unmolested use thereof to the citizens of the United States and of the Mexican Republic; and Benjamin H. Reeves, Geo. C. Sibley, and Thomas Mather, Commissioners duly appointed as aforesaid, being duly and fully authorized, have this day met the Chiefs and Head men of the Great and Little Osage Nations, who being all duly authorized to meet and negotiate with the said Commissioners upon the premises, and being specially met for that purpose, by the invitation of said Commissioners, at the place called the Council Grove, on the river Nee-o-zho, one hun-269dred and sixty miles south-west from Fort Osage; have, after due deliberation and consultation, agreed to the following Treaty, which is to be considered binding on the said Great and Little Osages, from and after this day:

ARTICLE 1. The Chiefs and Head Men of the Great and Little Osages, for themselves

Agreement.

and their nations, respectively, do consent and agree that the Commissioners of the United States shall and may survey and mark out a road, in such manner as they may think proper, through any of the territory owned or claimed by the said Great and Little Osage Nations.

ARTICLE 2. The Chiefs and Head Men, as aforesaid, do further agree that the

Further agreement.

road authorized in article 1, shall, when marked, be forever free for the use of the citizens of the United States and of the Mexican Republic, who shall at all times pass and repass thereon, without any hindrance or molestation on the part of the said Great and Little Osages.

ARTICLE 3. The Chiefs and Head Men as aforesaid, in consideration of the

Friendly relations.

friendly relations existing between them and the United States, do further promise, for themselves and their people, that they will, on all fit occasions, render such friendly aid and assistance as may be in their power, to any of the citizens of the United States, or of the Mexican Republic, as they may at any time happen to meet or fall in with on the road aforesaid.

ARTICLE 4. The Chiefs and Head Men, as aforesaid, do further consent and agree

Road.

that the road aforesaid shall be considered as extending to a reasonable distance on either side, so that travellers thereon may, at any time, leave the marked tract, for the purpose of finding subsistence and proper camping places.

ARTICLE 5. In consideration of the privileges granted by the Chiefs of the Great

Privileges.

and Little Osages in the three preceding articles, the said Commissioners on the part of the United States, have agreed to pay to them, the said Chiefs, for themselves and their people, the sum of five hundred dollars; which sum is to be paid them as soon as may be, in money or merchandize, at their option, at such place as they may desire.

ARTICLE 6. And the said Chiefs and Head Men, as aforesaid, acknowledge to

Merchandise, &c.

have received from the Commissioners aforesaid, at and before the signing of this Treaty, articles of merchandize to the value of three hundred dollars; which sum of three hundred dollars, and the payment stipulated to be made to the said Osages in Article 5, shall he considered, and are so considered by said Chiefs, as full and complete compensation for every privilege herein granted by said Chiefs.

In testimony whereof, the said Benjamin H. Reeves, George C. Sibley, and Thomas Mather, Commissioners as aforesaid, and the Chiefs and Head men of the Great and Little Osage Tribes of Indians, have hereunto set their hands and seals, at Council Grove, this tenth day of August, in the year of our Lord one thousand eight hundred and twenty-five, in the presence of—

B. H. REEVES, G. C. SIBLEY, THOMAS MATHER. 270TREATY WITH THE KANSAS. 1825.

Pahu-sha, (White Hair,) head chief of the Great Osages,

Ca-he-ga-wa-tonega, (Foolish Chief,) head chief of the Little Osages,

Shin-ga-wassa, (Handsome Bird,) Chief of the Great Osages,

Ta-ha-mo-nee, (Swift Walker,) Chief Little Osages,

Ca-he-ga-wash-im-pee-she, (Bad Chief,) Chief Great Osages,

Wee-ho-je-ne-gare, (Without Ears,) Chief Little Osages,

Ca-he-ga-shinga, (Little Chief,) Chief Great Osages,

Waw-bur-cou, Warrior Little Osages,

Maw-sho-hun-ga, Warrior Great Osages,

Waw-lo-gah, (Owl,) Warrior Little Osages,

Maw-she-to-mo-nee, Warrior Great of Osages,

Che-he-kaw, Warrior Little Osages,

Ne-ha-wa-she-tun-ga, Warrior Great Osages,

Ho-no-posse, Warrior Little Osages,

Waw-kun-chee, Warrior Great Osages,

Puw-ne-no-push-re, Warrior Little Osages.

Archibald Gamble, Secretary. Jos. C. Brown, Surveyor. W. S. Williams, Int. Stephen Cooper, Samuel Givens, Richard Brannan, Garrison Patrick, Daniel J. Bahan, I. R. Walker, Singleton Vaughn, Benjamin Jones, Bradford Barbe, Hendley Cooper, John M. Walker, Joseph Davis, George West, Thomas Adams, James Brotherton.

To the Indian names are subjoined a mark and seal.

Aug. 16, 1825 Treaty 7 Stat. 270 TREATY WITH THE KANSAS INDIANS.

Aug. 16, 1825.

Whereas the Congress of die United States of America being anxious Proclamation,

May 3, 1826

.to promote a direct commercial and friendly intercourse between the citizens of the United States and those of the Mexican Republic, and, to afford protection to the same, did, at their last session, pass an act,

1825, ch. 50.

which was approved the 3d of March, 1825, “to authorize the President of the United States to cause a road to be marked out from the Western frontier of Missouri to the confines of New Mexico,” and which authorizes the President of the United States to appoint Commissioners to carry said act of Congress into effect, and enjoins on the Commissioners, so to be appointed, that they first obtain the consent of the intervening tribes of Indians, by treaty, to the marking of said road and to the unmolested use thereof to the citizens of the United States and of the Mexican Republic; and Benjamin H. Reeves, Geo. C. Sibley, and Thomas Mather, being duly appointed Commissioners as aforesaid, and being duly and fully authorized, have this day met the Chiefs and Head Men of the Kansas tribe of Indians, who, being all duly authorized to meet and negotiate with the said Commissioners upon the pre mises, and being specially met for that purpose, by the invitation of said Commissioners, on the Sora Kansas Creek, two hundred and thirty-eight miles Southwestwardly from Fort Osage; have, after due deliberation and consultation, agreed to the following Treaty, which is to be considered binding on the said Kansas Indians, from and after this day:

ARTICLE 1.

Road to be surveyed, &c.

The Chiefs and Head Men of the Kansas nation, or tribe of Indians, for themselves and their nation, do consent and agree that the Commissioners of the United States shall, and may survey and mark out a road, in such manner as they may think proper, through any of the territory owned or claimed by the said Kansas Tribe or nation of Indians.

ARTICLE 2.

Said road to be free, &c.

The Chiefs and Head Men, as aforesaid, do further agree that the road authorized in article 1, shall, when marked, be forever free for the use of the citizens of the United States and of the Mexican Republic, 271who shall at all times pass and repass thereon, without any hindrance or molestation on the part of the said Kansas Indians.

ARTICLE 3. The Chiefs and Head Men as aforesaid, in consideration of the

Kansas to render assistance to citizens of U. S. and of Mexico.

ARTICLE 4. The Chiefs and Head Men, as aforesaid, do further consent and

Distance to which the road shall be considered to extend.

agree that the road aforesaid shall be considered as extending to a reasonable distance on either side, so that travellers thereon may, at. any time, leave the marked track, for the purpose of finding subsistence and proper camping places.

ARTICLE 5. In consideration of the privileges granted by the Chiefs of Kansas

Payment of indemnity by U. S.

Tribe in the three preceding articles, the said commissioners, on the part of the United States, have agreed to pay to them, the said Chiefs, for themselves and their people, the sum of five hundred dollars; which sum is to be paid them as soon as may be, in money or merchandize, at their option, at such place as they may desire.

ARTICLE 6. And the said Chiefs and Head Men, as aforesaid, acknowledge to

Acknowledgment of the chiefs, &c. of said tribe.

have received from the Commissioners aforesaid, at and before the signing of this Treaty, articles of merchandize to the value of three hundred dollars; which sum of three hundred dollars, and the payment stipulated to be made to the said Kansas in article 5, shall be considered, and are so considered by said Chiefs, as full and complete compensation for every priviledge herein granted by said Chiefs.

In testimony whereof, the said Benjamin H. Reeves, George C. Sibley, and Thomas Mather, Commissioners as aforesaid, and the Chiefs, Head Men of the Kansas Tribe or nation of Indians, have hereunto set their hands and seals, on the Sora Kansas Creek aforesaid, this sixteenth day of August, in the year of our Lord one thousand eight hundred and twenty-five.

B. H. REEVES. G. C. SIBLEY. THOMAS MATHER.

Shone-gee-ne-gare—the great chief of the Kansas nation,

Ke-hea-bash-ee—eldest son of the great chief, a warrior and leader,

Hu-ra-soo-gee, the red eagle, a chief and warrior,

Opa-sbe-ga, the unready, a warrior,

Nun-gee-saggy, the hard heart, a warrior and counsellor,

Nee-a-ke-shah—a chief, brother of the great chief,

Ee-be-scen-gee—a warrior,

Wa-rig-ni-ne-gare—a warrior,

Hah-ce-see-she, white plume’s deputy, Kansas nation, warrior,

Nec-ha-wash-in-tun-ga, the passionate, warrior,

Has-ska-mo-nee, white horns that walk, warrior,

To-ka-mee-ra, the scalper, warrior,

Mee-ra-ta-mo-nee, the midway walker, warrior,

Mo-nee-ra-ta, he who walks off, chief,

Mo-she-ha-mo-nee, the ridge walker, warrior,

Saw-nee-wah-ree, the striker of three, warrior.

272TREATY WITH THE SIOUX, ETC. 1825.

In presence of Archibald Gamble, Secretary. Jos. G. Brown, Surveyor. W. S. Williams, Interpreter. Stephen Cooper, Daniel T. Bahon, Benjamin Robertson, David Murphy, Singleton Vaughn, John M. Walker, Andrew Broaddies, Benjamin Jones, Hendley Cooper, James Wells, Joseph R. Walker, Samuel Givens, James Brotherton, Harvy Clark.

To the Indian names are subjoined a mark and seal.

Aug. 19, 1825 Treaty 7 Stat. 272 TREATY

Aug. 19, 1825.

Proclamation, Feb. 6, 1826.

With the Sioux and Chippewa, Sacs and Fox, Menominie, Ioway, Sioux, Winnebago, and a portion of the Ottawa, Chippewa, and Potawattomie, Tribes.

The United States of America have seen with much regret, that wars have for many years been carried on between the Sioux and the Chippewas, and more recently between the confederated tribes of Sacs and Foxes, and the Sioux; and also between the Ioways and Sioux; which, if not terminated, may extend to the other tribes, and involve the Indians upon the Missouri, the Mississippi, and the Lakes, in general hostilities. In order, therefore, to promote peace among these tribes, and to establish boundaries among them and the other tribes who live in their vicinity, and thereby to remove all causes of future difficulty, the United States have invited the Chippewa, Sac, and Fox, Menominie, Ioway, Sioux, Winnebago, and a portion of the Ottowa, Chippewa, and Potawatomie Tribes of Indians living upon the Illinois, to assemble together, and in a spirit of mutual conciliation to accomplish these objects; and to aid therein, have appointed William Clark and Lewis Cass, Commissioners on their part, who have met the Chiefs, Warriors, and Representatives of the said tribes, and portion of tribes, at Prairie des Chiens, in the Territory of Michigan, and after full deliberation, the said tribes, and portions of tribes, have agreed with the United States, and with one another, upon the following articles:

ARTICLE 1.

Firm and perpetual peace.

There shall be a firm and perpetual peace between the Sioux and Chippewas; between the hunt within the acknowledged limits of any other without

ARTICLE 2.

Line between the respective countries.

It is agreed between the confederated Tribes of the Sacs and Foxes, and the Sioux, that the Line between their respective countries shall be as follows: Commencing at the mouth of the Upper Ioway River, on the west bank of the Mississippi, and ascending the said Ioway river, to its left fork; thence up that fork to its source; thence crossing the fork of Red Cedar River, in a direct line to the second or upper fork of the Desmoines river; and thence in a direct line to the lower fork of the Calumet river; and down that river to its juncture with the Missouri river. But the Yancton band of the Sioux tribe, being principally interested in the establishment of the line from the Forks of the Desmoines to the Missouri, and not being sufficiently represented to render the definitive establishment of that line proper, it is expressly declared that the line from the forks of the Desmoines to the forks of the Calumet river, and down that river to the Missouri, is not to be considered as settled until the assent of the Yancton band shall be given thereto. And if the said band should refuse their assent, the arrange-273ment of that portion of the boundary line shall be void, and the rights of the parties to the country bounded thereby, shall be the same as if no provision had been made for the extension of the line west of the forks of the Desmoines. And the Sacs and Foxes relinquish to the

Relinquishment of Sacs and Foxes.

tribes interested therein, all their claim to land on the east side of the Mississippi river.

ARTICLE 3. The Ioways accede to the arrangement between the Sacs and Foxes,

Iowas accede to the arrangement.

and the Sioux; but it is agreed between the Ioways and the confederated tribes of the Sacs and Foxes, that the Ioways have a just claim to a portion of the country between the boundary line described in the next preceding article, and the Missouri and Mississippi; and that the said Ioways, and Sacs and Foxes, shall peaceably occupy the same, until some satisfactory arrangement can be made between them for a division of their respective claims to country.

ARTICLE 4. The Ottoes not being represented at this Council, and the Commissioners

Claim of the Ottoes not to be affected by this treaty.

for the United States being anxious that justice should be done to all parties, and having reason to believe that the Ottoes have a just claim to a portion of the country upon the Missouri, east and south of the boundary line dividing the Sacs and Foxes and the Ioways, from the Sioux, it is agreed between the parties interested therein, and the United States, that the claim of the Ottoes shall not be affected by any thing herein contained; but the same shall remain as valid as if this treaty had not been formed.

ARTICLE 5. It is agreed between the Sioux and the Chippewas, that the line

Agreement between the Sioux and Chippewas.

dividing their respective countries shall commence at the Chippewa River, half a day’s march below the falls; and from thence it shall run to Red Cedar River, immediately below the Falls; from thence to the St. Croix River, which it strikes at a place called the standing cedar, about a day’s paddle in a canoe, above the Lake at the mouth of that river; thence passing between two lakes called by the Chippewas “Green Lakes,” and by the Sioux “the lakes they bury the Eagles in,” and from thence to the standing cedar, that “the Sioux Split;” thence to Rum River, crossing it at the mouth of a small creek called choaking creek, a long day’s march from the Mississippi; thence to a point of woods that projects into the prairie, half a day’s march from the Mississippi; thence in a straight line to the mouth of the first river which enters the Mississippi on its west side above the mouth of Sac river; thence ascending the said river (above the mouth of Sac river) to a small lake at its source; thence in a direct line to a lake at the head of Prairie river, which is supposed to enter the Crow Wing river on its South side; thence to Otter-tail lake Portage; thence to said Otter-tail lake, and down through the middle thereof, to its outlet; thence in a direct line, so as to strike Buffalo river, half way from its source to its mouth, and down the said river to Red River; thence descending Red river to the mouth of Outard or Goose creek: The eastern boundary of the Sioux commences opposite the mouth of Ioway river, on the Mississippi, runs back two or three miles to the bluffs, follows the bluffs crossing Bad axe river, to the mouth of Black river, and from Black river to half a day’s march below the Falls of the Chippewa River.

ARTICLE 6. It is agreed between the Chippewas and Winnebagoes, so far as they

Agreement between the Chippewas and the Winnebagoes.

are mutually interested therein, that the southern boundary line of the Chippewa country shall commence on the Chippewa river aforesaid, 274half a day’s march below the falls of that river, and run thence to the source of Clear Water river, a branch of the Chippewa; thence south to Black River; thence to a point where the woods project into the medows, and thence to the Plover Portage of the Ouisconsin.

ARTICLE 7.

Agreement between the Winnebagoes and the Sioux, &c.

It is agreed between the Winnebagoes and the Sioux, Sacs and Foxes, Chippewas and Ottawas, Chippewas and Potawatoinies of the Illinois, that the Winnebago country shall be bounded as follows: south easterly by Rock River, from its source near the Winnebago lake, to the Winnebago village, about forty miles above its mouth; westerly by the east line of the tract, lying upon the Mississippi, herein secured to the Ottawa, Chippewa and Potawatomie Indians, of the Illinois; and also by the high bluff, described in the Sioux boundary, and running north to Black river: from this point the Winnebagoes claim up Black river, to a point due west from the source of the left fork of the Ouiconsin; thence to the source of the said fork, and down the same to the Ouisconsin; thence down the Ouisconsin to the portage, and across the portage to Fox river; thence down Fox river to the Winnebago lake, and to the grand Kan Kanlin, including in their claim the whole of Winnebago lake; but, for the causes stated in the next article, this line from Black river must for the present be left indeterminate.

ARTICLE 8.

Agreement between the Menominies and the Sioux, &c.

The representatives of the Menominies not being sufficiently acquainted with their proper boundaries, to settle the same definitively, and some uncertainty existing in consequence of the cession made by that tribe upon Fox River and Green Bay, to the New York Indians, it is agreed between the said Menominie tribe, and the Sioux, Chippewas, Winnebagoes, Ottawa, Chippewa and Potawatomie Indians of the Illinois, that the claim of the Menominies to any portion of the land within the boundaries allotted to either of the said tribes, shall not be barred by any stipulation herein; but the same shall remain as valid as if this treaty had not been concluded. It is, however, understood that the general claim of the Menominies is bounded on the north by the Chippewa country, on the east by Green Bay and lake Michigan extending as far south as Millawaukee river, and on the West they claim to Black River.

ARTICLE 9.

Boundary of the Ottawas, Chippewas, and Pottawatimies.

The country secured to the Ottawa, Chippewa, and Potawatomie tribes of the Illinois, is bounded as follows: Beginning at the Winnebago village, on Rock river, forty miles from its mouth, and running thence down the Rock river to a line which runs from Lake Michigan to the Mississippi, and with that line to the Mississippi, opposite to Rock Island; thence up that river to the United States reservation, at the mouth of the Ouisconsin; thence with the south and east lines of the said reservation to the Ouisconsin; thence, southerly, passing the heads of the small streams emptying into the Mississippi, to the Rock river at the Winnebago village. The Illinois Indians have also a just claim to a portion of the country bounded south by the Indian boundary line aforesaid, running from the southern extreme of lake Michigan, east by lake Michigan, north by the Menominie country, and north-west by

Ante, p. 140.

Rock river. This claim is recognized in the treaty concluded with the said Illinois tribes at St. Louis, August 24, 1816, but as the Millewakee and Manetoowalk bands are not represented at this Council, it cannot be now definitively adjusted.

ARTICLE 10. All the tribes aforesaid acknowledge the general controlling power 275of the United States, and disclaim all dependence upon, and connection Said tribes acknowledge the supremacy of the U. S. with, any other power. And the United States agree to, and recognize, the preceding boundaries, subject to the limitations and restrictions before provided. It being, however, well understood that the reservations at Fever River, at the Ouisconsin, and St. Peters, and the ancient settlements at Prairie des Chiens and Green Bay, and the land property thereto belonging, and the reservations made upon the Mississippi, for the use of the half breeds, in the treaty concluded with the

Ante, p. 229.

Sacs and Foxes, August 24, 1824, are not claimed by either of the said tribes.

ARTICLE 11. The United States agree, whenever the President may think it necessary

A council to be held in 1826.

and proper, to convene such of the tribes, either separately or together, as are interested in the lines left unsettled herein, and to recommend to them an amicable and final adjustment of their respective claims, so that the work, now happily begun, may be consummated. It is agreed, however, that a Council shall be held with the Yancton band of the Sioux, during the year 1826, to explain to them the stipulations of this treaty, and to procure their assent thereto, should they be disposed to give it, and also with the Ottoes, to settle and adjust their title to any of the country claimed by the Sacs, Foxes, and Ioways.

ARTICLE 12. The Chippewa tribe being dispersed over a great extent of country,

An assembly of the Chippewas to be convened.

and the Chiefs of that tribe having requested, that such portion of them as may be thought proper, by the Government of the United States, may be assembled in 1826, upon some part of Lake Superior, that the objects and advantages of this treaty may be fully explained to them, so that the stipulations thereof may be observed by the warriors. The Commissioners of the United States assent thereto, and it is therefore agreed that a council shall accordingly be held for these purposes.

ARTICLE 13. It is understood by all the tribes, parties hereto, that no tribe shall

No tribe to hunt within the acknowledged limits of any other, without their assent.

hunt within the acknowledged limits of any other without their assent, but it being the sole object of this arrangement to perpetuate a peace among them, and amicable relations being now restored, the Chiefs of all the tribes have expressed a determination, cheerfully to allow a reciprocal right of hunting on the lands of one another, permission being first asked and obtained, as before provided for.

ARTICLE 14. Should any causes of difficulty hereafter unhappily arise between any

In case of difficulty between the tribes.

of the tribes, parties hereunto, 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.

ARTICLE 15. This treaty shall be obligatory on the tribes, parties hereto, from and

When to take effect.

after the date hereof, and on the United States, from and after its ratification by the government thereof.

Done and signed and sealed at Prairie des Chiens, in the Territory of Michigan, this nineteenth day of August, one thousand eight hundred and twenty-five, and of the Independence of the United States the fiftieth.

WILLIAM CLARK, LEWIS CASS. 276

Sioux.

Wabasha, or the leaf.

Petette, Corbeau—little crow.

The Little, of the Wappitong tribe.

Tartunka-nasiah, Sussitong.

Sleepy Eyes, do.

Two Faces, do.

French Crow, Wappacoota.

Kee-jee, do.

Tar-se-ga, do.

Wa-ma-de-tun-ka, black dog.

Wan-na-ta, Yancton—or he that charges on his enemies.

Red Wing.

Ko-ko-ma-ko.

Sha-co-po, the sixth.

Pe-ni-si-on.

Eta-see-pa, Wabash as band.

Wa-ka-u-hee, Sioux band—rising thunder.

The Little Crow, Supetong.

Po-e-ha-pa, Me-da-we-con-tong—or eagle head.

Ta-ke-wa-pa, Wappitong—or medicine blanket.

Tench-ze-part, his bow.

Masc-pu-lo-chas-tosh, the white man.

Le-te-kar-munch, the buffaloe man.

Wa-sa-o-ta, Supetong—or a great of hail.

Ocyah-ko-ca, the crackling tract.

Mak-to-wah-ke-ark, the bear.

Winebagoes.

Les-quatres-gambes.

Carimine, the turtle that walks.

De-ca-ri.

Wan-ca-ha-ga, or snake’s skin.

Sa-sa-ma-ni.

Wa-non-che-qua, the merchant.

Chon-que-pa, or dog’s head.

Cha-rat-chon, the smoker.

Ca-ri-ca-si-ca, he that kills the crow.

Watch-kat-o-que, the grand canoe.

Ho-wa-mick-a, the little elk.

Menominies.

Ma-can-mc-to, medicine bear.

Chau-wee-non-mi-tai, medicine south wind.

Char-o-nee.

Ma-wesh-a, the little wolf.

A-ya-pas-mis-ai, the thunder that turns.

Cha-ne-pau, the riband.

La-me-quon, the spoon.

En-im-e-tas, the barking wolf.

Pape-at, the one just arrived.

O-que-men-ce, the little chief.

Chipaways.

Shingauba, W’Ossin—1st chief of the Chippawa nation, Saute St. Marie.

Gitspee, Jiauba—2d chief.

Gitspee, Waiskeo—or Le Bœuf of La Pointe Lake Superior.

Nain-a-boozho, of La Pointe Lake Superior.

Monga, Zid or loons’ foot of Fond du Lac.

Weescoup, or sucre of Fond du Lac.

Mush-Koas, or the elk of Fond du Lac.

Nau-bun, Aqueezbiok, of Fund du Lac.

Kau-ta-waubeta, or broken tooth of Sandy Lake.

Pugisaingegen, or broken arm of Sandy Lake.

Kwee-weezaishish, or Gross Guells of Sandy Lake.

Ba-ba-see-kem-dase, or curling hair of Sandy Lake.

Paashineep, or man shooting at the mark of Sandy Lake.

Pu-ga-a-gik, the little beef Leech Lake.

Pee-sec-ker, or buffaloe St. Croix band.

Nau-din, or the wind St. Croix band.

Nau-quan-a-bee, of Mille Lac.

Tu-kau-bis-hoo, or crouching lynk of Lac Courte Orielle.

The Red Devil, of Lac Courte Orielle.

The Track, of Lac Courte Orielle.

Ne-bo-na-bee, the mermaid Lac Courts Orielle.

Pi-a-gick, the single man St. Croix.

Pu-in-a-ne-gi, or the hole on the day Sandy Lake.

Moose-o-mon-e, plenty of elk St. Croix band.

Nees-o-pa-na, or two birds of Upper Red Cedar Lake,

Shaata, the pelican of Leech Luke.

Che-on-o-quet, the great cloud of Leech Lake.

I-au-ben-see, the little buck of Red Lake.

Kia-wa-tas, the tarrier of Leech Lake.

Mau-ge-ga-bo, the leader of Leech Lake.

Nan-go-tuck, the flame of Leech Lake.

Nee-si-day-sish, the sky of Red Lake.

Pee-chan-a-nim, striped feather of Sandy Lake.

White Devil, of Leech Lake.

Ka-ha-ka, the sparrow Lac Courte Orielle.

I-au-be-ence, little buck of Rice Lake.

Ca-ba-ma-beo, the assembly of St. Croix.

Nau-qua-nosh, the forward man Lake Flambeau.

Caw-win-dow, he that gathers berries of Sandy Lake.

On-qui-ess, the mink Lake Superior.

Ke-we-ta-ke-pe, all round the sky.

The Sees.

Ottowas.

Chaboner, or Chambly.

Shaw-fau-wick, the mink.

Pottawalomies.

Ignace.

Ke-o-kuk.

Che-chan-quose, the little crane.

Taw-wa-na-nce, the trader.

Socs.

Na-o-tuk, the stabbing chief.

Pish-ken-au-nee, all fish.

Po-ko-nau-qua, or broken arm.

Wan-cau-che, caglo nose.

Quash-kaume, jumping fish.

Ochaach, the fisher.

Ke-o-kuck, the watchful fox.

TREATY WITH THE OTTOES AND MISSOURIAS. 1825. 277

Skin-gwin-ee-seo, the ratter.

Was-ar-wis-ke-no, the yellow bird.

Pau-ko-tuk, the open sky.

Au-kaak-wun-e-suk, he that vaults on the earth.

Mu-ku-taak-wau-wet.

Mis-ke-bee, the standing hair.

Foxes.

Wau-ba-law, the playing fox.

Ti-a-mah, the bear that makes the rocks shake.

Pee-ar-moski, the jumping sturgeon.

Shagwa-na-tekwiaa, the thunder that is beard all over the world.

Mis-o-win, moose deer horn.

No-ko-wot, the down of the fur.

Nau-sa-wa-quot, the bear that sleeps on the forks.

Shin-quin-is, the ratler.

O-lo-pee-aau. or Mache-pabo-ta—the bear,

Keesis, the sun.

No-wank, he that gives too little.

Kau-ka-mote.

Neek-waa.

Ka-tuck-e-kan-ka, the fox with a spotted breast.

Mock-to-back-la-gum, black tobacco.

Wes-kesa, the bear family.

Ioways.

Ma-hos-ka, the white cloud.

Pumpkin.

Wa-ca-nee, the pamted medicine.

Tar-no-mun, a great many deer.

Wa-hoo-ga, the owl.

Ta-ca-mu-nee, the lightning.

Wa-push-a, the man killer.

To-nup-he-non-e, the flea.

Mon-da-tonga.

Cho-wa-row-a.

Witnesses.—Thomas Biddle, Secretary. R. A. McCabe, Capt. 5th Inf. R. A. Forsyth. N. Borlvin, U. S. Ind. Ag. C. C. Trowbridge, Sub. Ind. Agent. Henry R. Schoolcraft, U. S. Ind. Agent B. F. Harney, Surg. U. S. A. W. B. Alexander. Sub. Ind. Agent. Thomas Forsyth, Agent Ind. Aff. Maurice Blondaux. David Bailey. James McIlvaine, Lieut. U. S. Army. Law Taliaferro, Ind. Agent for Upper Mississippi. John Holiday, William Dickson. S. Campbell, U. S. Interpreter. J. A. Lewis. William Holiday. Dunable Dinglay. Bela Chapman.

To the Indian names are subjoined a mark and seal.

Sept. 26, 1825 Treaty 7 Stat. 277 TREATY

Sept. 26, 1825.

Proclamation, Feb. 6, 1826.

With the Ottoe and Missouri Tribe.

For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Ottoe and Missouri tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States’ army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head-men, and Warriors, of the said Ottoe and Missouri tribe of Indians, on behalf of their tribe, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1. It is admitted by the Ottoe and Missouri tribe of Indians, that they

Supremacy of U. S. acknowledged.

reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2. The United States agree to Teceive the Ottoe and Missouri tribe

Protection of U. S. extended to them.

of Indians into their friendship, and under their protection, and to 278extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Places For trade to be designated by the President.

All trade and intercourse with the Ottoe and Missouri tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4.

Regulation of trade with Indians.

That the Ottoe and Missouri tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the said Ottoe and Missouri tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Ottoe and Missouri tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States' super intendent, or agent of Indian Affairs, or to the Commandant of the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country: and to protect, in their persons and property, all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or interrupt any American citizen or citizens who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5.

Course to be pursued in order to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Ottoe and Missouri tribe should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaint shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the

Chiefs to exert themselves to recover stolen property.

injury had been done to a white man. And it is agreed, that the Chiefs of said Ottoe and Missouri tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen

Proviso.

from them by any of their citizens: Provided, That the property stolen cannot be recovered, and that sufficient proof is produced that it was TREATY WITH THE MAHAS. 1825.279actually stolen by a citizen of the United States. And the said Ottoe and Missouri tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage, that

No arms to be furnished by Indians to persons not in amity with U. S.

their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at Fort Atkinson, Council Bluffs, this 26th day of September, A. D. one thousand eight hundred and twenty-five, and of the Independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Ottoe and Missouri tribe, have hereunto set their hands, and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Ish-na-wong-ge-ge-he—the only chief,

Meh-ah-hun-jah—the big female,

Shunk-co-pe,

Sho-mon-e-ka-sa—the prairie wolf,

Wong-ge-ge-he—the chief,

Waw-zob-e-ing-ge—the little black bear,

E-ke-shaw-mon-ne—the walking bear,

Waw-ne-sung-e—the one who bears down,

Waw-ro-ne-sa—the bullet,

Wa-do-ke-ga,

Waw-paw-si-ae,

Taw-ing-ee—the little deer,

Gray-tan-in-ca—the sparrow hawk,

Raw-no-way-braw—the broken pipe, Eho-che-nung-a—the mad man,

Monto-ing-ge—the little white bear,

Mosk-ca-gaw-ha.

In presence of A. L. Langham, Sec. to the Com. A. R. Woolley, Lieut. Col. U. S. A. B. Riley, Capt. 6th Inf. J. Gantt, Capt. 6th Inf. John Gale, Surgeon U. S. Army Wm. N, Wickliffe, Lieut. U. S. A. G. W. Folger. Lieut. 6th U. S. Inf. J. Rodgers, Lieut. 6th Inf. L. M. Nute, Lieut. 6th Inf. M. W. Batman, Lieut. 6th. Inf. A. Richardson, Lieut. 6th Inf. J. Nichols, Lieut. 6th Inf. G. H. Crosman, Lieut. 6th Inf. G. H. Kennedy, U. S. S. Ind. Agt. W. W. Eaton, Lieut. 6th Inf. Michael Burdeau, Maha Interp. William Rodgers.

To the Indian names are subjoined a mark and seal.

Sept. 30, 1825 Treaty 7 Stat. 279 TREATY WITH THE PAWNEE TRIBE.

For the purpose of perpetuating the friendship which has heretofore

Sept. 30, 1825.

Proclamation, Feb. 6, 1826.

existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Pawnee tribe of Indians, the President of the United States of America, by Brigadier General Henry Atkinson, of the United States’ army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, head men and Warriors of said Pawnee tribe of Indians, on behalf of their tribe of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

280

ARTICLE 1.

Supremacy of U.S. acknowledged.

It is admitted by the Pawnee tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection.—The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

U. S. receive Pawnees under their protection.

The United States agree to receive the Pawnee tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Places for trade to be designated by the President.

All trade and intercourse with the Pawnee tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4.

Regulation of trade.

That the Pawnee tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the said Pawnee tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Pawnee tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent, or agent, of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or interrupt any American citizen or citizens, who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5.

Course to be pursued in order to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Pawnee tribe, shall not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent, or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as

Chiefs to exert themselves to recover stolen property.

if the injury had been done to a white man. And it is agreed, that the Chiefs of said Pawnee tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or 281taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Pawnee tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage that

No arms, &c. to be furnished by them to enemies of U. S.

their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at Fort Atkinson, Council Bluffs, this thirtieth day of September, A. D. one thousand eight hundred and twenty-five, and of the Independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Pawnee tribe, have hereunto set their hands and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agt. Ind. Aff.

Esh-ca-tar-pa—the bad chief.

Shar-co-ro-la-shar—the sun chief.

La-cota-ve-co-cho-la-sbar—the eagle chief.

La-tah-carts-la-shar.—the war eagle chief.

La-ta-le-shar—the knife chief.

Sear-lar-la-shar—the man chief.

La-ke-tar-la-sliar—the partisan chief.

Lark-tar-ho-ra-la-shar—the pipe chief.

Esh-ca-tar-pa—the bad chief republican band.

Co-rouch-la-shar—the bear chief.

Ah-sha-o-ah-lah-co—the dog chief.

La-ho-rah-sha-rcte—the man who strikes men.

Tah-rah-re-tah-coh-sha—the singing crow.

Lah-ro-wah-go—the hill chief.

Ta-rah-re-tah-nash—the big horse stealer.

La-shar-pah-he—the tranquil chief.

Ah-re-cah-rah-co-chu—the mad elk.

Ta-lah-re-ta-ret—the partisan that strikes and carries his bird on his back.

Ta-lah-re-we-tail—The Crow that strikes.

Lo-lab-re-wah—the horse stealer who suffers his prize to be retaken.

Ta-hah-lah-re-esh-lah—the handsome bird.

Ah-sho-cole— the rotten foot.

Ah-shar-o-ca-lah-cu—the poor man.

Cha-nuck-cah-lah—the partisan that strikes.

Ta-lahwe-eah-wah-re—the man that is always at war.

In presence of A. L. Langham, Sec. to the Com. A. R. Woolley. Lieut. Col. U.S.A. John Gale, Surg. U. S. A. J. Gantt, Capt. 6th Inf. S. MacRee, A. Camp. Thomas Noel, Adj. 6th Reg. J. Rogers, Lieut. 6th Inf. R. Holmes, Lt. 6th Inf. M. W. Batman, Lieut. 6th Inf. J. Nichols, Lieut. 6th Inf. W. W. Eaton, Lieut. 6th Inf. G. H. Kennedy, U. S. S. Ind. Agt. A. L. Papin. William Rodgers.

To the Indian names are subjoined a mark and seal.

Oct. 6, 1825 Treaty 7 Stat. 282 TREATY WITH THE MAHA TRIBE.

Oct. 6, 1825.

Proclamation, Feb. 6, 1826.

For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissention, as it respects trade and friendship between the United States and their citizens, and the Maha tribe of Indians, the President of the United States of America, by Brigadier General Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head-men and Warriors, of the said Maha tribe of Indians, on behalf of their tribe, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1.

Supremacy of U. S. acknowledged.

It is admitted by the Maha tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

U. S. receive them under their protection.

The United States agree to receive the Maha tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

Places for trade to be designated by the President.

All trade and intercourse with the Maha tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents: and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4.

Regulation of trade.

That the Maha tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Maha tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Maha tribe further agree, that if any foreigner, or other person not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States’ superintendent or agent of Indian Affairs, or to the Commandant of the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect in their persons and property, all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or inter-282283rupt any American citizen or citizens who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5. That the friendship which is now established between the United

Course to be pursued in order to prevent injuries by individuals, &c.

States and the Maha tribe should not be interrupted by the misconduct of individuals, it is hereby agreed, that, for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the

Chiefs to evert themselves to recover stolen property.

Chiefs of said Maha tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property stolen cannot be

Proviso.

recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Maha tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6. And the Chiefs and Warriors, as aforesaid, promise and engage, that

No guns, &c. to be furnished by them to those hostile to U. S.

their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at Fort Atkinson, Council Bluffs, this sixth day of October, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the said Commissioners, Henry Atkinson and Benjamin O’Fallon, and the Chiefs, Head-men, and Warriors, of the Maha tribe, have hereunto set their hands, and affixed their seals.

H. ATKINSON, Br. Gen. U. S. Army. BENJ. O’FALLON, U. S. Agi. Ind. Aff.

Opa-ton-ga—the big elk.

Oho-shin-ga—the man that cooks little in a small kettle.

Sa-da-ma-ne—he that arrives.

Wash-ca-ma-nee—the fast walker.

Shon-gis-cah—the white horse.

We-du-gue-noh—the deliberator.

Wa-shin-ga-sabba—the black bird.

Ta-noh-ga—the buffaloe bull.

Esh-sta-ra-ba _.

Ta-reet-tee—the side of a buffaloe.

Moh-pe-ma-nee—the walking cloud.

Momee-shee—he who Jays on the arrows from the number that pierce him.

Ma-sha-ke-ta—the soldier.

Te-sha-va-gran—the door of the lodge.

284 TREATY WITH THE SHAWNESS. 1825.

In presence of A. L. Langham, Sec. to the Com. A. R. Woolly, Lieut. Col. U. S. A. J. Gantt, Capt. 6th Inf. John Gale, Surgeon U. S. Army. George C. Hutter, Lieut. 6th Inf. M. W. Batman, Lieut. 6th Inf. G. H. Kennerly, U. S. S. Ind. Agt. Michael Burdeau, Interpreter. William Rodgers.

To the Indian names are subjoined a mark and seal.

Nov. 7, 1825 Convention 7 Stat. 284 ARTICLES OF A CONVENTION

Nov. 7, 1825.

Proclamation, Dec. 30, 1825.

Made between William Clark, Superintendent of Indian Affairs, and the undersigned Chiefs and Head Men of the Shawonee Nation of Indians, residing within the State of Missouri, duly authorized and empowered by said Nation, at the City of St. Louis, on the seventh day of November, in the year of our Lord one thousand eight hundred and twenty-five.

Preamble.

Whereas the Shawnee Indians were in possession of a tract of land near Cape Geredeau, in the State of Missouri, settled under a permission from the Spanish Government, given to the said Shawnees and Delawares by the Baron De Carondelet, on the fourth day of January, one thousand seven hundred and ninety-three, and recorded in the office of Recorder of Land Titles at St. Louis, containing about (25) twenty-five miles square, which said tract of land was abandoned by the Delawares, in the year 1815: and from which the said Shawnees, under an assurance of receiving other lands in exchange, did remove, after having made valuable and lasting improvements on the same, which were taken possession of by the citizens of the United States: And it being the desire of the United States fully to indemnify said tribe for all losses and injuries sustained by them by reason of such removal—the following articles have been agreed upon, between William Clark, Superintendent of Indian Affairs, specially authorized on the one part, and the undersigned Delegates of the Shawnee tribe, residing within the State of Missouri, on the other part:

ARTICLE 1.

Cession of land by the Shawnees.

The Shawnee tribe, do, hereby, cede and relinquish to the United States, all their claim, interest and title, to the lands on which they settled, near Cape Geredeau, under an authority of the Spanish government as aforesaid, situate, lying, and being between the River St. Come and Cape Geredeau, and bounded on the east by the Mississippi, and westwardly by White Water.

ARTICLE 2.

U. S. to give a certain tract in exchange.

It is further agreed by the contracting parties, that, in consideration of the cession aforesaid, the United States do, hereby, agree to give to the Shawnee tribe of Indians, within the State of Missouri for themselves and for those of the same nation, now residing in Ohio, who may hereafter emigrate to the west of the Mississippi, a tract of land equal to fifty (50) miles square, situated west of the State of Missouri, and within the purchase lately made from the Osages, by treaty bearing date the second day of June, one thousand eight hundred and twenty-five, and within the following boundaries: Commencing at a point (2) two miles north-west of the south-west corner of the State of Missouri; from thence, north, (25) twenty-five miles; thence, west, (100) one hundred miles; thence, south, (25) twenty-five miles; thence, east, (100) one hundred miles, to the place of beginning. But, whereas the said 285Shawnee tribe had valuable and lasting improvements within the tract of land hereby ceded, and moreover will have to incur expenses in their removal; it is further stipulated, that, for the purpose of rendering a fair

Further stipulation.

equivalent for the losses and inconveniences which said tribe will sustain by removal, and to enable them to obtain supplies in their new settlements, the United States agree to pay to the tribe emigrating from the lands herein ceded, the sum of fourteen thousand dollars, which amount shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty; five thousand dollars of which amount shall be furnished in domestic animals, implements of husbandry, and provisions, as soon as the said tribe remove upon the lands assigned them.

ARTICLE 3. It is further stipulated, that a deputation of the said parties of the

A deputation to explore the lands.

second part may be sent to explore the lands assighned to them in the preceding article; and if the same be not acceptable to them, upon an examination of the same, which shall be had, and made known to the Superintendent of Indian affairs at St. Louis, on or before April next, who shall, in lieu thereof, assighn to them an equal quantity of land, to be selected on the Kansas River, and laid off either south or north of that river, and west of the boundary of Missouri, not reserved or ceded to any other tribe.

ARTICLE 4. It appearing that the Shawnee Indians have various claims against

Payment of claims against citizens of U. S.

the citizens of the United States to a large amount, for spoliations of various kinds, but which they have not been able to support by the testimony of white men; the United States, in order to a final settlement of all such claims, do hereby agree to pay to the Shawnee nation, the sum of (11,000) eleven thousand dollars, to be distributed by them in such way as may be deemed equitable; and to support and keep a blacksmith for their use on the lands hereby assighned, for the term of five years, or as long as the President may deem advisable; and it is further stipulated,

Tools, &c. for the use of a blacksmith, to be furnished.

that the United States shall furnish for the use of the Shawnees, the tools necessary for the blacksmith’s shop, and (300) three hundred pounds of iron annually, to be furnished at the expense of the United States.

ARTICLE 5. The friendship heretofore existing between the United States and the

Friendship renewed.

Shawnee Nation, is, hereby, renewed and perpetuated.

ARTICLE 6. These articles shall take effect, and become obligatory on the contracting

Treaty obligatory when rutified.

parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said William Clark, and the said Delegates of the Shawnee Nation, have hereunto set their hands, at the City of St. Louis, the seventh day of November, one thousand eight hundred and twenty-five.

WILLIAM CLARK.

Wawelainni,

Kishkalwa,

Maywathekeha,

Capt. Reed, or Pathecoussa,

Nelawachika,

Waquiwais,

Napawita,

Pepamousse,

Pemitacamchika,

Peter Cornstalk, or Wyawimon, Interp’r,

Quamapea,

Pelmetachemo.

286 TREATY WITH THE CREEKS. 1826.

Witnesses present:— A. McNair, U. S. Indian Agent. R. Graham, U. S. Indian Agent. Pierre Menard, Sub-Indian Agent. John Campbell, Sub-Indian Agent. W. B. Alexander, Sub-Indian Agent. John F. A. Sandford. L. Vallé. John B. Saipy. Quatawapea, or Col. Lewis. Wysaosheka.

To the Indian names are subjoined a mark and seal.

Jan. 24, 1826 Treaty 7 Stat. 286 ARTICLES OF A TREATY

Jan. 24, 1826.

Proclamation, April 22, 1826.

1826, ch. 148.

Made at the City of Washington, this twenty-fourth day of January, one thousand eight hundred and twenty-six, between James Barbour, Secretary of War, thereto specially authorised by the President of the United States, and the undersigned, Chiefs and Head Men of the Creek Nation of Indians, who have received full power from the said Nation to conclude and arrange all the matters herein provided for.

Preamble.

Ante, p. 237.

Whereas a treaty was concluded at the Indian Springs, on the twelfth day of February last, between Commissioners on the part of the United States, and a portion of the Creek Nation, by which an extensive district of country was ceded to the United States. And whereas a great majority of the Chiefs and Warriors of the said Nation have protested against the execution of the said Treaty, and have represented that the same was signed on their part by persons having no sufficient authority to form treaties, or to make cessions, and that the stipulations in the said Treaty are, therefore, wholly void. And whereas the United States are unwilling that difficulties should exist in the said Nation, which may eventually lead to an intestine war, and are still more unwilling that any cessions of land should be made to them, unless with the fair understanding and full assent of the Tribe making such cession, and for a just and adequate consideration, it being the policy of the United States, in all their intercourse with the Indians, to treat them justly and liberally, as becomes the relative situation of the parties.

Now, therefore, in order to remove the difficulties which have thus arisen, to satisfy the great body of the Creek Nation, and to reconcile the contending parties into which it is unhappily divided, the following articles have been agreed upon and concluded, between James Barbour, Secretary of War, specially authorised as aforesaid, and the said Chiefs and Head Men representing the Creek Nation of Indians:

ARTICLE 1.

Treaty of Indian Springs declared null and void.

Ante, p. 237.

The Treaty concluded at the Indian Springs, on the twelfth day of February, one thousand eight hundred and twenty-five, between Commissioners on the part of the United States and the said Creek Nation of Indians, and ratified by the United States on the seventh day of March, one thousand eight hundred and twenty-five, is hereby declared to be null and void, to every intent and purpose whatsoever; and every right and claim arising from the same is hereby cancelled and surrendered.

ARTICLE 2.

Lands ceded to the U. S.

The Creek Nation of Indians cede to the United States all the land belonging to the said Nation in the State of Georgia, and lying on the east side of the middle of the Chatahoochie river. And, also, another 287tract of land lying within the said State, and bounded as follows: Beginning at a point on the western hank of the said river, forty-seven miles below the point where the boundary line between the Creeks and Cherokees strikes the Chatahoochie river, near the Buzzard’s Roost, measuring the said distance in a direct line, and not following the meanders of the said river; and from the point of beginning, running in a direct line to a point in the boundary line, between the said Creeks and the Cherokees, thirty miles west of the said Buzzard’s Roost; thence to the Buzzard’s Roost, and thence with the middle of the said river to the place of beginning.

ARTICLE 3. Immediately after the ratification of this Treaty, the United States

Payment to said nation.

agree to pay to the Chiefs of the said Nation the sum of two hundred and seventeen thousand six hundred dollars to be divided among the Chiefs and Warriors of the said Nation.

ARTICLE 4. The United States agree to pay to the said Nation an additional perpetual

Perpetual annuity.

annuity of twenty thousand dollars.

ARTICLE 5. The difficulties which have arisen in the said nation, in consequence

Difficulties to be adjusted, &c.

of the Treaty of the Indian Springs, shall be amicably adjusted, and that portion of the Creek Nation who signed that treaty shall be admitted to all their privileges, as members of the Creek Nation, it being the earnest wish of the United States, without undertaking to decide upon the complaints of the respective parties, that alt causes of dissatisfaction should be removed.

ARTICLE 6. That portion of the Creek Nation, known as the friends and followers

A deputation to examine the Indian country west of the Mississippi, &c.

of the late General William McIntosh, having intimated to the government of the United States their wish to remove west of the Mississippi, it is hereby agreed, with their assent, that a deputation of five persons shall be sent by them, at the expense of the United States, immediately after the ratification of this treaty, to examine the Indian country west of the Mississippi, not within either of the States or Territories, and not possessed by the Choctaws or Cherokees. And the United States agree to purchase for them, if the same can be conveniently done upon reasonable terms, wherever they may select, a country, whose extent shall, in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the President may think proper, just reference being had to the wishes of the emigrating party.

ARTICLE 7. The emigrating party shall remove within twenty-four months, and

Emigrating party to remove within 24 months, &c.

the expense of their removal shall be defrayed by the United States. And such subsistence shall also be furnished them, for a term not exceeding twelve months after their arrival at their new residence, as, in the opinion of the President, their numbers and circumstances may require.

ARTICLE 8. An agent, or sub-agent and Interpreter, shall be appointed to accompany

An agent, &c. to be appointed to reside with them.

and reside with them. And a blacksmith and wheelwright shall be furnished by the United States. Such assistance shall also be rendered to them in their agricultural operations, as the President may think proper.

288

ARTICLE 9.

Presents to Indians.

In consideration of the exertions used by the friends and followers of General McIntosh to procure a cession at the Indian Springs, and of their past difficulties and contemplated removal, the United States agree to present to the Chiefs of the party, to be divided among the Chiefs and Warriors, the sum of one hundred thousand dollars, if such party shall amount to three thousand persons, and in that proportion for any smaller number. Fifteen thousand dollars of this sum to be paid immediately after the ratification of this treaty, and the residue upon their arrival in the country west of the Mississippi.

ARTICLE 10.

Certain damages to be ascertained, &c.

It is agreed by the Creek Nation, that an agent shall be appointed by the President, to ascertain the damages sustained by the friends and followers of the late General McIntosh, in consequence of the difficulties growing out of the Treaty of the Indian Springs, as set forth in an agreement entered into with General Gaines, at the Broken Arrow, and which have been done contrary to the laws of the Creek Nation; and such damages shall be repaired by the said Nation, or the amount paid out of the annuity due to them.

ARTICLE 11.

Commissioners to value improvements.

All the improvements which add real value to any part of the land herein ceded shall be appraised by Commissioners, to be appointed by the President; and the amount thus ascertained shall be paid to the parties owning such improvements.

ARTICLE 12.

Possession of country ceded.

Possession of the country herein ceded shall be yielded by the Creeks on or before the first day of January next.

ARTICLE 13.

Guarantee by U.S.

The United States agree to guarantee to the Creeks all the country, not herein ceded, to which they have a just claim, and to make good to them any losses they may incur in consequence of the illegal conduct of any citizen of the United States within the Creek country.

ARTICLE 14.

Authority of the President.

The President of the United States shall have authority to select, in some part of the Creek country, a tract of land, not exceeding two sections, where the necessary public buildings may be erected, and the persons attached to the agency may reside.

ARTICLE 15.

Liberty granted the Creeks.

Wherever any stream, over which it may be necessary to establish ferries, forms the boundary of the Creek country, the Creek Indians shall have the right of ferriage from their own land, and the citizens of the United States from the land to which the Indian title is extinguished.

ARTICLE 16.

Commissioners to attend the running of the lines.

The Creek Chiefs may appoint three Commissioners from their own people, who shall be allowed to attend the running of the lines west of the Chatahoochy river, and whose expenses, while engaged in this duty, shall be defrayed by the United States.

289

ARTICLE 17. This treaty, after the same has been ratified by the President and

Treaty binding when ratified.

Senate, shall be obligatory on the United States and on the Creek Nation.

In testimony whereof, the said James Barbour, Secretary of War, authorised as aforesaid, and the Chiefs of the said Creek Nation of Indians, have hereunto set their hands, at the City of Washing ton, the day and year aforesaid.

JAMES BARBOUR.

O-poth-le-yoholo,

John Stidham,

Mad Wolf,

Menawee,

Tuskeekee Tustunnuggee,

Charles Cornells,

Timpoochy Barnard,

Apauly Tustunnaggee,

Coosa Tustunnuggee,

Nahetluc Hopie,

Selocta,

Legadi,

Yoholo Micco.

In presence of Thomas L. McKenney. Lewis Casa. John Crowell, Agent for I. A. Hezekiah Miller. John Ridge, Secretary Creek Delegation. David Vann.

To the Indian names are subjoined marks.

March 31, 1826 Supplementary 7 Stat. 289 SUPPLEMENTARY ARTICLE

March 31, 1826.

To the Creek Treaty of the twenty-fourth January, 1826.

Whereas a stipulation in the second article of the Treaty of the twenty-fourth day of January, 1826, between the undersigned, parties to said

Ante, p. 286.

Treaty, provides for the running of a line “beginning at a point on the western bank of the Chatahoochee river, forty-seven miles below the point where the boundary line between the Creeks and Cherokees strikes the said river, near the Buzzard’s Roost, measuring the said distance in a direct line, and not following the meanders of the said river, and from the point of beginning, running in a direct line to a point in the boundary line between the said Creeks and the Cherokees, thirty miles west of the said Buzzard’s Roost, thence to the Buzzard’s Roost, and thence with the middle of said river to the place of beginning.” And whereas it having been represented to the party to the said Treaty in behalf of the Creek Nation, that a certain extension of said lines might embrace in the cession all the lands which will be found to lie within the chartered limits of Georgia, and which are owned by the Creeks, the undersigned do hereby agree to the following extension of said lines, viz: In the place of “forty-seven miles,” as stipulated in the second article of the Treaty

Further cession.

aforesaid, as the point of beginning, the undersigned agree that it shall be fifty miles, in a direct line below the point designated in the second article of said Treaty; thence running in a direct line to a point in the boundary line between the Creeks and Cherokees, forty-five miles west of said Buzzard’s Roost, in the place of “thirty miles,” as stipulated in said Treaty; thence to the Buzzard’s Roost, and thence to the place of beginning—it being understood that these lines are to stop at their intersection with the boundary line between Georgia and Alabama, wherever that may be, if that line shall cross them in the direction of the Buzzard’s Roost, at a shorter distance than it is provided they shall run; and provided, also, that if the said dividing line between Georgia 290 TREATY WITH THE CHIPPEWAS. 1826.and Alabama shall not be reached by the extension of the two lines aforesaid, the one three, and the other fifteen miles, they are to run and terminate as defined in this supplemental article to the Treaty aforesaid.

Payment to Creeks.

It is hereby agreed, in consideration of the extension of said lines, on the part of the other party to the Treaty aforesaid, in behalf of the United States, to pay to the Creek Nation, immediately upon the ratification of said Treaty, the sum of thirty thousand dollars.

In witness whereof, the parties aforesaid have hereunto set their hands and seals, this thirty-first day of March, in the year of our Lord one thousand eight hundred and twenty-six.

JAMES BARBOUR.

Opothle Yoholo,

John Stidham,

Mad Wolf,

Tuskeekce Tustennuggeo,

Yoholo Micco,

Menawee,

Charles Cornnels,

Apauli Tustennuggee,

Coosa Tustennuggee,

Mahetluc Hopie,

Selocta,

Timpoochy Barnett,

Ledagee.

In presence of Thomas L. McKenney. John Crowell, Agent for I. A. John Ridge, Secretary. David Vann. Wm. Hambly.

To the Indian names are subjoined marks.

Aug. 5, 1826 Treaty 7 Stat. 290 ARTICLES OF A TREATY

Aug. 5, 1826.

Proclamation, Feb. 7, 1827.

Made and concluded at the Font du Lac of Lake Superior, this fifth day of August, in the year of our Lord one thousand eight hundred and twenty-six, between Lewis Cass and Thomas L. McKenney, Commissioners on the part of the United States, and the Chippewa Tribe of Indians.

Preamble.

Whereas a Treaty was concluded at Prairie du Chien in August last, by which the war, which has been so long carried on, to their mutual distress, between the Chippewas and Sioux, was happily terminated by the intervention of the United States; and whereas, owing to the remote and dispersed situation of the Chippewas, full deputations of their different bands did not attend at Prairie du Chien, which circumstance, from the loose nature of the Indian government, would render the Treaty of doubtful obligation, with respect to the bands not represented; and whereas, at the request of the Chippewa Chiefs, a stipulation was inserted in the Treaty of Prairie du Chien, by which the United States agreed to assemble the Chippewa Tribe upon Lake Superior during the present year, in order to give full effect to the said Treaty, to explain its stipulations and to call upon the whole Chippewa tribe, assembled at their general council fire, to give their formal assent thereto, that the peace which has been concluded may be rendered permanent, therefore—

ARTICLE 1.

Indians agree to the treaty of Prairie du Chien.

The Chiefs and Warriors of the Chippewa Tribe of Indians hereby fully assent to the Treaty concluded in August last at Prairie du Chien, and engage to observe and fulfil the stipulations thereof.

291

ARTICLE 2. A deputation shall be sent by the Chippewas to the Treaty to be held

A deputation to be sent to Green Bay.

in 1827, at Green Bay, with full power to arrange and fix the boundary line between the Chippewas and the Winnebagoes and Menomonees, which was left incomplete by the treaty of Prairie du Chien, in consequence of the non-attendance of some of the principal Menomonee Chiefs.

ARTICLE 3. The Chippewa tribe grant to the government of the United States the

Metals or minerals.

right to search for, and carry away, any metals or minerals from any part of their country. But this grant is not to affect the title of the land, nor the existing jurisdiction over it.

ARTICLE 4. It being deemed important that the half-breeds, scattered through this

Location for the use of the half-breeds.

extensive country, should be stimulated to exertion and improvement by the possession of permanent property and fixed residences, the Chippewa tribe, in consideration of the affection they bear to these persons, and of the interest which they feel in their welfare, grant to each of the persons described in the schedule hereunto annexed, being half-breeds and Chippewas by descent, and it being understood that the schedule includes all of this description who are attached to the Government of the United States, six hundred and forty acres of land, to be located, under the direction of the President of the United States, upon the islands and shore of the St. Mary’s river, wherever good land enough for this purpose can be found; and as soon as such locations are made, the jurisdiction and soil thereof are hereby ceded. It is the intention of the parties, that, where circumstances will permit, the grants be surveyed in the ancient French manner, bounding not less than six arpens, nor more than ten, upon the river, and running back for quantity; and that where this cannot be done, such grants be surveyed in any manner the President may direct. The locations for Oshauguscodaywayqua and her descendents shall be adjoining the lower part of the military reservation, and upon the head of Sugar Island. The persons to whom grants are made shall not have the privilege of conveying the same, without the permission of the President.

ARTICLE 5. In consideration of the poverty of the Chippewas, and of the sterile

Annuity of $2000 in money or goods to be paid them.

nature of the country they inhabit, unfit for cultivation, and almost destitute of game, and as a proof of regard on the part of the United States, it is agreed that an annuity of two thousand dollars, in money or goods, as the President may direct, shall be paid to the tribe, at the Sault St. Marie. But this annuity shall continue only during the pleasure of the Congress of the United States.

ARTICLE 6. With a view to the improvement of the Indian youths, it is also agreed,

Annual payment for the improvement of their children.

that an annual sum of one thousand dollars shall be appropriated to the support of an establishment for their education, to be located upon some part of the St. Mary’s river, and the money to be expended under the direction of the President; and for the accommodation of such school, a section of land is hereby granted. But the payment of the one thousand dollars stipulated for in this article, is subject to the same limitation described in the preceding article.

292

ARTICLE 7.

Rejection of certain articles not to affect the validity of the others.

The necessity for the stipulations in the fourth, fifth and sixth articles of this treaty could be fully apparent, only from personal observation of the condition, prospects, and wishes of the Chippewas, and the Commissioners were therefore not specifically instructed upon the subjects therein referred to; but seeing the extreme poverty of these wretched people, finding them almost naked and starving, and ascertaining that many perished during the last winter, from hunger and cold, they were induced to insert these articles. But it is expressly understood and agreed, that the fourth, fifth and sixth articles, or either of them, may be rejected by the President and Senate, without affecting the validity of the other articles of the treaty.

ARTICLE 8.

Authority of U. S. acknowledged.

The Chippewa tribe of Indians fully acknowledge the authority and jurisdiction of the United States, and disclaim all connection with any foreign power, solemnly promising to reject any messages, speeches, or councils, incompatible with the interest of the United States, and to communicate information thereof to the proper agent, should any such be delivered or sent to them.

ARTICLE 9.

Ratification.

This treaty, after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties.

Done at the Fond du Lac of Lake Superior, in the Territory of Michigan, the day and year above written, and of the Independence of the United States the fifty-first.

LEWIS CASS, THOS. L. M’KENNEY.

St. Mary’s.

Shingauba Wossin,

Shewaubeketoan,

Wayishkee,

Sbeegud.

River St. Croix.

Peezhickee,

Noden,

Nagwunabee,

Kauberuappa,

Chaucopee,

Jaubeance,

Ultauwau,

Myeerigunsheens,

Mcasomonee,

Muckuday peenaas,

Sheeweetaugun.

La Pointé.

Peezhickee,

Keemeewun,

Kaubuzoway

Wyauweenind,

Peekwaukwotoansekay.

Ottoway L.

Paybaumikoway,

Lac de Flambeau.

Gitshee Waubeeshaans,

Moazonee,

Gitshee Migeezee,

Mizhauquot

Ontonagon.

Keeshkeetowug,

Peenaysee,

Mautaugumee,

Kweeweezaisisb.

Vermillion Lake.

Attickoans,

Gyutsheeininee,

Jaukway,

Madwagkunageezhigwaab,

Jaukogeezhigwaishkun,

Neezhoday,

Nundocheeais,

Ogeemaugeegid,

Anneemeekees.

Ontonagon.

Kauwaishkung,

Mautaugumee.

Snake River.

Waymittegoash,

293

Iskquagwunaabee,

Meegwunaus.

Lac du Flambeau.

Pamoossay,

Maytaukooseegay.

Rainy Lake.

Aanubkumigishkunk.

Sandy Lake.

Osaumcmikee,

Gitshee Waymitteegooast,

Paashuninleel,

Wauzhuskokok,

Nitumogaubuwee,

Wattap.

Fond du Lac.

Shingoop,

Monetogeezisoans,

Mongazid,

Manetogeezhig,

Ojauneemauson,

Miskwautais,

Naubunay geezhig,

Unnauwaubundaun,

Pautaubay,

Migeesee.

Ontonagon.

Waubishkeepcenaas,

Tweeshtweeshkeeway,

Kundekund,

Oguhbayaunuhquotwaybee,

Paybaumausing,

Keeshkeemun.

River de Corbeau.

Maugugaubowie,

Pudud,

Naugdunosh,

Ozhuskuckoen,

Waubogee,

Sawbanosh,

Keewayden,

Wynunee,

Obumaugeezhig,

Payboumidgeewung,

Maugeegaubou,

Paybaumogeezhig,

Kanbemappa,

Waymittegoazbu,

Oujupenaas,

Madwayossin,

In presence of A. Edwards, Secretary to the Commission. E. Boardman, Captain commanding detachment. Henry R. Schoolcraft, U. S. Indian Agent. T. Pitcher, Assistant Surgeon. J. B. Kingsbury, Lieut. 3d Infantry. E. A. Brush, Daniel Dingley. A. Morrison. B. Champman. Henry Connor. W. A. Levake. J. O. Lewis.

SUPPLEMENTARY ARTICLE.

As the Chippewas who committed the murder upon four American citizens, in June, 1824, upon the shores of Lake Pepin, are not present at this council, but are far in the interior of the country, so that they cannot be apprehended and delivered to the proper authority before the commencement of the next Summer; and, as the Commissioners have been specially instr.ucted to demand the surrender of these persons, and to state to the Chippewa tribe the consequence of suffering such a flagitious outrage to go unpunished, it is agreed, that the persons guilty of the beforementioned murder shall be brought in, either to the Sault St. Marie, or Green Bay, as early next summer as practicable, and surrendered to the proper authority; and that, in the mean time, all further measures on the part of the United States, in relation to this subject, shall be suspended.

LEWIS CASS, THOS. L. McKENNEY.

$\begin{matrix} Representing the Bands to whom the persons guilty of the murder belong, for themselves and the Chippewa tribe. \end{matrix}$

$\begin{matrix} Gitshee Meegeesee, \\ Metaukoosegay, \\ Ouskunxheema, \\ Keenisteno. \end{matrix} {$

Witnesses—A. Edwards, Secretary to the Commission, E. Boardman, Capt. commanding detachment. Henry R. Schoolcraft, U. S. Indian Agent. Henry Connor, Interpreter.

To the Indian names are subjoined marks.

294

Schedule referred to in the preceding Treaty.

To Oshauguscodaywagqua, wife of John Johnston, Esq. to each of her children, and to each of her grand children, one section.

To Saugemauqua, widow of the late John Baptiste Cadotte, and to her children, Louison, Sophia, Archangel, Edward, and Polly, one section each.

To Keneesequa, wife of Samuel Ashman, and to each of her children, one section.

To Teegaushau, wife of Charles H. Oakes, and to each of her children, one section.

To Thomas Shaw, son of Obimetunoqua, and to his wife Mary, being also of Indian descent, each one section.

To Fanny Levake, daughter of Meeshwauqua, and to each of her children, one section.

To Obayshaunoquotoqua, wife of Francis Goolay, Jr. one section.

To Omuckackeence, wife of John Holiday, and to each of her children, one section.

To Obimegeezhigoqua, wife of Joseph Due Cheite, Jr. and to each of her children, one section.

To Monedoqua, wife of Charles Cloutier, one section.

To Susan Yarns, daughter of Odanbitogeezhigoqua, one section.

To Henry Sayer and John Sayer, sons of Obernau unoqua, each one section.

To each of the children of John Tanner, being of Chippewa descent, one section.

To Wassidjeewunoqua, and to each of her children, by George Johnston, one section.

To Michael Cadotte, senior, son of Equawaice, one section.

To Equaysayway, wife of Michael Cadotte, senior, and to each of her children living within the United States, one section.

To each of the children of Charlotte Warren, widow of the late Truman A. Warren, one section.

To Mary Chapman, daughter of Equameeg, and wife of Bela Chapman, and to each of her children, one section.

To Saganoshequa, wife of John H. Fairbanks, and to each of her children, one section.

To Shaughunomonee, wife of William Morrison, and to each of her children, one section.

To each of the children of the late Ingwaysuh, wife of Joseph Coté, one section.

To each of the children of Angelique Coté, late wife of Pierre Coté, one section.

To Pazhikwutoqua, wife of William Aitken, and to each of her children, one section.

To Susan Davenport, grand daughter of Misquabunoqua, and wife of Ambrose Davenport, and to each of her children, one section.

To Waubunequa, wife of Augustin Belanger, and to each of her children, one section.

To Charlotte Louisa Morrison, wife of Allan Morrison, and daughter of Manitowidjewung, and to each of her children, one section.

To each of the children of Eustace Roussain, by Shauwunaubunoqua, Wauwaussumoqua, and Payshaubunoqua, one section.

To Isabella Dingley, wife of Daniel Dingley and daughter of Pimegeezhigoqua, and to each of her children, one section.

To George Birkhead, being a Chippewa by descent, one section.

To Susan Conner, wife of Thomas Conner, and daughter of Pimegeezhigoqua, and to each of her children, one section.

TREATY WITH THE POTTAWATIMIES. 1826. 295

To the children of George Ermatïnger, being of Shawnee extraction, we sections collectively.

To Ossinahjeeunoqua, wife of Michael Cadotte, Jr. and to each of her children, one section.

To Minedemoeyah, wife of Pierre Dnvernay, one section.

To Ogeemaugeezhigoqua, wife of Basil Boileau, one section.

To Wauneaussequa, wife of Paul Boileau, one section.

To Kaukaubesheequa, wife of John Baptiste Corbeau, one section.

To John Baptiste Du Chenepson of Pimegeizhigoqua, one section.

To each of the children of Ugwudaushee, by the late Truman A.

Warren, one section.

To William Warren, son of Lyman M. Warren, and Mary Cadotte, one section.

To Antoine, Joseph, Louis, Chalot, and Margaret Charette, children of Equameeg, one section.

To the children of Francois Boutcher, by Waussequa, each one section.

To Angelique Brabent, daughter of Waussegundum, and wife of Alexis Brabent, one section.

To Odishqua, of Sault St. Marie, a Chippewa, of unmixed blood, one section.

To Pamidjeewung, of Sault St. Marie, a Chippewa, of unmixed blood, one section.

To Waybossinoqua, and John J. Wayishkee, children of Wayishkee, each one section.

LEWIS CASS, THOS. L. McKENNEY.

Oct. 16, 1826 Treaty 7 Stat. 295 ARTICLES OF A TREATY

Oct. 16, 1826.

Proclamation, Feb. 7, 1827.

Made and concluded near the mouth of the Mississincwa, upon the Wabash, in the State of Indiana, this sixteenth day of October, in the year of our Lord one thousand eight hundred, and twenty-six, between Lewis Cass, James B. Ray, and John Tipton, Commissioners on the part of the United States, and the Chiefs and Warriors of the Potawatamie Tribe of Indians.

ARTICLE 1. The Potawatamie tribe of Indians cede to the United States their

Land ceded to United States.

right to all the land within the following limits: Beginning on the Tippecanoe river, where the Northern boundary of the tract ceded by the Potawatamies to the United States by the treaty of St. Mary’s, in the year of our Lord one thousand eight hundred and eighteen intersects the same; thence, in a direct line, to a point on Eel river, half way between the mouth of the said river and Pierish’s village; thence up Eel River, to Seek’s village, near the head thereof; thence, in a direct line, to the mouth of a creek emptying into the St. Joseph’s of the Miami, near Metea’s village; thence, up the St. Joseph’s, to the boundary line between the States of Indiana and Ohio; thence, South to the Miami; thence, up the same, to the reservation at Fort Wayne; thence, with the lines of the said reservation, to the boundary established by the treaty with the Miamies in one thousand eight hundred and eighteen; thence, with the said line, to the Wabash river; thence, with the same river, to the mouth of the Tippecanoe river; and thence, 296with the said Tippecanoe river, to the place of beginning. And the said tribe also cede to the United States, all their right to land within the following limits; Beginning at a point upon Lake Michigan, ten miles due north of the southern extreme thereof: running thence, due east, to the land ceded by the Indians to the United States by the treaty of Chicago; thence, south, with the boundary thereof, ten miles; thence, west, to the southern extreme of Lake Michigan; thence, with the shore thereof, to the place of beginning.

ARTICLE 2.

Further cession.

As an evidence of the attachment which the Potawatamie tribe feel towards the American people, and particularly to the soil of Indiana, and with a view to demonstrate their liberality, and benefit themselves by creating facilities for travelling and increasing the value of their remaining country, the said tribe do hereby cede to the United States, a strip of land, commencing at Lake Michigan, and running thence to the Wabash river, one hundred feet wide, for a road, and also, one section of good land contiguous to the said road, for each mile of the same, and also for each mile of a road from the termination thereof, through Indianapolis to the Ohio river, for the purpose of making a road aforesaid from Lake Michigan, by the way of Indianapolis, to some convenient point on the Ohio river. And the General Assembly of the State of Indiana shall have a right to locate the said road, and to apply the said sections, or the proceeds thereof, to the making of the same, or any part thereof; and the said grant shall be at their sole disposal.(a) (a) These words in Italics were struck out by the Senate.

ARTICLE 3.

Annuity for 22 years.

In consideration of the cessions in the first article, the United States agree to pay to the Potawattamie tribe, an annuity of two thousand dollars in silver, for the term of twenty-two years, and also to provide and support a black-smith for them at some convenient point; to appropriate, for the purposes of education, the annual sum of two thousand dollars, as long as the Congress of the United States may think proper, to be expended as the President may direct; and also, to build for them a mill, sufficient to grind corn, on the Tippecanoe river, and to provide and support a miller; and to pay them annually one hundred and sixty bushels of salt; all of which annuities, herein specified, shall be paid by the Indian Agent at Fort Wayne.

ARTICLE 4.

Payment in goods.

The Commissioners of the United States have caused to be delivered to the Potawatamie tribe, goods to the value of thirty thousand five hundred and forty-seven dollars and seventy-one cents in goods, in consideration of the cessions in the first article of this treaty. Now, there fore, it is agreed, that, if this treaty should be ratified by the President and Senate of the United States, the United States shall pay to the persons named in the schedule this day transmitted to the War Department, and signed by the Commissioners, the sums affixed to their names respectively, for goods furnished by them, and amounting to the said sum of thirty thousand five hundred and forty-seven dollars and seventy-one cents, and also, to the persons who may furnish the said further sum, the amount of nine hundred dollars thus furnished. And it is also agreed, that payment for all these goods shall be made by the Potawatamie tribe out of their annuity, if this treaty should not be ratified by the United States.

ARTICLE 5.

U. S. agree to pay certain claims against Pottawatimies.

The Potawatamie tribe being anxious to pay certain claims existing against them, it is agreed, as a part of the consideration for the cessions 297in the first article, that these claims, which are stated in a schedule this day signed by the Commissioners, and transmitted to the War Department, and amounting to the sum of nine thousand five hundred and seventy-three dollars. (a) (a) See note to page 299.

ARTICLE 6. The United States agree to grant to each of the persons named in the

Grants to persons named in the schedule annexed.

schedule hereunto annexed, the quantity of land therein stipulated to be granted; but the land, so granted, shall never be conveyed by either of the said persons, or their heirs, without the consent of the President of the United States; and it is also understood, that any of these grants may be expunged from the schedule, by the President or Senate of the United States, without affecting any other part of the treaty.

ARTICLE 7. The Potawatamie Indians shall enjoy the right of hunting upon any

Hunting.

part of the land hereby ceded, as long as the same shall remain the property of the United States.

ARTICLE 8. The President and Senate of the United States may reject any article

Certain articles only, may be rejected.

of this treaty, except those which relate to the consideration to be paid for the cessions of the land; and such rejection shall not affect any other part of the treaty.

ARTICLE 9. This treaty, after the same shall be ratified by the President and

Treaty binding when ratified.

Senate, shall be binding upon the United States.

In testimony whereof, the said Lewis Cass, James B. Ray, and John Tipton, Commissioners, as aforesaid, and the Chiefs and Warriors of the said Potawatamie tribe, have hereunto set their hands, at the Wabash, on the sixteenth day of October, in the year of our Lord, one thousand eight hundred and twenty-six, and of the Independence of the United States the fifty first.

LEWIS CASS, J. BROWN RAY, JOHN TIPTON.

Topenibe,

Gebaus,

Toisoe,

Metes,

Aubenaube,

Ashkom,

Penashsbees,

Pecbeco,

Waupaukeeno,

Pashpo,

Kasha,

Pierish,

Penamo,

Nasawauka,

Mauxa,

Makose,

Shaupatee,

Noshaweka,

Menauquet,

Wimeko,

Saukena,

Kepeaugun,

Menomonie,

Shoklo,

Shapeness,

Motiel,

Jekose,

Naquoquet,

Waubonsa,

Wasaushuck,

Shaauquebe,

Psakauwa,

Kaukaamake,

Shekomuk,

Makasess,

No-ne,

Shepshauwano,

Mesheketono,

Sqnawbuk,

Maunis,

Jequaumkogo,

Kewaunc,

Ahnowawousa,

Louisou,

Washeone,

Shakauwasce,

Paskauwesa,

Nauksee,

Mukkose,

Chechaukkose,

298

Louison,

Meshekaunau,

Kauk,

Ackkushewa,

Mukkose,

Shaquinon,

Waupsee,

Menno,

Showaukau,

Kaukaukshee,

Pashshepowo,

Nowikasto.

Done in presence of William Marshall, Secretary to the Commission. J. M. Ray, Assistant Secretary to the Commission. Jno. Ewing, Senator, State of Indiana. Benj. B. Kercheval, Sub Agent. William Conner, Interpreter. Joseph Barron, Interpreter. Henry Conner, Interpreter. Josiah F. Polk. Felix Hinchman. Isaac McCoy. D. G. Jones. Samuel Hanna, Member of the Legislature. Martin M. Ray, Member of the Legislature. James Conner, Interpreter. James Foster. James Gregory, Senator, of Indiana. O. L. Glark. C. W. Ewing. J. D. Dorsey. Lewis G. Thompson.

To the Indian names are subjoined marks.

Schedule of grants referred to in the foregoing Treaty.

Land granted to each of the following persona by the sixth article.

To Abraham Burnett, three sections of land; one to be located at and to include Wynetnac’s village, the centre of the line on the Wabash to be opposite that village, and running up and down the river one mile in a direct line, and back for quantity; the two other sections, commencing at the upper end of the Prairie, opposite the mouth of the Passeanong creek, and running down two miles in a direct line, and back, for quantity.

To Nancy Burnett, Rebecca Burnett, James Burnett, and William Burnett, each one section of land, to be located under the direction of the President of the United States; which said Abraham, Nancy, Rebecca and James, are the children, and the said William is the grand-child of Kaukeama, the sister of Topenibe, the principal Chief of the Potawatamie tribe of Indians.

To Eliza C. Kercheval, one section on the Miami river, commencing at the first place where the road from Fort Wayne to Defiance strikes the Miami on the north side thereof, about five miles below Fort Wayne, and from that point running half a mile down the river, and half a mile up the river, and back for quantity.

To James Knaggs, son of the sister of Okeos, Chief of the river Huron Potawatamies, one half section of land upon the Miami, where the boundary line between Indiana and Ohio crosses the same.

To the children of Joseph Barron, a relation of Richardville, principal Chief of the Miamies, three sections of land, beginning at the mouth of Eel River, running three miles down the Wabash in a direct line, thence back for quantity.

To Zachariah Cicott, who is married to an Indian woman, one section of land, below and adjoining Abraham Burnett’s land, and to be located in the same way.

To Baptiste Cicott, Sophi Cicott, and Emelia Cicott, children of Zachariah Cicott, and an Indian woman, one half section each, adjoining and below the section granted to Zachariah Cicott.

To St. Luke Bertrand and Julia Ann Bertrand, children of Madeline Bertrand, a Potawatamie woman, one section of land, to be located under the direction of the President of the United States.

To the children of Stephen Johnson, killed by the Potawatamie Indians, one half section of land, to be located under the direction of the President of the United States.

To each of the following persons, Indians by birth, and who are now, or have been, scholars in the Carey Mission School, on the St. Joseph’s, under the direction of the Rev. Isaac M‘Coy, one quarter section of land, to be located under the direction of the President of the United 299States; that is to say: Joseph Bourissa, Noaquett, John Jones, Nuko, Soswa, Manotuk, Betsey Ash, Charles Dick, Susanna Isaacs, Harriet Isaacs, Betsey Plummer, Angelina Isaacs, Jemima Isaacs, Jacob Corbly, Konkapot, Celicia Nimham, Mark Bourissa, Jude Bourissa, Annowussau, Topenibe, Terrez, Sheshko, Louis Wilmett, Mitchel Wilmett, Lezett Wilmett, Esther Baily, Roseann Baily, Eleanor Baily, Quehkna, William Turner, Chaukenozwoh, Lazarus Bourissa, Achan Bourissa, Achemukquee, Wesauwau, Peter Moose, Ann Sharp, Joseph Wolf, Misnoqua, Pomoqua, Wymego, Cheekeh, Wauwossemoqua, Meeksumau, Kakautmo, Richard Clements, Louis McNelf, Shoshqua, Nscotenama, Chikawketeh, Mnsheewoh, Saugana, Msonkqua, Mnitoqua, Okutcheek, Naomi G. Browning, Antoine, St, Antoine, Mary; being in all fifty-eight.

To Jane Martin and Betsey Martin, of Indian descent, each one section of land, to be located under the direction of the President of the United States.

To Mary St. Combe, of Indian descent, one quarter section of land, to be located under the direction of the President of the United States.

To Francois Dequindre, of Indian descent, one section of land, to be located under the direction of the President of the United States.

To Baptiste Jutreace, of Indian descent, one half section of land, to be located under the direction of the President of the United States.

To John B. Bourie, of Indian descent, one section of land, to be located on the Miami river, adjoining the old boundary line below Fort Wayne.

To Joseph Parks, an Indian, one section of land, to be located at the point where the boundary line strikes the St. Joseph’s, near Metea’s village.

To George Cicott, a Chief of the Potawatamies, three sections and a half of land; two sections and a half of which to be located on the Wabash, above the mouth of Crooked creek, running two miles and a half up the river, and back for quantity, and the remaining section at the Falls of Eel river, on both sides thereof.

To James Conner, one section of land; to Henry Conner, one section; and to William Conner, one section; beginning opposite the upper end of the Big Island, and running three miles in a direct line down the Wabash, and back for quantity.

To Hyacinth Lassel, two sections of land, to be located under the direction of the President of the United States.

To Louison, a half Potawatamie, two sections of land, to be located under the direction of the President of the United States.

LEWIS CASS, J. BROWN RAY, JOHN TIPTON.

Note.—The Senate, in ratifying the foregoing treaty, excepted the words in Art. 2 which are printed in Italics, and expressed their understanding that the meaning of Art. 5 is, that the money therein mentioned shall be paid by the United States to the individuals named in the schedule referred to therein.

Oct. 23, 1826 Treaty 7 Stat. 300 ARTICLES OF A TREATY

Oct. 23, 1826.

Proclamation, Jan. 24, 1827

Made and concluded, near the mouth of the Mississinewa, upon the Wabash, in the State of Indiana, this twenty-third day of October, in the year of our Lord one thousand eight hundred and twenty-six, between Lewis Cass, James B. Ray, and John Tipton, Commissioners on the part of the United States, and the Chiefs and Warriors of the Miami Tribe of Indians.

ARTICLE 1.

Lands ceded to the U. S.

The Miami Tribe of Indians cede to the United States all their claim to land in the State of Indiana, north and west of the Wabash and Miami rivers, and of the cession made by the said tribe to the United States, by the treaty concluded at St. Mary’s October 6, 1818.

ARTICLE 2.

Reservations for the use of said tribe.

Post. p. 509.

From the cession aforesaid, the following reservations, for the use of the said tribe, shall be made:

Fourteen sections of Land at Seek’s village;

Five sections for the Beaver, below and adjoining the preceding reservation;

Thirty-six sections at Flat Belly’s Village;

Five sections for Little Charley, above the old village, on the North side of Eel river;

One section for Laventure’s daughter, opposite the Islands, about fifteen miles below Fort Wayne;

One section for Chapine, above, and adjoining Seek’s village;

Tett sections at the White Raccoon’s village;

Ten sections at the mouth of Mud Creek, on Eel river, at the old village;

Ten sections at the forks of the Wabash;

One reservation commencing two miles and a half below the mouth of the Mississinewa, and running up the Wabash five miles, with the bank thereof, and from these points running due north to Eel river.

Canal or road through the reservations.

And it is agreed, that the State of Indiana may lay out a canal or a road through any of these reservations, and for the use of a canal, six chains along the same are hereby appropriated.

ARTICLE 3.

Land granted, net to be conveyed without the consent of the President.

There shall be granted to each of the persons named in the schedule hereunto annexed, and to their heirs, the tracts of land therein designated; but the land so granted shall never be conveyed without the consent of the President of the United States.

ARTICLE 4.

Payment in goods.

The Commissioners of the United States have caused to be delivered to the Miami tribe goods to the value of $31,040 53, in part consideration for the cession herein made; and it is agreed, that if this treaty shall be ratified by the President and Senate of the United States, the United States shall pay to the persons, named in the schedule this day signed by the Commissioners, and transmitted to the War Department, the sums affixed to their names respectively, for goods furnished by them, and amounting to the sum of $31,040 53. And it is further 300 TREATY WITH THE MIAMIES. 1826.301 agreed, that payment for these goods shall be made by the Miami tribe

Further agreement.

out of their annuity, if this treaty be not ratified by the United States.

And the United States further engage to deliver to the said tribe, in

Additional payment in goods.

the course of the next summer, the additional sum of $26,259 47 in goods.

And it is also agreed, that an annuity of thirty-five thousand dollars,

Annuity.

ten thousand of which shall be in goods, shall be paid to the said tribe in the year one thousand eight hundred and twenty-seven, and thirty thousand dollars, five thousand of which shall be in goods, in the year one thousand eight hundred and twenty-eight; after which time, a permanent annuity of twenty-five thousand dollars shall be paid to them, as long as they exist together as a tribe; which several sums are to include the annuities due by preceding treaties to the said tribe.

And the United States further engage to furnish a wagon and one

A wagon, &c. to be furnished certain persons.

yoke of oxen for each of the following persons: namely, Joseph Richardville, Black Raccoon, Flat Belly, White Raccoon, Francois Godfroy, Little Beaver, Mettosanea, Seek, and Little Huron; and one wagon and a yoke of oxen for the band living at the forks of the W’abash.

And also to cause to be built a house, not exceeding the value of six

A house for certain persons.

hundred dollars for each of the following persons: namely, Joseph Richardville, Francois Godfroy, Louison Godfroy, Francis Lafontaine, White Raccoon, La Gros, Jean B. Richardville, Flat Belly, and Wau-we-as-see.

And also to furnish the said tribe with two hundred head of cattle,

Cattle, &c. for said tribe.

from four to six years old, and two hundred head of hogs; and to cause to be annually delivered to them, two thousand pounds of iron, one thousand pounds of steel, and one thousand pounds of tobacco.

And to provide five labourers to work three months in the year, for

Further provision.

the small villages, and three labourers to work three months in the year, for the Mississinewa band.

ARTICLE 5. The Miami tribe being anxious to pay certain claims existing against

Claims against said tribe to be paid by U. S.

them, it is agreed, as a part of the consideration for the cession in the first article, that these claims amounting to $7,727 47, and which are stated in a schedule this day signed by the Commissioners, and transmitted to the War Department, shall be paid by the United States.

ARTICLE 6. The United States agree to appropriate the sum of two thousand dollars

Appropriation for the support of the poor and infirm.

annually, as long as Congress may think proper, for the support of poor infirm persons of the Miami tribe, and for the education of the youth of the said tribe; which sum shall be expended under the direction of the President of the United States.

ARTICLE 7. It is agreed, that the United States shall purchase of the persons,

Further agreement.

Ante, p. 189.

named in the schedule hereunto annexed, the land therein mentioned, which was granted to them by the Treaty of St. Mary’s, and shall pay the price affixed to their names respectively; the payments to be made when the title to the lands is conveyed to the United States.

ARTICLE 8. The Miami tribe shall enjoy the right of hunting upon the land

Indians to enjoy the right of hunting, &c.

herein conveyed, so long as the same shall be the property of the United States.

ARTICLE 9. This treaty, after the same shall be ratified by the President and Senate,

Treaty binding when ratified.

shall be binding upon the United States.

302

In testimony whereof, the said Lewis Cass, James B. Ray, and John Tipton, Commissioners as aforesaid, and the Chiefs and Warriors of the said Miami tribe, have hereunto set their hands, at the Wabash, on the twenty-third day of October, in the year of our Lord one thousand eight hundred and twenty-six, and of the Independence of the United States the fifty-first.

LEWIS CASS, J. BROWN RAY, JOHN TIPTON.

Chiefs.

Wau-wa-aus-see,

Flat Belly,

La Gros,

White Raccoon,

Black Loon,

Seek,

Mee-se-qua,

Nota-wen-sa’a Son,

La-from-hroise,

Nego-ta-kaup-wa,

Osage,

Metto-sa-nea,

Little Beaver,

Black Raccoon,

Chin-quin-sa,

James Abbot,

Lon-gwa,

Little Wolf,

Pun-ge-she-nau,

Wonse-pe-au,

Francois Godfroy,

Joseph Richardville,

Francis Lafontaine,

Wau-no-sa,

White Skin’s Son, or the Poplar,

Cha-pi-ne,

Pe-che-wau, or Jean B. Richardville,

Chin-go-me-shau,

Little Sun,

W. Shin-gan-lean,

Louis Godfroy,

Ou-sane-de-au,

Me-chane-qua,

Un-e-cea-sa,

She-qua-hau,

Chin-qua-keau,

Charley’s Son.

Done in presence of William Marshall, Sec’y to the Commission. J. M. Ray, Assist. Sec’y to Commission. Ben. V. Kercheval, Sub Agent. Wm. Conner, Interpreter. Joseph Barron. C. W. Ewing. J. B. Boure, Interpreter. James Foster. John Ewing, Senator, State of Indiana. James Gregory, Senator, State of Ind. Martin M. Ray, Representative, Ind. Sam. Hanna, Representative, Ind. George Hunt O. L. Clark.

To the Indian names are subjoined marks.

Schedule of grants referred to in the foregoing Treaty, Article 3d.

To John B. Richardville, one section of land, between the mouth of Pipe Creek and the mouth of Eel River, on the north side of the Wabash, and one section on the north-west side of the St. Joseph, adjoining the old boundary line; also, one half section on the east side of the St. Joseph’s, below Cha-po-tee’s village.

To John B. Boure, one section on the north side of the St. Joseph, including Choppatees village.

To the wife and children of Charley, a Miami chief, one section where they live.

To Ann Hackley and Jack Hackley, one section each, between the Maumee and the St. Joseph’s rivers.

To the children of Maria Christiana De Rome, a half blood Miami, one section between the Maumee and the St. Joseph’s,

To Ann Turner, alias Hackley, Rebecca Hackley, and Jane S. Wells, each one half section of land, to be located under the direction of the President of the United States.

To John B. Richardville, one section of land upon the north side of the Wabash, to include a large spring nearly opposite the mouth of Pipe Creek.

TREATY WITH THE CHIPPEWAS, ETC. 1826. 303

To Francois Godfrey, one section above and adjoining said last grant to J. B. Richardville.

To Louison Godfroy, one section above and adjoining the grant to Francois Godfroy.

To Francis Lafontaine, one section above and adjoining the grant to Louison Godfroy.

To John B. Richardville, junior, one section on the Wabash, below and adjoining the reservation running from the Wabash to Eel River.

To Joseph Richardville, one section above and adjoining the reservation running from the Wabash to Eel River.

To La Gros, three sections, where he now lives, and one section ad joining the Cranberry in the Portage Prairie.

A quarter section of land to each of the following persons, namely: Charles Gouin, Purri Gouin, and Therese Gouin, to be located under the direction of the President of the United States.

Two sections of land at the old town on Eel River, to be reserved for the use of the Metchinequea.

LEWIS CASS, J. BROWN RAY, JOHN TIPTON.

Aug. 11, 1827 Treaty 7 Stat. 303 ARTICLES OF A TREATY

Aug. 11, 1827.

Proclamation, Feb. 23, 1829.

Made and concluded at the Butte des Morts, on Fox river, in the Territory of Michigan, between Lewis Cass and Thomas L. McKenney, Commissioners on the part of the United States, and the Chippewa, Menomonie, and Winebago tribes of Indians.

Article 1.

Whereas, the southern boundary of the Chippewa country,

Chippewa southern boundary left undefined by treaty of 1825.

Ante, p. 272.

from the Plover Portage of the Ouisconsin easterly, was left undefined by the treaty concluded at Prairie du Chien, August 19, 1825, in consequence of the non-attendance of some of the principal Menomonie chiefs; and, whereas it was provided by the said treaty, that, whenever the President of the United States might think proper, such of the tribes, parties to the said treaty, as might be interested in any particular line, should be convened, in order to agree upon its establishment;

Therefore, in pursuance of the said provision, it is agreed between

Southern boundary settled.

the Chippewas, Menomonies and Winebagoes, that the southern boundary of the Chippeway country shall run as follows, namely: From the Plover Portage of the Ouisconsin, on a northeasterly course, to a point on Wolf river, equidistant from the Ashawano and Post lakes of said river, thence to the falls of the Pashaytig river of Green Bay; thence to the junction of the Neesau Kootag or Burnt-wood river, with the Menomonie; thence to the big island of the Shoskinaubic or Smooth rock river; thence following the channel of the said river to Green Bay, which it strikes between the little and the great Bay de Noquet.

Art. 2. Much difficulty having arisen from the negociations between

Territorial difficulties between certain tribes referred to the President of the U. S.

the Menomonie and Winebago tribes and the various tribes and portions of tribes of Indians of the State of New York, and the claims of the respective parties being much contested, as well with relation to the tenure and boundaries of the two tracts, claimed by the said New York Indians, west of Lake Michigan, as to the authority of the persons who 304signed the agreement on the part of the Menomonies, and the whole subject having been fully examined at the Council this day concluded, and the allegations, proofs, and statements, of the respective parties having been entered upon the Journal of the Commissioners, so that the same can be decided by the President of the United States; it is agreed by the Menomonies and Winebagoes, that so far as respects their interest in the premises, the whole matter shall be referred to the President of the United States, whose decision shall be final. And the President is authorized, on their parts, to establish such boundaries between them and the New York Indians as he may consider equitable and just.

Indian recognition of U.S. title to a certain tract of land.

Art. 3. It being important to the settlement of Green Bay that definite boundaries should be established between the tract claimed by the former French and British governments, and the lands of the Indians, as well to avoid future disputes as to settle the question of jurisdiction—It is therefore agreed between the Menomonie tribe and the United States, that the boundaries of the said tracts, the jurisdiction and title of which are hereby acknowledged to be in the United States,

Boundaries thereof.

shall be as follows, namely.—Beginning on the shore of Green Bay, six miles due north from the parallel of the mouth of Fox river, and running thence in a straight line, but with the general course of the said river, and six miles therefrom to the intersection of the continuation of the westerly boundary of the tract at the Grand Kaukaulin, claimed by Augustin Grignion; thence on a line with the said boundary to the same; thence with the same to Fox river; thence on the same course, six miles; thence in a direct line to the southwestern boundary of the tract, marked on the plan of the claims at Green Bay, as the settlement at the bottom of the Bay; thence with the southerly boundary of the said tract to the southeasterly corner thereof; and thence with the

Proviso.

easterly boundary of the said tract to Green Bay. Provided, that if the President of the United States should be of opinion that the boundaries thus established interfere with any just claims of the New York Indians, the President may then change the said boundaries in any manner he may think proper, so that the quantity of land contained in the said

Proviso.

tract be not greater than by the boundaries herein defined. And provided also, that nothing herein contained shall be construed to have any effect upon the land claims at Green Bay; but the same shall remain as though this treaty had not been formed.

Distribution of goods among the Indians.

Art. 4. In consideration of the liberal establishment of the boundaries as herein provided for, the Commissioners of the United States have this day caused to be distributed among the Indians, goods to the amount of fifteen thousand six hundred and eighty-two dollars, payment for which shall be made by the United States. Annual appropriation for education of Indians.

Art. 5. The sum of one thousand dollars shall be annually appropriated for the term of three years; and the sum of fifteen hundred dollars shall be annually thereafter appropriated as long as Congress think proper, for the education of the children of the tribes, parties hereto, and of the New York Indians, to be expended under the direction of the President of the United States.

Right of U. S. to punish certain VVinnebagoes.

Art. 6. The United States shall be at liberty, notwithstanding the Winebagoes are parties to this treaty, to pursue such measures as they may think proper for the punishment of the perpetrators of the recent outrages at Prairie du Chien, and upon the Mississippi, and for the prevention of such acts hereafter.

Treaty to be obligatory when ratified.

Art. 7. This treaty shall be obligatory after its ratification by the President and Senate of the United States.

TREATY WITH THE POTTAWATIMIES. 1827. 305

Done at the Butte des Morts, on Fox river, in the Territory of Michigan, this eleventh day of August, 1827.

LEWIS CASS, THOS L. McKENNEY.

Chippeways.

Shiuguaba Wossin,

Wayisbkeo,

Shecwanbcketoan,

Mazobodo,

Gitshee Waubezhaas,

Moazoninee,

Mishaukewett,

Monominee Cashee,

Allikumaag,

Umbwaygeezhig,

Moneeto Penaysee,

Akkeewaysee,

Sheegad,

Wauwaunishkau,

Anamikce Waba,

Ockewazee.

Menomonees.

Oskashe,

Josette Caron,

Kominikey, Jun.

Kimiown,

Kominikey, Sen.

Keshiminey,

Woiniss-atte,

Powoiysnoit,

Manbasseaux,

Myanatchetnabenme,

Pemabeme,

Kegisse,

L’Espagnol,

Kichiaemtort,

Hoo Tshoop, (or four legs)

Tshayro-tshoan Kaw,

Karry-Man-nee, (Walking Turtle)

Sau-say-man-nee,

Maunk-hay-raith, (Tatood breast)

Shoank Skaw, (White dog)

Shoank-tshunkaiap, (Black Wolf)

Kaw-Kaw-say-kaw,

Wheank-Kaw, (Big Duck)

Shoank-ay-paw-kaw, (Dog head)

Sar-ray-num-nce, (Walking Mat)

Waunk-tsbay-hee-sootsh, (Red devil)

Wau-kaun-hoa-noa-nick, (Little Snake)

Kaw-nee-shaw, (White Crow.)

Witnesses:—Philip B. Key, Secretary. E. Boardman, Captain, 2d. U. S. Infantry. Henry R. Schoolcraft, U. S. Indian Agent. Henry B. Brevoort, U. S. Indian Agent. Thomas Rowland. D. G. Jones. R. A. Forsyth. S. Conant. E. A. Brush. Jn. Bte. Fcois. Fauvel, Clergyman. Jesse Miner. Henry Conner, Intorpreter. John Kinzie, Jr.

To the Indian names are subjoined marks.

[Note.—This treaty was ratified with this proviso, contained in the resolution of the Senate: “That the said treaty shall not impair or effect any right or claim which the New York Indians or any of them have to the lands or any of the lands mentioned in the said treaty.”]

Sept. 19, 1827 Treaty 7 Stat. 305 A TREATY

Sept. 19, 1827.

Proclamation, Feb. 23, 1829.

Between the United States and the Potawatamie Tribe of Indians.

In order to consolidate some of the dispersed bands of the Potawatamie Tribe in the Territory of Michigan at a point removed from the road leading from Detroit to Chicago, and as far as practicable from the settlements of the Whites, it is agreed that the following tracts of land, heretofore reserved for the use of the said Tribe, shall be, and they are

Cession of land by the Indians.

hereby, ceded to the United States.

Two sections of land on the river Rouge at Seginsairn’s village.

Two sections of land at Tonguish’s village, near the river Rouge.

That part of the reservation at Macon on the river Raisin, which yet belongs to the said tribe, containing six sections, excepting therefrom one half of a section where the Potawatamie Chief Moran resides, which shall be reserved for his use.

306

One tract at Mang ach qua village, on the river Peble, of six miles square.

One tract at Mickesawbe, of six miles square.

One tract at the village of Prairie Ronde, of three miles square.

One tract at the village of Match e be nash she wish, at the head of the Kekalamazoo river, of three miles square, which tracts contain in the whole ninety nine sections and one half section of land.

And in consideration of the preceding cession, there shall be reserved for the use of the said tribe, to be held upon the same terms on which Indian reservations are usually held, the following tracts of land.

Sections numbered five, six, seven and eight, in the fifth township, south of the base line, and in the ninth range west of the principal meridian in the Territory of Michigan.

The whole of the fifth township, south, in the tenth range, west, not already included in the Nottawa Sape reservation.

Sections numbered one, two, eleven, twelve, thirteen, fourteen, twenty-three, twenty four, twenty five, twenty six, thirty five, and thirty six, in the fifth township, south, and eleventh range, west.

The whole of the fourth township, south, in the ninth range, west.

Sections numbered eight, seventeen, eighteen, nineteen, twenty, twenty nine, thirty, thirty one and thirty two, in the fourth township, south, and ninth range, west.

Sections numbered one, two, eleven, twelve, thirteen, fourteen, twenty three, twenty four, twenty five, twenty six, thirty five and thirty six, in the fourth township, south, and eleventh range, west.

Which tracts of land will form a continuous reservation, and contain ninety nine sections.

Treaty binding when ratified.

After this treaty shall be ratified by the President and Senate, the same shall be obligatory on the United States and the said tribe of Indians.

In testimony whereof, Lewis Cass, Commissioner on the part of the United States, and the Chiefs and Warriors of the said tribe, have here unto set their hands at St. Joseph, in the Territory of Michigan, this nineteenth day of September, A. D. one thousand eight hundred and twenty-seven.

LEWIS CASS.

Mixs-a-bee,

Shee-ko-maig, or marsh fish,

Pee-nai-sheish, or little bird,

Kce-o-suck-o-wah,

Mais-ko-sce,

A-bee-ta-que-zic, or half day,

Ko-jai-waince,

Sa-keo-maus,

Mitch-e-pe-nain-she-wish, or bad bird,

Ma-tsai-bal-to,

Ne-kee-quin-nish-ka,

Wa-kai-she-maus,

Peerish Morain,

Mee-she-pe-she-wa-nan,

O-tuck-quen,

Que-quan,

Wai-sa i-gau,

O-kec-yau,

Me-shai-wais.

In presence of John L. Leib. B. A. Forsyth. Benj. B. Kercheval. Isaac McCoy G. W. Silliman. James J. Godfrey. Joseph Bertrand. T. T. Smith.

To the Indian names are subjoined marks.

Nov. 15, 1827 Agreement 7 Stat. 307 ARTICLES OF AGREEMENT

Nov. 15, 1827.

Proclamation, March 4, 1828.

Made and concluded at the Creek Agency, on the fifteenth day of November, one thousand eight hundred and twenty-seven, between Thomas L. McKenney, and John Crowell, in behalf of the United States, of the one part, and Little Prince and others, Chiefs and Head Men of the Creek Nation, of the other part.

Whereas a Treaty of Cession was concluded at Washington City

Object of the treaty.

Ante, p. 286.

in the District of Columbia, by James Barbour, Secretary of War, of the one part, and Opothleoholo, John Stidham, and Others, of the other part, and which Treaty bears date the twenty fourth day of January, one thousand eight hundred and twenty six; and whereas, the object of said Treaty being to embrace a cession by the Creek Nation, of all the lands owned by them within the chartered limits of Georgia, and it having been the opinion of the parties, at the time when said Treaty was concluded, that all, or nearly all, of said lands were em braced in said cession, and by the lines as defined in said Treaty, and the supplemental article thereto: and whereas it having been since ascertained that the said lines in said Treaty, and the supplement thereto, do not embrace all the lands owned by the Creek Nation within the chartered limits of Georgia, and the President of the United States having urged the Creek Nation further to extend the limits as defined in the Treaty aforesaid, and the Chiefs and bead men of the Creek Nation being desirous of complying with the wish of the President of the United States, therefore, they, the Chiefs and head men aforesaid, agree to cede, and they do hereby cede to the United States, all the remaining lands now owned or claimed by the Creek Nation, not heretofore ceded, and which, on actual survey, may be found to lie within the chartered limits of the State of Georgia.

In consideration whereof, and in full compensation for the above

U. S. agree to pay 827,491.

cession, the undersigned, Thomas L. McKenney, and John Crowell, in behalf of the United States, do hereby agree to pay to the Chiefs and head men of the Creek Nation aforesaid, and as soon as may be after the approval and ratification of this agreement, in the usual forms, by the President and Senate of the United States, and its sanction by a council of the Creek Nation, to be immediately convened for the purpose, or by the subscription of such names, in addition to those subscribed to this instrument, of Chiefs and head men of the nation, as shall constitute it the act of the Creek Nation—the sum of twenty-seven thousand four hundred and ninety-one dollars.

It is further agreed by the parties hereto, in behalf of the United

Further agreement.

States, to allow, on account of the cession herein made, the additional sum of fifteen thousand dollars, it being the understanding of both the parties, that five thousand dollars of this sum shall be applied, under the direction of the President of the United States, towards the education and support of Creek children at the school in Kentucky, known by the title of the “Choetmo Academy,” and under the existing regulations; also, one thousand dollars towards the support of the Withington, and one thousand dollars towards the support of the Asbury stations, so called, both being schools in the Creek Nation, and under regulations of the Department of War; two thousand dollars for the erection of four horse mills, to be suitably located under the direction of the President of the United States; one thousand dollars to be applied to the 307 TREATY WITH THE CREEKS. 1827.308purchase of cards and wheels, for the use of the Creeks, and the remaining five thousand dollars, it is agreed, shall be paid in blankets and other necessary and useful goods, immediately after the signing and delivery of these presents.

In witness whereof, the parties have hereunto set their hands and seals this fifteenth day of November, one thousand eight hundred and twenty-seven.

THOMAS L. M’KENNEY, JOHN CROWELL.

Little Prince,

Epau-emathla,

Timpouchoe Burnard,

Hathlan Haujo,

Oke-juoke Yau-holo,

Cassetaw Micco.

In presence of Luther Blake, Secretary. Andrew Hamill. Whitman C. Hill. Thomas Crowell.

To the Indian names we subjoined a mark and seal.

Whereas the above articles of agreement and cession were entered into at the Creek Agency on the day and date therein mentioned, between the Little Prince, the head man of the nation, and five other Chiefs, and Thomas L. McKenney and John Crowell, Commissioners on the part of the United States, for the cession of all the lands owned or claimed by the Creek Nation, and not heretofore ceded, and which, on actual survey, may be found to lie within the chartered limits of the State of Georgia, and which said agreement was made subject to the approval and ratification by the President and Senate of the United States, and the approval and sanction of the Creek Nation, in General Council of the said Nation.

Now, these presents witnesseth, that we, the undersigned, Chiefs and head men of the Creek Nation in General Council convened, at Wetumpka, this third day of January, one thousand eight hundred and twenty-eight, have agreed and stipulated with John Crowell, Commissioner on the part of the United States, for and in consideration of the additional sum of five thousand dollars, to be paid to us in blankets, and other necessary articles of cloathing, immediately after the signing and sealing of these presents, to sanction, and by these presents do hereby approve, sanction, and ratify, the above-mentioned and foregoing articles of agreement and cession.

In witness whereof, the parties have hereunto set their hand and seals, the day and date above mentioned.

JOHN CROWELL.

Broken Arrow Town.

Little Prince,

Tuskugu,

Cotche Hayre.

Cusetau Town,

Tukchenaw,

Epi Emartla,

Oukpusnu Yoholo.

Cowetaa Town.

Neah Thlucco,

Arthlaa Hayre,

Cowetaw Micco.

Oswichu Town.

Halatta Tustinuggu,

Octiatchu Emartla,

Chalre Emartla.

Uchee Town.

Timpoeche Barned,

Uchee Tustinuggu,

William Barnard.

Hitchetee Town.

Neah Emartla,

Hitchelu Emartla,

Car Emartla.

Che-anhun Town.

Tuskehemau,

Oabe Tushmoggu,

Liteff Hargo.

TREATY WITH THE MIAMIES. 1828. 309

Tallawa Thlucco Town.

Micco,

Emartla Thlucco,

Neah Thlucco.

Suocuto Town.

John Stedham,

Neah Micco,

Noah Thlucco Yoholo.

Ufala Town.

Tushatche Emartla,

Tustinuggu Hajo,

Capitche Tustinuggu,

Oakete-ac-stuee Town.

Tuskeheneau.

Halchuchubb Town.

Coosa Micco,

Tuskahatche Hajo.

We-kiwa Town.

Charlo Hargo,

Hallatta Tustinuggu.

Tuckabatchu Town.

Tustmuggu Thlucco, by proxy.

Micco Paccah,

Tuckahatche Micco,

Arcliu Oacne Ementla.

Clewalla Town.

Tustinuggu Ementla,

Tuskabachu Fixico,

Latla Micco.

Upper Eufalla Town.

Tustinik Cochocone,

Holatta Fixico.

Oakpuskee Town.

Tuskugu Hayo,

Ementla.

Tallasee Town.

Chosh Harge.

Archieco Town.

Hapaie Fixico,

Cametau Tuskehenau.

Tallesee Hatchu Town.

Oakpuske Yoholo,

Latta Hayre.

Quaasada Town.

Tustinuggu Chopco.

Nocosu Ementla.

Mico Hayre.

Tuskugu Town.

Osa Hayo.

Osaw Hayo.

Tomasa Town.

Colitchu Ementla.

Chawaccola Hatchu Town.

Cob E. Hayo,

Powas Yoholo,

Ema Hayre.

In presence of Luther Blake, Secretary. Andrew Hamill. Enoch Johnson. Thomas Crowell. Benjamin Marshall, Paddy Carr, Interpreters. Joseph Marshall. John Winslett.

To the Indian names are subjoined marks

Feb. 11, 1828 Treaty 7 Stat. 309 ARTICLES OF A TREATY

Feb. 11, 1828.

Proclamation, May 7, 1828.

Made and concluded at the Wyandot village, near the Wabash in the State of Indiana between John Tipton, Commissioner for that purpose, on the part of the United States, and the Chiefs, Head Men and Warriors, of the Eel River, or Thorntown party of Miami Indians.

Art. 1.

The Chiefs, Head Men, and Warriors of the Eel River or

Cession of land to U.S.

Thorntown party of Miami Indians, agree to cede, and by these presents do cede, and relinquish to the United States all their right, title, and claim to a reservation of land about ten miles square, at their village on Sugartree Creek in Indiana, which was reserved to said party by the second article of a Treaty between Commissioners of the United States, and the Miami nation of Indians, made and entered into at St. Mary’s

Ante, p. 189.

in the State of Ohio, on the sixth day of October, one thousand eight hundred and eighteen.

It is understood and agreed on by said Indians, that they will not

Indians not to burn houses, &c. on reservation.

burn or destroy the houses or fences on said reservation, and that they will leave them in as good condition as they now are; and remove to 310the five mile reservation on Eel River by the fifteeenth day of October next.

Goods to amount of 2000 dollars to be delivered to Indians.

Art. 2.

The Commissioner of the United States has delivered to said party of Indians, goods to the value of two thousand dollars, in part consideration for the cession herein made, and it is agreed that in case this treaty should be ratified by the President and Senate of the United States, that the United States shall pay said party an additional sum of eight thousand dollars in goods next summer, build twelve log houses, ten on the five mile reservation, and two on the Wabash; clear and fence forty acres of land on the five mile reservation, furnish them one wagon and two yoke of oxen, furnish two hands to work three months in each year for two years, five hundred dollars worth of provisions delivered on the Wabash; furnish them five horses', five saddles and five bridles.

Proviso.

Provided however, that if this treaty should not be ratified by the President and Senate of the United States, that said party agree to pay for the goods this day received, two thousand dollars, to be deducted from their annuity for this present year.

Payment to Peter Langlois.

Art. 3. At the request of the Indians, and in part consideration for the cession aforesaid, the United States agree to pay to Peter Langlois, one thousand dollars in silver, and three thousand dollars in goods next summer, for provisions and goods heretofore delivered to said party.

Appropriation for education of Indian youths.

Art. 4. The United States agree to appropriate one thousand dollars per year for five years, and longer if Congress think proper, to be applied under the direction of the President, to the education of the youths of the Miami nation.

Fourth article may be modified.

Art. 5. It is distinctly understood and agreed on by and between the contracting parties, that the President and Senate may, if they think proper, modify or expunge from this treaty, the fourth article, without affecting any other of its provisions.

Treaty obligatory when ratified.

Art. 6. This treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof, the said John Tipton, Commissioner as afore said on the part of the United States, and the Chiefs, Head Men, and Warriors, of said party, have hereunto set their hands and seals at the Wyandot village, near the Wabash, this eleventh day of February, in the year of our Lord one thousand eight hundred and twenty-eight.

JOHN TIPTON, Comm’r.

Ne go la kaup wa,

Shaw po to se aw,

Ntah ko ke aw,

Aw waw no zaw,

Kaw koaw ma kau to aw,

Aw sawn zaw gaw,

Shin go aw zaw,

Oh zau ke at tau,

Waw paw ko se aw,

Mack kon zaw,

Man je ne ki ah,

Naw waw pawm awn daw,

Ne ah law naun daw,

Ke pah naw mo aw,

Ke we kau taw,

Pierrish Constant,

Aw wawn saw peau.

Attest—Walter Wilson, Secretary to the Commissioner. J. B. Duret Joseph Barron, J. B. Boure, Interpreters. Calvin Fletcher. Saml. Hanna. Allen Hamilton. Jordan Vigus. Pierre Langly. Joseph Holman.

To the Indian names are subjoined a mark and seal.

May 6, 1828 Convention 7 Stat. 311 ARTICLES OE A CONVENTION,

May 6, 1828.

Proclamation, May 28, 1828.

Concluded at the City of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and twenty-eight, between James Barbour, Secretary of War, being especially authorized therefor by the President of the United States, and the undersigned, Chiefs and Head Men of the Cherokee Nation of Indians, West of the Mississippi, they being duly authorized and empowered by their Nation.

Whereas, it being the anxious desire of the Government of the

Object of the treaty.

United States to secure to the Cherokee nation of Indians, as well those now living within the limits of the Territory of Arkansas, as those of their friends and brothers who reside in States East of the Mississippi, and who may wish to join their brothers of the West, a permanent home, and which shall, under the most solemn guarantee of the United States, be, and remain, theirs forever—a home that shall never, in all future time, be embarrassed by having extended around it the lines, or placed over it the jurisdiction of a Territory or State, nor be pressed upon by the extension, in any way, of any of the limits of any existing Territory or State; and, Whereas, the present location of the Chero kees in Arkansas being unfavourable to their present repose, and tending, as the past demonstrates, to their future degradation and misery; and the Cherokees being anxious to avoid such consequences, and yet not questioning their right to their lands in Arkansas, as secured to them by Treaty, and resting also upon the pledges given them by the President of the United States, and the Secretary of War, of March, 1818, and 8th October, 1821, in regard to the outlet to the West, and as may be seen on referring to the records of the War Department, still being anxious to secure a permanent home, and to free themselves, and their posterity, from an embarrassing connexion with the Territory of Arkansas, and guard themselves from such connexions in future; and, Whereas, it being important, not to the Cherokees only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the former, within the limits of the Territory or State of Arkansas, as the case may be, and their removal therefrom; and to avoid the cost which may attend negotiations to rid the Territory or State of Arkansas whenever it may become a State, of either, or both of those Tribes, the parties hereto do hereby conclude the following Articles, viz:

Art. 1. The Western boundary of Arkansas shall be, and the same

Western boundary of Arkansas defined.

is, hereby defined, viz: A line shall be run, commencing on Red River, at the point where the’Eastern Choctaw line strikes said River, and run due North with said line to the River Arkansas, thence in a direct line to the South West corner of Missouri.

Art. 2. The United States agree to possess the Cherokees, and to

Territory guarantied to Cherokees by U. S.

guarantee it to them forever, and that guarantee is hereby solemnly pledged, of seven millions of acres of land, to be bounded as follows, viz: Commencing at that point on Arkansas River where the Eastern Choctaw boundary line strikes said River, and running thence with the Western line of Arkansas, as defined in the foregoing article, to the 311 312South-West corner of Missouri, and thence with the Western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand River, thence due West to a point from which a due South course will strike the present North West corner of Arkansas Territory, thence continuing due South, on and with the present Western boundary line of the Territory to the main branch of Arkansas River, thence down said River to its junction with the Canadian River, and thence up and between the said Rivers Arkansas and Canadian, to a point at which a line running North and South from River to River, will give the aforesaid seven millions of acres. In addition to the seven millions of acres thus provided for, and bounded, the United States further guarantee to the Cherokee Nation a perpetual outlet, West, and a free and unmolested use of alt the Country lying West of the Western boundary of the above described limits, and as far West as the sovereignty of the United States, and their right of soil extend.

U. S. to run the lines.

Art. 3. The United States agree ta have the lines of the above cession run without delay, say not later than the first of October next, and to remove, immediately after the running of the Eastern line from the Arkansas River to the South-West corner of Missouri, all white persons from the West to the East of said line, and also all others, should there be any there, who may be unacceptable to the Cherokees, so that no obstacles arising out of the presence of a white population, or a population of any other sort, shall exist to annoy the Cherokees—and also to keep all such from the West of said line in future.

Persons to be appointed to value Cherokee improvements.

Art. 4. The United States moreover agree to appoint suitable persons whose duty it shall be, in conjunction with the Agent, to value all such improvements as the Cherokees may abandon in their removal from their present homes to the District of Country as ceded in the second Article of this agreement, and to pay for the same immediately after the assessment is made, and the amount ascertained. It is further agreed, that the property and improvements connected with the agency, shall be sold under the direction of the Agent, and the proceeds of the same applied to aid in the erection, in the country to which the Cherokees are going, of a Grist, and Saw Mill, for their use. The aforesaid property and improvements are thus defined: Commence at the Arkansas River opposite William Stinnetts, and run due North one mile, thence due East to a point from which a due South line to the Arkansas River would include the Chalybeate, or Mineral Spring, attached to or near the present residence of the Agent, and thence up said River (Arkansas) to the place of beginning.

Further agreement.

Art. 5. It is further agreed, that the United States, in consideration of the inconvenience and trouble attending the removal, and on account of the reduced value of a great portion of the lands herein ceded to the Cherokees, as compared with that of those in Arkansas which were made theirs by the Treaty of 1817, and Convention of 1819, will pay to the Cherokees, immediately after their removal which shall be within fourteen months of the date of this agreement, the sum of fifty thousand dollars; also an annuity, for three years, of two thousand dollars, towards defraying the cost and trouble which may attend upon going after and recovering their stock which may stray into the Territory in quest of the pastures from which they may be driven—also, eight thousand seven hundred and sixty dollars, for spoliations committed on them, (the Cherokees,) which sum will be in full of all demands of the kind up to this date, as well those against the Osages, as those against citizens of the United States—this being the amount of the claims for said spoliations, as rendered by the Cherokees, and which are believed to be correctly and fairly stated.—Also, one thou-TREATY WITH THE CHEROKEES. 1828.313sand two hundred dollars for the use of Thomas Graves, a Cherokee Chief, for losses sustained in his property, and for personal suffering endured by him when confined as a prisoner, on a criminal, but false accusation; also, five hundred dollars for the use of George Guess, another Cherokee, for the great benefits he has conferred upon the Cherokee people, in the beneficial results which they are now experiencing from the use of the Alphabet discovered by him, to whom also, in consideration of his relinquishing a valuable saline, the privilege is hereby given to locate and occupy another saline on Lee’s Creek. It is further agreed by one United States, to pay two thousand dollars, annually, to the Cherokees, for ten years, to be expended under the direction of the President of the United States in the education of their children, in their own country, in letters and the mechanick arts; also, one thousand dollars towards the purchase of a Printing Press and Types to aid the Cherokees in the progress of education, and to benefit and enlighten them as a people, in their own, and our language. It is agreed further, that the expense incurred other than that paid by the United States in the erection of the buildings and improvements, so far as that may have been paid by the benevolent society who have been, and yet are, engaged in instructing the Cherokee children, shall be paid to the society, it being the understanding that the amount shall be expended in the erection of other buildings and improvements, for like purposes, in the country herein ceded to the Cherokees. The United States relinquish their claim due by the Cherokees to the late United States Factory, provided the same does not exceed three thousand five hundred dollars.

Art. 6. It is moreover agreed, by the United States, whenever the

Further agreement.

Cherokees may desire it, to give them a set of plain laws, suited to their condition—also, when they may wish to lay off their lands, and own them individually, a surveyor shall be sent to make the surveys at the cost of the United States.

Art. 7. The Chiefs and Head Men of the Cherokee Nation, aforesaid,

Cherokees to surrender lands in Arkansas within fourteen months.

for and in consideration of the foregoing stipulations and provisions, do hereby agree, in the name and behalf of their Nation, to give up, and they do hereby surrender, to the United States, and agree to leave the same within fourteen months, as herein before stipulated, all the lands to which they are entitled in Arkansas, and which were secured to them by the Treaty of 8th January, 1817, and the Convention of the 27th February, 1819.

Art. 8. The Cherokee Nation, West of the Mississippi having, by

Cost of emigration, &c. to be borne by the U. S.

this agreement, freed themselves from the harassing and ruinous effects consequent upon a location amidst a white population, and secured to themselves and their posterity, under the solemn sanction of the guarantee of the United States, as contained in this agreement, a large extent of unembarrassed country; and that their Brothers yet remaining in the States may be induced to join them and enjoy the repose and blessings of such a State in the future, it is further agreed, on the part of the United States, that to each Head of a Cherokee family now residing within the chartered limits of Georgia, or of either of the States, East of the Mississippi, who may desire to remove West, shall be given, on enrolling himself for emigration, a good Rifle, a Blanket, and Kettle, and five pounds of Tobacco: (and to each member of bis family one Blanket,) also, a just compensation for the property he may abandon, to be assessed by persons to be appointed by the President of the United States. The cost of the emigration of all such shall also be borne by the United States, and good and suitable ways opened, and provisions procured for their comfort, accommodation, and support, by the way, 314and provisions for twelve months after their arrival at the Agency; and to each person, or head of a family, if he take along with him four persons, shall be paid immediately on his arriving at the Agency and reporting himself and his family, or followers, as emigrants and permanent settlers, in addition to the above, provided he and they shall have emigrated from within the Chartered limits of the State of Georgia, the sum of fifty dollars, and this sum in proportion to any greater or less number that may accompany him from within the aforesaid Chartered limits of the State of Georgia.

A certain tract of land to be reserved for lire benefit of the United States.

Art. 9. It is understood and agreed by the parties to this Convention, that a Tract of Land, two miles wide and six miles long, shall be, and the same is hereby, reserved for the use and benefit of the United States, for the accommodation of the military force which is now, or which may hereafter be, stationed at Fort Gibson, on the Neasho, or Grand River, to commence on said River half a mile below the aforesaid Fort, and to run thence due East two miles, thence Northwardly six miles, to a point which shall be two miles distant from the River aforesaid, thence due West to the said River, and down it to the place of beginning. And the Cherokees agree that the United States shall have and possess the right of establishing a road through their country for the purpose of having a free and unmolested way to and from said Fort.

Captain J. Rogers to be paid in full for property lost in the service of U.S.

Art. 10. It is agreed that Captain James Rogers, in consideration of his having lost a horse in the service of the United States, and for services rendered by him to the United States, shall be paid, in full for the above, and all other claims for losses and services, the sum of Five Hundred Dollars.

Art. 11. This Treaty to be binding on the contracting parties so soon as it is ratified by the President of the United States, by and with the advice and consent of the Senate.

Done at the place, and on the day and year above written.

JAMES BARBOUR.

Chiefs of the Delegation:

Black Fox,

Thomas Graves,

** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.George Guess,

** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.Thomas Maw,

** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.George Marvis,

** Written by the signers in their language, and in the characters now in use among them, as discovered by George Guess.John Looney,

John Rogers,

J. W. Flawey, Counsellor of Del.

Witnesses:—Thos. L. M’Kenney. James Rogers, Interpreter. D. Kurtz. H. Miller. Thomas Murray. D. Brown, Secretary Cherokee Delegation. Pierye Pierya. E. W. Duval, U. S. Agent, &c.

$\begin{matrix} \end{matrix}$

$\begin{matrix} Department of War, \\ 31st May, 1823. \end{matrix}}$

To the Hon. Henry Clay,

Secretary of State:

Sir: I have the honor to transmit, herewith, the acceptance of the terms, by the Cherokees, upon which the recent Convention with them TREATY WITH THE WINNEBAGOES. 1828.315was ratified. You will have the goodness to cause the same to be attached to the Treaty, and published with it.

I have the honor to be, very respectfully, your obedient servant,

SAM’L. L. SOUTHARD..

$\begin{matrix} \end{matrix}$

$\begin{matrix} Council Room, Williamson’s Hotel, \\ Washington, May 31st, 1828. \end{matrix}}$

To the Secretary or War,

Washington City:

Sir: The undersigned, Chiefs of the Cherokee Nation, West of the Mississippi, for and in behalf of said Nation, hereby agree to, and accept of, the terms upon which the Senate of the United States ratified the Convention, concluded at Washington on the sixth day of May, 1828, between the United States and said Nation.

In testimony whereof, they hereunto subscribe their names and affix their seals.

Thomas Graves,

George Marvis,

Thomas Maw,

John Rogers,

Signed and sealed in the presence of Thomas Murray. James Rogers, Interpreter. E. W. Duval, U. S. Agent, &c.

To the Indian names are subjoined a mark and seal.

[Note.—Thia treaty was ratified with the following proviso, expressed in the resolution of die Senate: “Provided, nevertheless, that the said Convention shall not be so construed as to extend the Northern Boundary of the ‘Perpetual Outlet West,’ provided for and guaranteed in the second article of said Convention, North of the thirty sixth degree of North latitude, or so as to interfere with the lands assigned, or to be assigned, West of the Mississippi River, to the Creek Indians who have emigrated, or may emi grate, from the States of Georgia and Alabama, under the provisions of any Treaty or Treaties heretofore concluded between the United States and the Creek tribe of Indians; and provided further, That nothing in the said Convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any Treaty now existing and in force, with any such tribe or tribes.”]

Aug. 25, 1828 Treaty 7 Stat. 315 ARTICLES OF AGREEMENT

Aug. 25, 1828.

Proclamation, Jan. 7, 1829.

With the Winnebago Tribe and the United Tribes of Potawatamie, Chippewa and Ottawa Indians.

The Government of the United States having appointed Commissioners

Preamble.

to treat with the Sac, Fox, Winebago, Potawatamie, Ottawa, and Chippewa, tribes of Indians, for the purpose of extinguishing their title to land within the State of Illinois, and the Territory of Michigan, situated between the Illinois river and the Lead Mines on Fever River, and in the vicinity of said Lead Mines, and for other purposes; and it having been found impracticable, in consequence of the lateness of the period when the instructions were issued, the extent of the country occupied by the Indians, and their dispersed situation, to convene them in sufficient numbers to justify a cession of land on their part; and the Chiefs of the Winnebago tribe, and of the united tribes of the Potawatamies, Chippewas, and Ottawas, assembled at Green Bay, having de-316clined at this time to make the desired cession, the following temporary arrangement, subject to the ratification of the President and Senate of the United Slates, has this day been made, between Lewis Cass and Pierre Menard, Commissioners of the United States, and the said Winnebago tribe, and the United tribes of Potawatamie, Chippewa, and Ottawa, Indians, in order to remove the difficulties which have arisen in consequence of the occupation, by white persons, of that part of the mining country which has not been heretofore ceded to the United States.

Provisional boundary between lends of U. S. and those of the Indians.

Article 1. It is agreed that the following shall be the provisional boundary between the lands of the United States and those of the said Indians: The Ouisconsin river, from its mouth to its nearest approach to the Blue Mounds; thence southerly, passing east of the said mounds, to the head of that branch of the Pocatolaka creek which runs near the Spotted Arm’s village; thence with the said branch to the main forks of Pocatolaka creek; thence southeasterly, to the ridge dividing the Winebago country from that of the Potawatamie, Chippewa, and Ottawa tribes; thence southerly, with the said ridge, to the line running from Chicago to the Mississippi, near Rock Island. And it is fully understood, that the United States may freely occupy the country between these boundaries and the Mississippi river, until a treaty shall be held with the Indians for its cession; which treaty, it is presumed, will be held with the year 1829. But it is expressly understood and agreed, that if any white persons shall cross the line herein described, and pass into the Indian country, for the purpose of mining, or for any other purpose whatever, the Indians shall not interfere with nor molest such persons, but that the proper measures for their removal shall be referred to the President of the United States. In the mean time, however, it is agreed, that any just compensation to which the Indians may be entitled for any injuries committed by white persons on the Indian side of the said line, shall be paid to the said Indians at the time such treaty may

Ferries to be established over Rock river.

be held—It is also agreed by the Indians that a ferry may be established over the Rock River, where the Fort Clark road crosses the same; and, also, a ferry over the same river at the crossing of the Lewiston road.

Payment to Indians for trespasses on their mines, &c.

Article 2. The United States agree to pay to the Winebago, Potawatamie, Chippewa, and Ottawa Indians, the sum of twenty thousand dollars, in goods, at the time and place when and where the said treaty may be held: which said sum shall be equitably divided between the said tribes, and shall be in full compensation for all the injuries and damages sustained by them, in consequence of the occupation of any part of the mining country by white persons, from the commencement of such occupation until the said treaty shall be held. Excepting, however, such compensation as the Indians may be entitled to, for any injuries hereafter committed on their side of the line hereby established.

In testimony whereof, the said Commissioners and the Chiefs of the said tribes have hereunto set their hands, at Green Bay, in the Territory of Michigan, this 25th day of August, in the year of our Lord one thousand eight hundred and twenty-eight.

LEWIS CASS, PIERRE MENARD.

Winnebagoes.

Nan-kaw, or Wood,

Hoan-kaw, or Chief,

Hoo-waun-ee-kaw, or Little Elk,

Tshay-ro-tahoan-kaw, or Smoker,

Haump-ee-man-ne-kaw, or He who Walks by Day,

Hoo-tshoap-kaw, or Four Legs,

Morah-tshay-kaw, or Little Priest,

Kau-ree-kau-saw-kaw, or White Crow,

TREATY WITH THE POTTAWATIMIES. 1828. 317

Wau-kaun-haw-kaw, or Snake Skin,

Man-ah-kee-tshump-kaw, or Spotted Arm,

Wee-no-she-kaw,

Tshaw-wan-shaip-shootsh-kaw,

Hoo-tshoap-kaw, or Four Legs, (senior)

Nau-soo-ray-risk-kaw,

Shoank-tshunsk-kaw, or Black Wolf,

Wau-tshe-roo-kun-ah-kaw, or He who is Master of the Lodge,

Kay-rah-tsho-kaw, or Clear Weather,

Hay-ro-kaw-kaw, or He without Horns,

Wan-kaum-kani, or Snake,

Kan-kaw-saw-kaw,

Man-kay-ray-kau, or Spotted Earth,

Thaun-wan-kaw, or Wild Cat,

Span-you-kaw, or Spaniard,

Shoank-skaw-kaw, or White Dog,

Nee-hoo-kaw, or Whirlpools,

Nath-kay-saw-kaw, or Fierce Heart,

Wheank-kaw, or Duck,

Saw-waugh-kee-wau, or He that leaves the Yellow Track.

Sin-a-gee-wen, or Ripple,

Shush-que-nau,

Sa-gin-nai-nee-pee,

Nun-que-wee-bee, or Thunder sitting,

O-bwa-gunn, or Thunder turn back,

Tusk-que-gun, or Last Feather,

Maun-gee-zik, or Big Foot,

Way-meek-see-goo, or Wampum,

Meeks-zoo,

Pay-mau-bee-mee, or Him that looks over.

Witnesses present:—W. B. Lee, Secretary. H. J. B. Brevoort, U. S. Indian Agent. R. A. Forsyth, Jno. H. Kinzie. John Marsh. E. A. Brush. G. W. Silliman. C. Chouteau. Peter Menard, Jun., Indian Sub-Agent. Henry Gratiot. Pierro Paquet, Winnebago Interpreter. J. Ogee, Potawatimie Interpreter.

To the Indian names are subjoined a mark and seal.

Sept. 20, 1828 Treaty 7 Stat. 317 ARTICLES OF A TREATY

Sept. 20, 1828.

Proclamation, Jan. 7, 1829.

Made and concluded at the Missionary Establishments upon the St. Joseph, of Lake Michigan, in the Territory of Michigan, this 20th day of September, in the year of our Lord one thousand eight hundred and twenty-eight, between Lewis Cass and Pierre Ménard, Commissioners, on the part of the United States, and the Potowatami tribe of Indians.

Article 1st. The Potowatami tribe of Indians cede to the United

Pottawatimies cede part of their lands.

States the tract of land included within the following boundaries. 1st. Beginning at the mouth of the St. Joseph, of Lake Michigan, and thence running up the said river to a point on the same river, half way between La-vache-qui-pisse and Macousin village: thence in a direct line, to the 19th mile tree, on the northern boundary line of the State Indiana; thence, with the same, west, to Lake Michigan; and thence, with the shore of the said Lake, to the place of beginning. 2. Beginning at a point on the line run in 1817, due east from the southern extreme of Lake Michigan, which point is due south from the head of the most easterly branch of the Kankekee river, and from that point running south ten miles; thence, in a direct line, to the northeast corner of Flatbelly’s reservation; thence, to the northwest corner of the reservation at Seek’s village; thence, with the lines of the said reservation, and of former cessions, to the line between the States of Indiana and Ohio; thence, with the same to the former described line, running due east from the southern extreme of Lake Michigan; and thence, with the said line, to the place of beginning.

Art. 2.

In consideration of the cessions aforesaid, there shall be paid

Additional annuities.

to the said tribe an additional permanent annuity of two thousand dollars; and also an additional annuity of one thousand dollars, for the term of twenty years; goods, to the value of thirty thousand dollars, shall be given to the said tribe, either immediately after signing this 318treaty, or as soon thereafter as they can be procured; an additional sum of ten thousand dollars, in goods, and another of five thousand dollars, in specie, shall be paid to them in the year 1829.

Purchase of domestic animals, &c.

The sum of seven thousand five hundred dollars shall be expended for the said tribe, under the direction of the President of the United States, in clearing and fencing land, erecting houses, purchasing domestic animals and farming utensils, and in the support of labourers to work for them.

Tobacco, iron and steel.

Two thousand pounds of tobacco, fifteen hundred weight of iron, and three hundred and fifty pounds of steel, shall be annually delivered to them.

Education.

One thousand dollars per annum shall be applied for the purposes of education, as long as Congress may think the appropriation may be useful.

Allowance of goods to principal chief.

Blacksmith.

One hundred dollars, in goods, shall be annually paid to To-pen-i-be-the, principal chief of the said tribe, during his natural life. The blacksmith, stipulated by the treaty of Chicago to be provided for the term of fifteen years, shall be permanently supported by the United States.

Laborers.

Three labourers shall be provided, during four months of the year, for ten years, to work for the band living upon the reservation South of the St. Joseph.

Grants of land to individual Indians, stipulated for.

Art. 3.

There shall be granted to the following persons, all of whom are Indians by descent, the tracts of land hereafter mentioned, which shall be located upon the second cession above described, where the President of the United States may direct, after the country may be surveyed, and to correspond with the surveys, provided that no location shall be made upon the Elkheart Prairie, nor within five miles of the same; nor shall the tracts there granted be conveyed by the grantees, without the consent of the President of the United States.

To Sah-ne-mo-quay, wife of Jean B. Dutrist, one-half section of land.

To Way-pe-nah-te-mo-quay, wife of Thomas Robb, one half section of land.

To Me-no-ka-mick-quay, wife of Edward McCarty, one half section of land.

To Ship-pc-shick-quay, wife of James Wyman, one half section of land.

To Assapo, wife of Antoine Gamlin, one half section of land.

To Moahquay, wife of Richard Chabert, one half section of land.

To Me-shaw-ke-to-quay, wife of George Cicot, two sections of land.

To Mary Préjean, wife of Louis St. Combe, one section of land.

To To-pe-naw-koung, wife of Peter Langlois, one section of land.

To Au-bee-nan-bee, a Potowatami chief, two sections of land.

To Me-che-hee, wife of Charles Minie, a half section of land.

To Louison, a Potowatamie, a reservation of one section, to include his house and cornfield.

To Kes-he-wa-quay, wife of Pierre F. Navarre, one section of land.

To Benac, a Potowatami, one section of land.

To Pe-pe-ne-way, a chief, one section of land.

To Pierre Le Clair, one section of land.

[To Joseph Barron, a white man who has long lived with the Indians, and to whom they are much attached, two sections of land; but the rejection of this grant is not to affect any other parts of the treaty.](*) * This paragraph was excepted, and not ratified.

To Betsey Ducharme, one half section of land. The section of land granted by the treaty of Chicago to Nancy Burnett, now Nancy Davis, 319shall be purchased by the United States, if the same can be done for the sum of one thousand dollars.

To Madeleine Bertrand, wife of Joseph Bertrand, one section of land.

Art. 4. The sum of ten thousand eight hundred and ninety-five

Payment of claims against Indians.

dollars shall be applied to the payments of certain claims against the Indians, agreeably to a schedule of the said claims hereunto annexed.(a) (a) For this Schedule, see post, Appendix II., p. 603.

Art. 5. Circumstances rendering it probable that the missionary

Missionary establishments.

establishment now located upon the St. Joseph, may be compelled to remove west of the Mississippi, it is agreed that when they remove, the value of their buildings and other improvements shall be estimated, and the amount paid by the United States. But, as the location is upon the Indian reservation, the Commissioners are unwilling to assume the responsibility, of making this provision absolute, and therefore its rejection is not to affect any other part of the treaty.

Art. 6. This treaty shall be obligatory, after the same has been

Treaty binding when ratified.

ratified by the President and Senate of the United States.

In testimony whereof, the Commissioners, and the Chiefs and Warriors of the said tribe, have hereunto set their hands, at the place, and upon the day aforesaid.

LEWIS CASS, PIERRE MENARD.

To-pen-e-bee,

A-bee-na-bee,

Po-ka-gon,

Ship-she-wa-non,

Qai-qai-ta,

Mixs-a-be,

Mo-sack,

Wa-ban-see,

Pe-nan-shies,

Misb-ko-see,

Moran,

Shaw-wa-nan-see,

Mank-see,

Shee-qua,

Asb-kum,

Louison,

Che-chalk-koos,

Pee-pee-nai-wa,

Moc-consc,

Kaush-quaw,

Sko-mans,

Au-tiss,

Me-non-quet,

Sack-a-mans,

Kin-ne-kose,

No-shai-e-quon,

Pe-tce-nans,

Jo-saih,

Mo-teille,

Wa-pee-kai-non,

Pack-quin,

Pash-po-oo,

Mans-kee-os,

Wasb-e-on-ause,

Pec-shee-wai,

O-kee-au,

Nau-kee-o-nuck,

Me-sho-ken-ho,

Non-ai,

Wa-shais-skuck,

Pai-que-sha-bai,

Mix-a-mans,

Me-tai-was,

Mis-qua-buck,

A-bee-tu-que-zuck,

Kee-ai-so-qua,

A-bee-tai-que-zuck,

Wau-shus-kec-zuck,

Kee-kee-wee-nus-ka,

Nichee-poo-sick,

Wa-sai-ka,

Mee-quen,

Num-quai-twa,

Mee-kee-sis,

Sans-gen-ai,

Wish-kai,

She-sha-gon,

Pee-pee-au,

O-tuck-quin,

Moo-koos,

Louison,

Pchee-koo,

Sha-wai-no-kuck,

Zo-zai,

Wai-za-we-shuck,

Me-chee-pee-nai-sbe-inah,

Com-o-zoo,

Je-bause,

Le Bœuf.

Signed in the presence of Alex. Wolcott, Indian Agent. John Tipton, Indian Agent. Charles Noble, Secretary to the Commissioners. A. Edwards, President of the Legislative Council. R. A. Forsyth. D. G. Jones. Walter Wilson, Mag. Gen. Indiana Mililia. Calvin Britain. E. Reed.

To the Indian names are subjoined marks.

320 TREATY WITH THE CHIPPEWAS, ETC. 1829.

Payment in goods.

After the signature of the Treaty, and at the request of the Indians, it was agreed, that of the ten thousand, dollars stipulated to be delivered in goods, in 1829, three thousand dollars shall be delivered immediately, leaving seven thousand dollars in goods to be delivered in 1829.

Location of grants.

The reservation of Pe. Langlois' wife to be located upon the north side of Eel river, between Peerish’s village and Louison’s reservation.

The reservation of Betsey Ducharme to be located at Louison’s run.

LEWIS CASS, PIERRE MENARD.

July 29, 1829 Treaty 7 Stat. 320 ARTICLES OF A TREATY

July 29, 1829.

Proclamation, Jan. 2, 1830.

Made and concluded at Prairie du Chien, in the Territory of Michigan, between the United States of America, by their Commissioners, General John McNeil, Colonel Pierre Menard, and Caleb Atwater, Esq. and the United Nations of Chippewa, Ottawa, and Potawatamie Indians, of the waters of the Illinois, Milwaukee, and Manitoouck Rivers.

ARTICLE I.

Certain lands ceded to U. S.

The aforesaid nations of Chippewa, Ottawa, and Potawatamie Indians, do hereby cede to the United States aforesaid, all the lands comprehended within the following limits, to wit: Beginning at the Winnebago Village, on Rock river, forty miles from its mouth, and running thence down the Rock river, to a line which runs due west from the most southern bend of Lake Michigan to the Mississippi river, and with that line to the Mississippi river opposite to Rock Island; thence, up that river, to the United States reservation at the mouth of the Ouisconsin; thence, with the south and east lines of said reservation, to the Ouisconsin river; thence, southerly, passing the heads of the small streams emptying into the Mississippi, to the Rock River aforesaid, at the Winnebago Village, the place of beginning. And, also, one other tract of land, described as follows, to wit: Beginning on the Western Shore of Lake Michigan, at the northeast corner of the field of Antoine Ouitmette, who lives near Gross Pointe, about twelve miles north of Chicago; thence, running due west, to the Rock River, aforesaid; thence, down the said river, to where a line drawn due west from the most southern bend of Lake Michigan crosses said river; thence, east, along said line, to the Fox River of the Illinois; thence, along the northwestern boundary line of the cession of 1816, to Lake Michigan; thence, northwardly, along the Western Shore of said Lake, to the place of beginning.

ARTICLE II.

Consideration therefor.

In consideration of the aforesaid cessions of land, the United States aforesaid agree to pay to the aforesaid nations of Indians the sum of sixteen thousand dollars, annually, forever, in specie: said sum to be paid at Chicago. And the said United States further agree to cause to be delivered to said nations of Indians, in the month of October next, twelve thousand dollars worth of goods as a present. And it is further agreed, to deliver to said Indians, at Chicago, fifty barrels of salt, annu-321ally, forever; and further, the United States agree to make permanent, for the use of the said Indians, the blacksmith’s establishment at Chicago.

ARTICLE III.

From the cessions aforesaid, there shall be reserved, for the use of

Certain lands reserved.

the undernamed Chiefs and their bands, the following tracts of land, viz:

For Wau-pon-eh-see, five sections of land at the Grand Bois, on Fox River of the Illinois, where Shaytee’s Village now stands.

For Shab-eh-nay, two sections at his village near the Paw-paw Grove. For Awn-kote, four sections at the village of Saw-meh-naug, on the Fox River of the Illinois.

ARTICLE IV.

There shall be granted by the United States, to each of the following

Certain tracts to be granted to certain descendants from the Indians.

persons, (being descendants from Indians,) the following tracts of land, viz: To Claude Laframboise, one section of land on the Riviere aux Pleins, adjoining the line of the purchase of 1816.

To Francois Bourbonné, Jr. one section at the Missionary establishment, on the Fox River of the Illinois. To Alexander Robinson, for himself and children, two sections on the Riviere aux Pleins, above and adjoining the tract herein granted to Claude Laframboise. To Pierre Leclerc, one section at the village of the As-sim-in-eh-Kon, or Paw-paw Grove. To Waish-kee-Shaw, a Potawatamie woman, wife of David Laughton, and to her child, one and a half sections at the old village of Nay-ou-Say, at or near the source of the Riviere aux Sables of the Illinois. To Billy Caldwell, two and a half sections on the Chicago River, above and adjoining the line of the purchase of 1816. To Victoire Pothier, one half section on the Chicago River, above and adjoining the tract of land herein granted to Billy Caldwell. To Jane Miranda, one quarter section on the Chicago River, above and adjoining the tract herein granted to Victoire Pothier. To Madeline, a Potawatamie woman, wife of Joseph Ogee, one section west of and adjoining the tract herein granted to Pierre Leclerc, at the Paw-paw Grove. To Archange Ouilmette, a Potawatamie woman, wife of Antoine Ouilmette, two sections, for herself and her children, on Lake Michigan, south of and adjoining the northern boundary of the cession herein made by the Indians aforesaid to the United States. To Antoine and François Leclerc, one section each, lying on the Mississippi River, north of and adjoining the line drawn due west from the most southern bend of Lake Michigan, where said line strikes the Mississippi River. To Mo-ah-way, one quarter section on the north side of and adjoining the tract herein granted to Waish-Kee-Shaw. The tracts of land herein stipulated to be granted, shall never be leased or conveyed by the grantees, or their heirs, to any persons whatever, without the permission of the President of the United States.

ARTICLE V. The United States, at the request of the Indians aforesaid, further

U. S. to pay claims against Indians.

agree to pay to the persons named in the schedule annexed to this treaty, the sum of eleven thousand six hundred and one dollars: which sum is in full satisfaction of the claims brought by said persons against said Indians, and by them acknowledged to be justly due.(a) (a) For this Schedule, see post, Appendix III., p. 604.

ARTICLE VI. And it is further agreed, that the United [States] shall, at their own

U.S. to survey boundary line of cession.

expense, cause to be surveyed, the northern boundary line of the cession herein made, from Lake Michigan to the Rock River, as soon as 322practicable after the ratification of this treaty, and shall also cause good and sufficient marks and mounds to be established on said line.

ARTICLE VII.

Right to hunt reserved.

The right to hunt on the lands herein ceded, so long as the same shall remain the property of the United States, is hereby secured to the nations who are parties to this treaty.

ARTICLE VIII.

Treaty binding when ratified.

This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

In testimony whereof, the said John M’Niel, Pierre Menard, and Caleb Atwater, Commissioners as aforesaid, and the Chiefs and Warriors of the said Chippewa, Ottawa, and Potawatamie Nations, have hereunto set their hands and seals, at Prairie du Chien, as aforesaid, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and twenty-nine.

$\begin{matrix} \end{matrix}$

$\begin{matrix} JOHN M’NEIL, \\ PIERRE MENARD, \\ CALEB ATWATER, \end{matrix}} Com’rs.$

Sin-eh-pay-nim,

Kawb-suk-we,

Wau-pon-eh-see,

Naw-geh say,

Shaw-way-nay-see,

Naw-geh-to-nuk,

Meek-say-mauk,

Kaw-gaw-gay-shee,

Maw-geh-set,

Meck-eh-so,

Awn-koto,

Shuk-eh-nay-buk,

Sho-men,

Nay-a-mush,

Pat-eh-ko-zuk,

Mash-kak-suk,

Pooh-kin-eh-naw,

Waw-kay-zo,

Sou-ka-mock,

Chee-chee-pin-quay,

Man-eh-bo-zo,

Shah-way-ne-be-nay,

Kaw-kee,

To-ram,

Nah-yah-to-Shuk,

Mee-chee-kee-wis,

Es-kaw-bey-wis,

Wau-pay-kay,

Michel,

Nee-kon-gum,

Mes-quaw-be-no-quay,

Pe-i-tum,

Kay-wan,

Wau-kaw-ou-say,

Shem-naw.

In presence of Charles S. Hempstead, Scc’y to the Com. Alex. Wolcott, Indian Agent. Jos. M. Street, Indian Agent. Thomas Forsyth, Indian Agent. Z. Taylor, Lt. Col. U. S. Army. John H. Kinzie, Sub. Agent Indian Affairs. R. B. Mason, Captain 1st Infantry. John Garland, Major U. S. Army. H. Dodge. A. Hill. Henry Gratiot. Richard Gentry. John Messersmith. Wm. P. Smith. C. Chouteau. James Turney. Jesse Benton, Jr. J. L. Bogardus. Antoine Le Claire, Indian Interpreter. Jos W. B. Mette, Indian Interpreter. Sogcc. John W. Johnson.

To the Indian names are subjoined marks.

Aug. 1, 1829 Treaty 7 Stat. 323 ARTICLES OF A TREATY

Aug. 1, 1829.

Proclamation, Jun. 2, 1830.

Made and concluded at the Village of Prairie du Chien, Michigan Territory, on this first day of August, in the year one thousand eight hundred and twenty-nine, between the United States of America, by their Commissioners, General John M’Niel, Colonel Pierre Menard, and Caleb Atwater, Esq. for and on behalf of said States, of the one part, and the Nation of Winnebaygo Indians of the other part.

ARTICLE I. The said Winnebaygo nation hereby, forever, cede and relinquish

Certain lands ceded, to U. S.

to the said United States, all their right, title, and claim, to the lands and country contained within the following limits and boundaries, to wit: beginning on Rock River, at the mouth of the Pee-kee-tau-no or Pee-kee-tol-a-ka, a branch thereof; thence, up the Pee-kee-tol-a-ka, to the mouth of Sugar Creek; thence, up the said creek, to the source of the Eastern branch thereof; thence, by a line running due North, to the road leading from the Eastern blue mound, by the most Northern of the four lakes, to the portage of the Wisconsin and Fox rivers; thence, along the said road, to the crossing of Duck Creek; thence, by a line running in a direct course to the most Southeasterly bend of Lake Puck-a-way, on Fox River; thence, up said Lake and Fox River, to the portage of the Wisconsin; thence, across said portage, to the Wisconsin river; thence, down said river, to the Eastern line of the United States’ reservation at the mouth of said river, on the south side thereof, as described in the second article of the treaty made at St. Louis, on the twenty-fourth day of August, in the year eighteen hundred and sixteen, with the Chippewas, Ottawas, and Potawatamies; thence, with the lines of a tract of country on the Mississippi river, (secured to the Chippewas, Ottawas, and Potawatamies, of the Illinois, by the ninth

Ante, p. 271.

article of the treaty made at Prairie du Chien, on the nineteenth day of August, in the year eighteen hundred and twenty-five,) running Southwardly, passing the heads of the small streams emptying into the Mississippi to the Rock river, at the Winnebaygo village, forty miles above its mouth; thence, up Rock river, to the mouth of the Pee-kee-tol-a-ka river, the place of beginning.

ARTICLE II. In consideration of the above cession, it is hereby stipulated, that the

Consideration therefor.

said United States shall pay to the said Winnebaygo nation of Indians the sum of eighteen thousand dollars in specie, annually, for the period of thirty years; which said sum is to be paid to said Indians at Prairie du Chien and Fort Winnebaygo, in proportion to the numbers residing within the most convenient distance of each place, respectively; and it is also agreed, that the said United States shall deliver immediately to said Indians, as a present, thirty thousand dollars in goods; and it is further agreed, that three thousand pounds of tobacco, and fifty barrels of salt, shall be annually delivered to the said Indians by the United States, for the period of thirty years; half of which articles shall be delivered at the Agency at Prairie du Chien, and the other half at the Agency of Fort Winnebaygo.

323 324 TREATY WITH THE WINNEBAGOES. 1829.

ARTICLE III.

U. S. to provide three blacksmiths’ shops, &c.

And it is further agreed between the parties, that the said United States shall provide and support three blacksmiths’ shops, with the necessary tools, iron, and steel, for the use of the said Indians, for the term of thirty years; one at Prairie du Chien, one at Fort Winnebaygo, and one on the waters of Rock river; and furthermore, the said United States engage to furnish, for the use of the said Indians, two yoke of oxen, one cart, and the services of a man at the portage of the Wisconsin and Fox rivers, to continue at the pleasure of the Agent at that place, the term not to exceed thirty years.

ARTICLE IV.

U. S. agree to pay certain claims against Winnebagoes.

The United States (at the request of the Indians aforesaid) further agree to pay to the persons named in the schedule annexed to this treaty, (and which forms part and parcel thereof,) the several sums as therein specified, amounting, in all, to the sum of twenty-three thousand five hundred and thirty-two dollars and twenty-eight cents; which sum is in full satisfaction of the claims brought by said persons against said Indians, and by them acknowledged to be justly due.

ARTICLE V.

U. S. to grant certain lands to descendants of Indians.

And it is further agreed, that, from the land hereinbefore ceded, there shall be granted by the United States to the persons herein named, (being descendants of said Indians,) the quantity of land as follows, to be located without the mineral country, under the direction of the President of the United States, that is to say: to Catherine Myott, two sections; to Mary, daughter of Catharine Myott, one section; to Michael St. Cyr, son of Hee-no-kau, (a Winnebaygo woman,) one section; to Mary, Ellen, and Brigitte, daughters of said Hee-no-kau, each one section; to Catherine and Olivier, children of Olivier Amelie, each one section; to François, Therese, and Joseph, children of Joseph Thibault, each one section; to Sophia, daughter of Joshua Palen, one section; to Pierre Pacquette, two sections; and to his two children, Therese and Moses, each one section; to Pierre Grignon L’Avoine, Amable, Margaret, Genevieve, and Mariette, children of said Pierre, each one section; to Mauk-nah-tee-sec, (a Winnebaygo woman,) one section; and to her eight children, viz: Therese, Benjamin, James, Simeon, and Phelise Leciiyer, Julia, and Antoine Grignon, and Alexis Peyet, each one section; to John Baptiste Pascal, Margaret, Angelique, Domitille, Therese, and Lisette, children of the late John Baptiste Pacquette, each one section; to Madeline Brisbois, daughter of the late Michel Brisbois, Jr. one section; to Therese Gagnier and her two children, François and Louise, two sections; to Mary, daughter of Luther Gleason, one section; and to Theodore Lupien, one section; all which aforesaid grants are not to be leased or sold by said grantees to any person or persons whatever, without the permission of the President of the

Annuity of $50 to Theresa Gagnier.

United States; and it is further agreed, that the said United States shall pay to Therese Gagnier the sum of fifty dollars per annum, for fifteen years, to be deducted from the annuity to said Indians.

ARTICLE VI(*) * Not ratified.

Sub-agent to be appointed.

The said United States hereby agree (by the request of said Indians,) to appoint a sub-agent for them, to reside on the waters of Rock river, and also to continue the present sub-agency at Fort Winnebaygo. But it is understood that the rejection of this article, by the Senate, is not to affect the validity of this Treaty.

325

ARTICLE VII. This Treaty, after the same shall be ratified by the President of the

Treaty binding when ratified.

United States, by and with the advice and consent of the Senate thereof, shall be obligatory on the contracting parties.

In testimony whereof, the said John M’Niel, Pierre Menard, and Caleb Atwater, Commissioners as aforesaid, and the Chiefs and Warriors of said Winnebaygo nation of Indians, have hereunto set their hands and seals, at the time and place first herein above written.

$\begin{matrix} \end{matrix}$

$\begin{matrix} JOHN M’NEIL, \\ PIERRE MENARD, \\ CALEB ATWATER, \end{matrix}} Com’s.$

Hay-ruy-tshoan-saip—Black Hawk,

Tshay-o-skuw-tsho-kaw —who plays with the Ox,

Kay-rah-tsho-kaw—Clear Sky,

Woank-shik-rootsh-kay—Man Eater,

Kau-rah-kaw-see-kau—Crow Killer,

Maunk-skaw-kaw—While Breast,

Hah-pau-koo-see-kaw,

Maun-kaw-kaw—Earth,

Ah-sheesh-kaw—Broken Arm,

Waw-kaun-kaw—Rattle Snake,

Chey-skaw-kaw—White Ox,

Nautch-kay-suek—the Quick Heart,

Wau-kaun-tshaw-way-kee-wen-kaw—Whirling Thunder,

Thoap-nuzh-ee-kaw—Four who stand,

Hay-nah-ah-ratsh-kay— Left-handed,

Woan-knaw-hoap-ee-ne-kaw—Big Medicine Man,

Pey-tshun-kaw—the Crane,

Jarot, or Jarrot,

Thay-hoo-kaw-kaw,

Koo-see-ray-kaw,

Nau-kaw-lar-ry-maumee—Wood,

Hee-tshah-wau-shaip-soots-kaw—Red War Eagle,

Hee-tshah-wau-shaip-skaw-kaw—White War Eagle,

Tshee-o-nuzh-ee-kaw—He who stands in the House,

Wau-kaun-hah-kaw—Snake Skin,

Hoo-wau-noo-kaw—Little Elk,

Shoank-tshunk-saip-kaw—Black Wolf,

Hee-tshaum-waw-kaw—Wild Cat,

Hoo-tshonp-kaw—Four Legs, Jr.

Maunk-kay-ray-kaw—Crooked Tail,

Wau-kaum-kaw—Rattle Snake,

Wau-tshee-roo-kun-o-kaw—Master of the Lodge,

Monec-kaw—the Bear who scratches,

Wau-kaun-tshaw-zee-kaw—Yellow Thunder,

Kay-ray-mau-nee—Walking Turtle,

Kaish-kee-pay-kaw,

Ni-si-wau-roosh-kaw—the Bear,

Kau-kau-saw-kaw,

Maun-tsho-nig-eo-nig—Little White Bear,

Watsh-hat-a-kaw—Big Canoe,

Mau-war-ray-kaw,

Kee-mau-sum-mah,

Wau-wolsh-ah-hay-kaw—Sharp Thunder,

Waw-tsho-zhoo-kaw—the Leader,

Wau-koun-tsha-nee-kaw—Deaf Thunder,

Chah-wau-saip-kaw—Black Eagle,

Saun-tshah-mau-nee,

Maunee-hat-a-kaw—Big Walker,

Kaish-kee-pay-kaw.

In presence of Charles S. Hempstead, Sec. to the Commission. Joseph M. Street, Indian Agent. Thomas Forsyth, Indian Agent Alex. Wolcott, Indian Agent. John H. Kenzie, Sub. Ag’t Indian Affairs. Z. Taylor, Lt. Col. U. S. Army. H. Dodge. A. Hill. Henry Gratiot. Wm. Branmont, Surgeon U. S. Army. G. W. Garey, Lt. 1st Inf. Richard Gentry. James Turney. Richard H. Boll. John W. Johnson. W. M. Read. G. W. Kennedy. R. Holmes, U. S. A. J. B. Dallam. J. R. B. Gardiner, Lt. 1st U. S. Infantry. Ch. Chouteau. John Messersmilh. John L. Chastain. Win. P. Smith. Charles H. Henshaw. James B. Estis. Jesse Benton, Jr. Jacob Hamilton. John Quaill. John Garland, Major U. S. Army. Henry Cross le. Jno. L. Bogardus. B. B. Karcheval. Luther Gleason. Pierre Paquet, Winnebago Interpreter at Treaty. J. Palen. Jaque Mettez. Antoine Le Claire. Juge. M. Brisbois.

To the Indian names are subjoined marks.

Aug. 3, 1829 Agreement 7 Stat. 326 ARTICLES OF AGREEMENT

Aug. 3, 1829.

Proclamation, Jan. 2, 1830.

Made between John, M’Elvain, thereto specially authorised by the President of the United States, and the band of Delaware Indians, upon the Sandusky River, in the Stale of Ohio, for the cession of a certain reservation of land in the said State.

ARTICLE I.

Certain land ceded to U. S.

The said band of Delaware Indians cede to the United States the tract of three miles square, adjoining the Wyandot reservation upon the Sandusky river, reserved for their use by the treaty of the Rapids of the Maumee, concluded between the United States and the Wyandots, Seneca, Delaware, Shawanees, Potawatamies, Ottawas, and Chippiwa tribes of Indians, on the twenty-ninth day of September, in the year of our

Ante, p. 160.

Lord one thousand eight hundred and seventeen, and the said tribe of Delawares engage to remove to and join their nation on the west side of the Mississippi, on the land allotted to them, on or before the first day of January next, at which time peaceable possession of said reservation is to be given to the United States.

ARTICLE II.

Consideration therefor.

In consideration of the stipulations aforesaid, it is agreed, that the United States shall pay to the said band the sum of three thousand dollars: two thousand dollars in hand, the receipt of which is hereby acknowledged by the undersigned Chiefs of said tribe, and the remaining balance of one thousand dollars to be appropriated to the purchase of horses, clothing, provisions, and other usefull articles, to aid them on their journey so soon as they are prepared to remove.

In witness whereof, the said John M’Elvain, and the Chiefs of the said band, have hereunto set their hands and seals at Little Sandusky, in the State of Ohio, this third day of August, in the year of our Lord one thousand eight hundred and twenty-nine.

JOHN M’ELVAIN.

Captain Pipe,

William Matacur,

Captain Wolf,

Eli Pipe,

Solomon Joneycake,

Joseph Armstrong,

George Williams.

In presence of Nathaniel M’Lean, Cornelius Wilson, H. Barrett.

To the Indian names are subjoined a mark and seal.

326

Sept. 24, 1829 Supplementary 7 Stat. 327 SUPPLEMENTARY ARTICLE

Sept. 24, 1829.

Proclamation, March 24, 1831.

Ante, p. 188.

To the Delaware Treaty, concluded at St. Mary’s in the State of Ohio, on the 3d of October, 1818.

Whereas the foregoing Treaty stipulates that the United States shall provide for the Delaware Nation, a country to reside in, West of the Mississippi, as the permanent residence of their Nation; and whereas the said Delaware Nation, are now willing to remove, on the following conditions, from the country on James’ fork of White river in the State of Missouri, to the Country selected in the fork of the Kansas and Missouri River, as recommended by the government, for the permanent residence of the whole Delaware Nation; it is hereby agreed upon by the parties, that the country in the fork of the Kansas and Missouri Rivers, extending up the Kansas River, to the Kansas Line, and up the Missouri River to Camp Leavenworth, and thence by a line drawn Westwardly, leaving a space ten miles wide, north of the Kansas boundary line, for an outlet; shall be conveyed and forever secured by the United States, to the said Delaware Mation, as their permanent residence: And the United States hereby pledges the faith of the govern ment to guarantee to the said Delaware Nation forever, the quiet and peaceable possession and undisturbed enjoyment of the same, against the claims and assaults of all and every other people whatever.

And the United States hereby agrees to furnish the Delaware Nation

Horses, wagons, &c. to be furnished for Delawares.

with forty horses, to be given to their poor and destitute people, and the use of six waggons and ox-teams, to assist the nation in removing their heavy articles to their permanent home; and to supply them with all necessary farming utensils and tools necessary for building houses, &c. and to supply them with provisions on their journey, and with one year’s provisions after they get to their permanent residence; and to have a griss and saw mill erected for their use, within two years after their complete removal.

And it is hereby expressly stipulated and agreed upon by the parties,

Additional permanent annuity.

that for and in consideration of the full and entire relinquishment by the Delaware Nation of all claim whatever to the country now occupied by them in the State of Missouri, the United States shall pay to the said Delaware Nation, an additional permanent annuity of one thousand dollars.

And it is further stipulated that thirty-six sections of the best land

Reservation of land for school purposes.

within the limits hereby relinquished, shall be selected under the direction of the President of the United States, and sold for the purpose of raising a fund, to be applied under the direction of the President, to the support of schools for the education of Delaware children.

It is agreed upon by the parties that this supplementary article shall

Country to be explored, &c.

be concluded in part only, at this time, and that a deputation of a Chief, or Warrior, from each town with their Interpreter shall proceed with the Agent to explore the country more fully, and if they approve of said country, to sign their names under ours, which shall be considered as finally concluded on our part; and after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof the United States Indian Agent, and the Chiefs and Warriors of the Delaware Nation of Indians, have hereunto set 327 328TREATY WITH THE SACS, ETC. 1830.their hands, at Council Camp, on James’ fork of White River, in the State of Missouri, this 24th day of September, in the year of our Lord one thousand eight hundred and twenty-nine.

GEORGE VASHON, U. S. Ind. Agent.

Signed in presence of James Conner, Delaware Interpr. Anthy. Shane, Shawanee Interpr.

Wm. Anderson, principal Chief,

Capt Paterson, 2nd Chief,

Pooshies, or the Cat,

Capt. Suwaunock, Whiteman,

Jonny Quick,

John Gray,

George Guirty,

Capt. Beaver,

Naunotetauxien,

Little Jack,

Capt. Pipe,

Big Island.

These last six Chiefs and Warriors having been deputed to examine the Country, have approved of it, and signed their names at Council Camp in the fork of the Kansas and Missouri river, on the 19th October 1829.

Nauochccaupauc,

Nungailautone,

James Gray,

Sam Street,

Aupaneek,

Outhteekawshaweat.

In presence of Anthy. Shane, Interpr. James Conner, Interpr. Baptiste Peoria, Interpr.

To the Indian names are subjoined marks.

I hereby certify the above to be a true copy from the original in my possession.

GEO. VASHON, U. S. Ind. Agent.

Indian Agency, near Kansas River, 24th October, 1829.

July 15, 1830 Treaty 7 Stat. 328 ARTICLES OF A TREATY

July 15, 1830.

Proclamation, Feb. 24, 1831.

Made and concluded by William Clark Superintendent of Indian Affairs and Willoughby Morgan, Col. of the United States 1st Regt. Infantry, Commissioners on behalf of the United States on the one part, and the undersigned Deputations of the Confederated Tribes of the Sacs and Foxes; the Medawah-Kanton, Wahpacoota, Wahpeton and Sissetong Bands or Tribes of Sioux; the Omahas, loways, Ottoes and Missourias on the other part.

The said Tribes being anxious to remove all causes which may here after create any unfriendly feeling between them, and being also anxious to provide other sources for supplying their wants besides those of hunting, which they are sensible must soon entirly fail them; agree with the United States on the following Articles.

Cession of lands.

Article I. The said Tribes cede and relinquish to the United States forever all their right and title to the lands lying within the following boundaries, to wit: Beginning at t he upper fork of the Demoine River, and passing the sources of the Little Sioux, and Floyds Rivers, to the fork of the first creek which falls into the Big Sioux or Calumet on the east side; thence, down said creek, and Calumet River to the Missouri River; thence down said Missouri River to the Missouri State line, above the Kansas; thence along said line to the north west corner of the said State, thence to the high lands between the waters falling into 329the Missouri and Desmoines, passing to said high lands along the dividing ridge between the forks of the Grand River; thence along said high lands or ridge separating the waters of the Missouri from those of the Demoine, to a point opposite the source of Boyer River, and thence in a direct line to the upper fork of the Demoine, the place of beginning. But it is understood that the lands ceded and relinquished by

Purposes to which the lands are to be applied.

this Treaty, arc to be assigned and allotted under the direction of the President of the United States, to the Tribes now living thereon, or to such other Tribes as the President may locate thereon for hunting, and other purposes.

Article II. The confederated Tribes of the Sacs and Foxes, cede

Cession by the Sacs and Foxes.

and relinquish to the United States forever, a tract of Country twenty miles in width, from the Mississippi to the Demoine; situate south, and adjoining the line between the said confederated Tribes of Sacs and Foxes, and the Sioux; as established by the second article of the Treaty of Prairie du Chien of the nineteenth of August one thousand eight hundred and twenty-five.

Article III. The Med aw ah-Kan ton, Wah-pa-coota, Wahpeton and

Cession by the Medawah-Kan-ton, &c.

Sisseton Bands of the Sioux cede and relinquish to the United States forever, a Tract of Country twenty miles in width, from the Mississippi to the Demoine River, situate north, and adjoining the line mentioned in the preceding article.

Article IV. In consideration of the cessions and relinquishments

Consideration.

made in the first, second, and third articles of this Treaty, the United States agree to pay to the Sacs, three thousand dollars,—and to the

Annuities.

Foxes three thousand dollars; To the Sioux of the Mississippi two thousand dollars;—To the Yancton and Santie Bands of Sioux three thousand dollars;—To the Omahas, two thousand five hundred dollars;—To the Ioways two thousand five hundred dollars;—To the Ottoes and Missourias two thousand five hundred dollars, and to the Sacs of the Missouri River five hundred dollars; to be paid annually for ten successive years at such place, or places on the Mississippi or Missouri, as may be most convenient to said Tribes, either in money, merchandize, or domestic animals, at their option; and when said annuities or any portion of them shall be paid in merchandize, the same is to be delivered to them at the first cost of the goods at St. Louis free of transportation. And the United States further agree to make to the said Tribes and

Further allowances.

Bands, the following allowances for the period of ten years, and as long thereafter as the President of the United States may think necessary and proper, in addition to the sums herein before stipulated to be paid them; that is to say; To the Bands of the Sioux mentioned in the third article, one Blacksmith at the expense of the United States, and the necessary tools; also instruments for agricultural purposes, and iron and steel to the amount of seven hundred dollars;—To the Yancton and Santie Bands of Sioux, one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of four hundred dollars; To the Omahas one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of five hundred dollars;—To the Ioways an assistant Blacksmith at the expense of the United States, also instruments for agricultural purposes to the amount of six hundred dollars; To the Ottoes and Missourias one Blacksmith at the expense of the United States, and the necessary tools, also instruments for agricultural purposes to the amount of five hundred dollars; and to the Sacs of the Missouri River, one Blacksmith at the expense of the United States and the necessary tools; also instruments for agricultural purposes to the amount of two hundred dollars.

330

Annuity for education.

Article V. And the United States further agree to set apart three thousand dollars annually for ten successive years, to be applied in the discretion of the President of the United States, to the education of the children of the said Tribes and Bands, parties hereto.

Yancton and Santie bands.

Article VI. The Yauckton and Santie Bands of the Sioux not being fully represented, it is agreed, that if they shall sign this Treaty, they shall be considered as parties thereto, and bound by all its stipulations.

Lines to be run.

Article VII. It is agreed between the parties hereto, that the lines shall be run, and marked as soon as the President of the United States may deem it expedient.

Earnest.

Art. VIII. The United States agree to distribute between the several Tribes, parties hereto, five thousand, one hundred and thirty-two dollars worth of merchandize, the receipt whereof, the said Tribes hereby acknowledge; which, together with the amounts agreed to be paid, and the allowances in the fourth and fifth articles of this Treaty, shall be considered as a full compensation for the cession and relinquishments herein made.

Reservation for Sioux half-breeds.

Article IX. The Sioux Bands in Council having earnestly solicited that they might have permission to bestow upon the half breeds of their Nation, the tract of land within the following limits, to wit: Beginning at a place called the barn, below and near the village of the Red Wing Chief, and running back fifteen miles; thence in a parallel line with Lake Pepin and the Mississippi, about thirty-two miles to a point opposite Beef or O-Boenf River; thence fifteen miles to the Grand Encampment opposite the River aforesaid; The United States agree to suffer said half Breeds to occupy said tract of country; they holding by the same title, and in the same manner that other Indian Titles are held.

Reservation for other half-breeds.

Article X. The Omahas, Io ways and Ottoes, for themselves, and in behalf of the Yanckton and Santie Bands of Sioux, having earnestly requested that they might be permitted to make some provision for their half-breeds, and particularly that they might bestow upon them the tract of country within the following limits, to wit; Beginning at the mouth of the Little Ne-mohaw River, and running up the main channel of said River to a point which will be ten miles from its mouth in a direct line; from thence in a direct line, to strike the Grand Ne-mohaw ten miles above its mouth, in a direct line (the distance between the two Ne-mohaws being about twenty miles)—thence down said River to its mouth; thence up, and with the Meanders of the Missouri River to the point of beginning, it is agreed that the half-breeds of said Tribes and Bands may be suffered to occupy said tract of land; holding it in the same manner, and by the same title that other Indian titles are held: but the President of the United States may hereafter assign to any of the said half-breeds, to be held by him or them in fee simple, any portion of said tract not exceeding a section, of six hundred and forty acres to each individual. And this provision shall extend to the cession made by the Sioux in the preceding Article.

Annuity to Ottoes, from Omahas, &c.

Article XI. The reservation of land mentioned in the preceding Article having belonged to the Ottoes, and having been exclusively ceded by them; it is agreed that the Omahas, the Ioways and the Yanckton and Santie Bands of Sioux shall pay out of their annuities to the said Ottoe Tribe, for the period of ten years, Three hundred Dollars annually; of which sum the Omahas shall pay one hundred Dollars, the Ioways one hundred Dollars, and the Yanckton and Santie Bands one hundred dollars.

331

Article XII. It is agreed that nothing contained in the foregoing

Saving of rights of the tribes.

Articles shall be so construed as to affect any claim, or right in common, which has heretofore been held by any Tribes, parties to this Treaty, to any lands not embraced in the cession herein made; but that the same shall be occupied and held by them as heretofore.

Article XIII. This Treaty, or any part thereof, shall take effect,

Treaty binding when ratified.

and be obligatory upon the Contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

Done and Signed and Sealed at Prairie du Chien in the Territory of Michigan, this fifteenth day of July, in the year of our Lord one thousand eight hundred and thirty, and of the Independence of the United States, the fifty-fifth.

$\begin{matrix} \end{matrix}$

$\begin{matrix} WM. CLARK, Su. In. Affairs & \\ WILLOUGHBY MORGAN, Col. 1st Inft. U. S. A. \end{matrix}} Commissioners.$

Sacs.

Masb-que-tai-paw, or Red-Head,

Sheco-Calawko, or Turtle-Shell,

Kee-o-cuck, the Watchful Fox,

Poi-o-tahit, one that has no heart,

Os-hays-kee, Ridge,

Shc-shee-quanince, Little Gourd,

O-saw-wish-catioe, Yellow Bird,

Lonin,

Am-oway,

Niniwow-qua-saut, He that fears mankind,

Chaukec Manitou, the Little Spirit,

Moso-inn, the Scalp,

Wapaw-chicannuck, Fish of the White Marsh,

Mesico, Jic.

Foxes.

Wapalaw, the Prince,

Taweemin, Strawberry,

Pasha-sakay, son of Piemanschie,

Kecewausette, no who climbs every where,

Naw-mee

Appenioce, or the Grand Child,

Waytec-mins,

Nawayaw-cosi,

Manquo-pwam, the Boar’s hip, (Morgan.)

Kaw-Kaw-Kee, the Crow,

Mawcawtay-ce-quoiquenake, Black Neck,

Watu-pawnonsh,

Meshaw-nuaw-peetay, the Large teeth,

Mussaw-wawquott.

Sioux of the Mississippi, Medawdkanton Band.

Wabishaw or Red Leaf,

Tchataqua Manie, or Little Crow,

Waumunde-tunkar, the Great Calumet Eagle,

Taco-coqui-pishnee, he that fears nothing,

Wah-coo-ta, that shoots arrows,

Pay-law whar, the fire owner,

Kaugh Mohr, the Floating Log,

Etarz-o-pah, the Bow,

Teeah coots, one that fires at the yellow,

Toh-kiah-taw-kaw, ho who bites the enemy,

Nasiumpah, or the Early Riser,

Am-pa-ta-tah Wall, His Day,

Wah-kee-ah-tunkar, Big Thunder,

Tauchaw-cadoota, the Red Road,

Tchaws-kesky, the Elder,

Mauzau-hautau, the Grey Iron,

Wazee-o-monie, the Walking Pine,

Tachaw-cooash-tay, the Good Road,

Kie-ank-kaw, the Mountain,

Mah-peau-mansaw, Iron Cloud,

E-taych-o-caw, Half Face,

Anoug-genaje, one that stands on both sides,

Hough-awppaw, the Eagle Head,

Hooka-mooza, the Iron Limb,

Hoatch-ub-cadoola, the Red Voice,

Wat-chu-da, the Dancer.

Wah-pah-coofa Band.

Wiarh-noh-ha, French Crow,

Shans-konar, Moving Shadow,

Ah-pe-hatar, the Grey Mane,

Wahmedecaw-cahn-bohr, one that prays for the land.

Wah-con-de-kah-har, the one that makes the lightning,

Mazo-manie, or the Iron that Walks,

Mah-kah-ke-a-munch, one that flies on Cawkec-Kamack, always Fish,

Mauzau-haut-a-mundee, the Walking Bell

Kah-hih, the Menominie.

Sussiton Bond.

Ete-tahken-bah, the Sleepy Eyes,

Ho-toh-monie, groans when he walks.

Omahahs.

Opau-tauga, or the Big Elk,

Chonques-kaw, the White Horse,

Tessan, the White Cow,

Ishtan-mauzay, Iron-Eye, Chiefs Son,

Waw-shin-ga-sau-bais, Black Bird,

332

Waugh-pay-shan, the one who scalps but a small pt. from the crown of the head,

Au-guim-an, the Chief,

Age-en-gaw, the Wing,

Non-ban-manie, the one that walks double,

Way-cosh-ton, the frequent feast giver,

Eh-que-naus-hus-kay, the second,

Iosey, (the son of Kawsay.)

Ioways

Wassau-nie, or the Medicine Club,

Mauboos Kan, White Cloud,

Wo-hoompee, the broth,

Tah-roh-ha, a good many deer,

Wa-nau-quash-coonie, without fear,

Pah-a-manie, one who walks on the snow,

Pie-kan-ha-igne, the Little Star,

Niayoo Manie, Walking Rain,

Nautah-hoo Burnt-wood,

Pai-tansa, the White Crane.

Ottoes.

I-atan, or Shaumanie-Cassan, or Prairie Wolf,

Mebah-hun-jee, Second Daughter,

Wawronesan, the Encircler,

Kansau-tauga, the Big Kansas,

Noo-kee-sa-kay, strikes two,

Tchai-au-grai, the Shield,

Manto-igne, the Little Bow,

Thee-rai-tchai-neehgrai, Wolf-tail at the heel,

Oh-haw-kee-wano, that runs on the hills,

Rai-grai-a, Speckled Turtle,

Tchai-wah-tchee-ray, going by,

Krai-taunica, the Hawk,

Mauto-a Kee-pah, that meets the bear,

Kai-wan-igue, Little Turtle.

Missourias.

Eh-shaw-manie, or the one who walks laughing,

Ohaw-tchee-Ke-Sakay, one who strikes the Little Osages,

Wamshe-Katou-nat, the Great Man,

Shoug-resh-Kay, the Horse Fly,

Tahmegrai-Soo-igne, Little Deer’s dung.

Missouri Sacs.

Sau-kis-quoi-pee,

She-she-quene, the Gourd,

Nochewai-tasay,

Mash-quaw-Siais,

Nawai-yak-oosee,

Wee-tay-main, one that goes with the rest

The assent of the Yanckton and Santie Bands of Sioux-, to the foregoing Treaty is given. In testimony whereof, the Chiefs, Braves, and principal men of said Bands have hereunto signed their names and acknowledge the same, at St. Louis, this 13th October, 1830.

Yancton and Santie Bands of Siouxs,

Matto-Sa-Becha, the Black Bear,

Pa-con-okra,

Citta-eutapishna, he who dont eat Buffalo,

To-ki-e-ton, the Stone with Horns,

Cha-pon-ka, or Musquitoe,

To-ki-mar-ne, he that walks ahead,

Wock-ta-ken-dee, kills and comes back,

Ha Sazza,

Chigga Wah-shu-she, Little Brave,

Wah-gho-num-pa, Cotton wood on the Neck,

Zuyesaw, Warrior,

Tokun Ohomenee, Revolving Stone,

Eta-ga-nush-kica, Mad Face,

Womendee Dooter, Red War Eagle,

Mucpea A-har-ka, Cloud Elk,

To-ka-oh, Wounds the Enemy,

Pd-ta sun eta womper. White Buffaloo with two faces,

Cha-tun-kia, Sparrow Hawk,

Ke-un-chun-ko, Swift Flyer,

Ti-ha-uhar, he that carries his horn,

Sin-ta-nomper, Two Tails,

Wo-con Cashtaka, the whipt spirit,

Ta Shena-pater, Fiery Blanket.

In presence of Jno. Roland, Secy to the Commrs. Jon. L. Bean, S. Agt. Law Taliaferro, Ind. Agent at St. Peters, R. B. Mason, Capt. 1st Inft. G. Loomis, Capt. 1st Inft. James Peterson, Lt. & Adjt. H. B. M. 33d Regt. N. S. Harris, Lt. & Adjt. Regt. U. S. Inft. Henry Bainbridge, Lt. U. S. Army. John Gale, Surg. U. S. A. J. Archer, Lt. U. S. A. J. Daugherty, Ind. Ag. Thos. A. Davies, Lt. Inf. Wm. S. Williamson, Sub Ind. Agent. And. S. Hughes, Sub Ind. Agent A. G. Baldwin, Lt. 3d Inf. David D. Mitchell. IL L. Donsman. Pynkoop Warner. Geo. Davenport. Wm. Hempstead. Benjamin Mills. Wm. H. Warfield, Lt. 3d Infty. Sam. R. Throokmoor. John Connelly. Amos Farror. Antoine Le Claire, Int’r of Sacks and Fox. Stephen Julian, U. S. Interp. Jacques Mette, Int. Michel Berda, Mchow Inter. S. Campbell, U. S. Interpreter.

Witnesses to tho signatures of the Yancton nnd Santie Bands of Sioux, at Fort Tecumseh, Upper Missouri, on the fourth day of September, 1830,—Wm. Gofdon, James Archdale Hamilton, David D. Mitchell, Wm. Saidlau, Jacob Halsey.

Witnesses present at tho signing and acknowledgment of the Yanckton and Sentie Deputations, Jno. Ruland, Sec’y to Comm’rs. Jon. L. Bean, Sub Ind. Ag’t for Upper Missouri. Felix F. Wain, Ind. Ag’t for Sacs and Foxes. John F. A. Sanford, U. S. S. Ind. Ag. William C. Heyward, U. S. Army. D. J. Royster, U. S. Inft. Samuel Kinney, U. S. A. Merewether Lewis Clarke, 6th Regt. Infantry. Jacques Mette.

To the Indian names are subjoined marks.

Sept. 27, 1830 Treaty 7 Stat. 333 A TREATY OF PERPETUAL FRIENDSHIP, CESSION AND LIMITS,

Sept. 27, 1830.

Proclamation, Feb. 21, 1831.

Entered into by John H. Eaton and John Coffee, for and in behalf of the Government of the United States,and the Mingoes, Chiefs, Captains and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of September, in the year eighteen hundred and thirty.

Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same,and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty:(*) * This paragraph was not ratified.

Article I. Perpetual peace and friendship is pledged and agreed

Peace and friendship.

upon by and between the United States and the Mingoes, Chiefs, and Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void.

Article II. The United States under a grant specially to be made

Country to be conveyed to Choctaws.

by the President of the U. S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the scource of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified.

Article III. In consideration of the provisions contained in the

Country ceded to U. S.

several articles of this Treaty, the Choctaw nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to remove beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes.

Article IV. The Government and people of the United States are Self-government secured to Choctaws. hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may 333 334TREATY WITH THE CHOCTAWS. 1830.be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the U. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. But the Choctaws, should this Treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their nation, and infringe any of their national regulations.

U.S. to protect Choctaws, &c.

Article V. The United States are obliged to protect the Choctaws from domestic strife and from forieghn enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U. S. for defence or for wrongs committed by an enemy, on a citizen of the U. S. shall be equally binding in favour of the Choctaws, and in all cases where the Choctaws shall be Called upon by a legally authorized officer of the U. S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U. S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U. S, unless it be in self defence against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U. S. are advised thereof.

Offences against citizens of U. S., &c.

Article VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U. S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U. S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U. S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender.

Offences against Choctaws.

Article VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U. S. or neighbouring Tribes of Red People, shall be reffered to some authorized Agent by him to be reffered to the President of the U. S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation.

Delivery of offenders.

Article VIII. Offenders against the laws of the U. S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U. S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States.

Persons ordered from the nation, &c.

Article IX. Any citizen of the U. S. who may be ordered from the Nation by the Agent and constituted authorities of the Nation and refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U. S. in such cases. Citizens of the U. S. travelling peaceably under the authority of the laws of the U. S. shall be under the care and protection of the nation.

335

Article X. No person shall expose goods or other article for sale as

Traders to re quire a written permit.

a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U, S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U. S. shall be particularly obliged to assist to prevent ardent spirits from being in troduced into the Nation.

Article XI. Navigable streams shall be free to the Choctaws who

Navigable streams, post offices, and military posts.

shall pay no higher toll or duty than citizens of the U. S. It is agreed further that the U. S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.

Article XII. All intruders shall be removed from the Choctaw

Intruders.

Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightfull owner. If an Indian unlawfully take or

Theft.

steal any property from a white man a citizen of the U. S. the offender shall lie punished. And if a white man unlawfully take or steal any thing from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offence against the laws of the U. S. if unable to employ counsel to defend him, the U. S. will do it, that his trial may be fair and impartial.

Article XIII. It is consented that a qualified Agent shall be appointed

Agent.

for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of the people; and in the selection of an Agent immediately after the ratification of this Treaty, the wishes of the Choctaw Nation on the subject shall be entitled to great respect.

Article XIV. Each Choctaw head of a family being desirous to

Choctaws wishing to become citizens of U. S.

1837, ch. 39.

1838, ch. 13.

1842, ch. 187.

remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the priviledge of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.

Article XV. To each of the Chiefs in the Choctaw Nation (to wit)

Reservations for chiefs.

Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors

Annuities.

in office there shall be paid two hundred and fifty dollars annu-336ally while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dollars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think propper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually fur his services five hundred dollars, which allowance to the Chiefs and their successors in

Pay of chiefs, &c.

office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U. S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, with each a good suit of clothes and a broad sword as an outfit, and for four years commencing with the first of their removal, shall each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U. S. shall receive the pay of a captain.

Removal of Indians.

Article XVI. In waggons; and with steam boats as may be found necessary—the U. S. agree to remove the Indians to their new homes at their expense and under the care of discreet and carefull persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes.

Cattle.

It is agreed further that the U. S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply the demand may be afforded.

Annuities under former treatise.

Article XVII.

The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made.

Further annuity.

And it is further agreed that the U. S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty.

Survey of ceded lands, &c.

Art. XVIII. The U. S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting themselves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or the lands to be sold before the Choctaws shall remove. And for the payment of the several amounts secured in this Treaty, the lands hereby ceded are to remain a fund pledged to that purpose, until the debt shall be provided for and arranged. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favourably towards the Choctaws.

Reservations of land, for—

Article XIX.

The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land.

337

To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn,

Certain individual.

Charles Juzan, Johokebetubbe, Eaychahobia, Ofehonia, two sections, each to include their improvements, and to be bounded by sectional lines, and the same may be disposed of and sold with the consent of the President. And that others not provided for, may be provided for, there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty in

Heads of families.

1842, ch. 187.

number, who during the present year, may have had in actual cultivation, with a dwelling house thereon fifty acres or more. Secondly, three quarter sections after the manner aforesaid to each bead of a family not exceeding four hundred and sixty, as shall have cultivated thirty acres and less than fifty, to be bounded by quarter section lines of survey, and to be contiguous and adjoining. Third; One half section as aforesaid to those who shall have cultivated from twenty to thirty acres the number not to exceed four hundred. Fourth; a quarter section as aforesaid to such as shall have cultivated from twelve to twenty acres, the number not to exceed three hundred and fifty, and one half that quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed three hundred and fifty persons. Each of said class of cases shall be subject to the limitations contained in the first class, and shall be so located as to include that part of the improvement which contains the dwelling house. If a greater number shall be found to be entitled to reservations under the several classes of this article, than is stipulated for under the limitation prescribed, then and in that case the Chiefs separately or together shall determine the persons who shall be excluded in the respective districts. Fifth; Any Captain the number not exceeding ninety persons, who

Captains.

1842, ch. 187.

under the provisions of this article shall receive less than a section, he shall be entitled, to an additional quantity of half a section adjoining to his other reservation. The several reservations secured under this article, may be sold with the consent of the President of the U. S. but should any prefer it, or omit to take a reservation for the quantity he may be entitled to, the U. S. will on his removing pay fifty cents an acre, after reaching their new homes, provided that before the first of January next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it. Sixth; likewise

Orphans.

children of the Choctaw Nation residing in the Nation, who have neither father nor mother a list of which, with satisfactory proof of Parentage and orphanage being filed with Agent in six months to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial purpose for the benefit of said orphans.

Article XX. The U. S. agree and stipulate as follows, that for the

Stipulations by U. S. for the benefit of the Choctaws.

benefit and advantage of the Choctaw people, and to improve their condition, their shall be educated under the direction of the President and at the expense of the U. S. forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education others, to supply their places shall be received for the period stated. The U. S. agree also to erect a Council House for the Nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the three Districts, to be used also as school houses, until the Nation may conclude-to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths one 338for each district for sixteen years, and a qualified Mill Wright for five years; Also there shall be furnished the following articles, twenty-one hundred blankets, to each warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall also be furnished, one ton of iron and two hundred weight of steel annually to each District for sixteen years.

Annuity to certain old warriors.

Article XXI.

A few Choctaw Warriors yet survive who marched and fought in the army with General Wayne, the whole number stated not to exceed twenty.

These it is agreed shall hereafter, while they live, receive twenty-five dollars a year; a list of them to be early as practicable, and within six months, made out, and presented to the Agent, to be forwarded to the War Department.

Delegate to Congress.

Article XXII. The Chiefs of the Choctaws who have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The Commissioners do not feel that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of, and decide the application.

Done, and signed, and executed by the Commissioners of the United States, and the Chiefs, Captains and Head Men of the Choctaw Nation at Dancing Rabbit Creek, this 27th day of September, eighteen hundred and thirty.

JNO. H. EATON, JNO. COFFEE.

Greenwood Leflore,

Musholatubbee,

Nittucachee,

Eyarhocultubbee,

Iyacherhopia,

Offahoomah,

Archalater,

Onnahubbee,

Holarterhoomab,

Hopiaunchahubbee,

Zishomingo,

Captainthalke,

James Shield,

Pistiyubbee,

Yobalarunehahubboe,

Holubbee,

Robert Cole,

Mokelareharhopin,

Lewis Perry,

Artonamarstubbee,

Hopeatubbee,

Hoshahoomah,

Chuallahoomah,

Joseph Kincaide,

Artooklubbetushpar,

Metubbee,

Arsarkatubbee,

Issaterhoomah,

Chobtahmatahah,

Tunnuppaahubbee,

Okecharyer,

Hoshhopia,

Warsharshahopia,

Maarshunchabubbec,

Misharyubbee,

Daniel McCurtain,

Tushkcrharcho,

Hoktoontubbee,

Nuknacraltookmarhee,

Mingo boomah,

Pisinhocuttubbee,

Tullarhacher,

Little leader,

Maanhutter,

Cowehoomah,

Tillamoer,

Imnullacha,

Artopilachubbee,

Shupherunchahubbee,

Nillerhoomab,

Oaklaryubbee,

Pukumna,

Arpalar,

Holber,

Hoparmingo,

Isparhoomah,

Tieherhoomao,

Tishoholarter,

Mahayarchubbee,

Arlarter,

Nittahubbee,

Tisbonouan,

339

Warsharchahoomab,

Isaac James,

Hopiaintushker,

Aryoshkermer,

Shemotar,

Hopiaisketina,

Thomas Leflore,

Arnokechatubbe,

John McKelbery,

Shokopebukna,

Posherhoomah,

Robert Folsom,

Atharyotubbce,

Cushonolarter,

James Vaughan,

James Karnes,

Tishohakubbee,

Narlanolar,

Pennasha,

Inbaryarker,

Morubbee,

Narharyubbee,

Ishmaryubbee,

James McKing,

Lewis Wilson,

Ishtonarkerharcho,

Hohinshamartarher,

Kinsulachubbee,

Emarbinstubee,

Gysalndalra, bm.

Thomas Wall,

Sam. S. Worcester,

Jacob Folsom,

William Foster,

Ontioerharcho,

Hugh A. Foster,

Pierre Juzar,

Jno. Pitchlynn, jr.

David Folsom,

Sholohommastube,

Tesho,

Lauwechubee,

Hoshebammo,

Ofenowo,

Ahekoche,

Kaloshoube,

Atoko,

Ishtemeleche,

Emthtohabe,

Silas D. Fisher

Isaac Folsom,

Hekatube,

Hakscche,

Jerry Carney,

John Washington,

Phiplip,

Meshameye,

Ishtcheka,

Heshohomme,

Benjamin James,

Tikbachahambe,

Aholiktube,

Walking Wolf,

John Waide,

Big Axe.

Bob,

Tushkochaubbee,

Ittabe,

Tishowakayo,

Folehommo,

John Garland,

Koshona,

Ishleyohamube,

Oklanowa,

Neto,

James Fletcher

Silus D. Pitchlynn,

William Trahorn,

Toshkahemimitto,

Tethetayo,

Emokloshahopie,

Tishoimita,

Thomas W. Foster,

Zadoc Brashears,

Levi Perkins,

Isaac Perry,

Ishlonocka Hoomah,

Hiram King,

Ogla Enlah,

Nultlahtubbce,

Tuska Hollattuh,

Panshsstubbee,

P. P. Pitchlym,

Joel H. Nail,

Hopia Stonakey,

Kochoomma,

William Wade,

Panshstickubbee,

Holittankchahubbe,

Kolhoantchahubbe,

Eyarpulubbe,

Okentabubbe,

Living War Club,

John Jones,

Charles Jones,

Isaac Jones,

Hocklucha,

Muscogee,

Eden Nelson.

In presence of E. Breathitt, Secretary to the Commissioners. William Ward, Agent for Choctaws. John Pitchlyn, United States Interpreter. M. Mackey, United States Interpreter. Geo. S. Gaines, of Alabama. R. P. Currin. Luke Howard. Sam. S. Worcester. Jno. N. Byrn. John Bell. Jno. Bond.

To the Indian names are subjoined marks.

Sept. 23, 1830 Supplementary 7 Stat. 340 340 SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY.

Sept. 23, 1830.

Various Choctaw persons have been presented by the Chiefs of the nation, with a desire that they might be provided for. Being particularly deserving, an earnestness has been manifested that provision might be made for them. It is therefore by the undersigned commissioners here assented to,with the understanding that they are to have no interest in the reservations which are directed and provided for under the general Treaty to which this is a supplement.

As evidence of the liberal and kind feelings of the President and Government of the United States the Commissioners agree to the request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore and Allen Yales and wife shall be entitled to a reservation of two sections of land each to include their improvement where they at present reside, with the exception of the three first named persons andBenjamin Laflore, who are authorized to locate one of their sections on any other unimproved and unoccupied land, within their respective districts.

Reservations.

Article II.

And to each of the following persons there is allowed a reservation of a section and a half of land, (to wit) James L. McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner Brashears, the two first named persons, may locate one section each, and one section jointly on any unimproved and unoccupied land, these not residing in the Nation; The others are to include their present residence and improvement.

Also one section is allowed to the following persons (to wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire sections to include their present residence and improvement, with the exception of Molly Nail and Susan Colbert, who are authorized to locate theirs, on any unimproved unoccupied land.

John Pitchlynn has long and faithfully served the nation in character of U. States Interpreter, he has acted as such for forty years, in consideration it is agreed, in addition to what has been done for him there shall be granted to two of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land each, to adjoin the location of their father; likewise to James Madison and Peter sons of Mushulatubbee one section of land each to include the old house and improvement where their father formerly lived on the old military road adjoining a large Prerarie.

And to Henry Groves son of the Chief Natticache there is one section of land given to adjoin his father’s land.

And to each of the following persons half a section of land is granted on any unoccupied and unimproved lands in the Districts where they respectively live (to wit) Willis Harkins, James D. Hamilton, William Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel Worcester, George Hunter, William Train, Robert Nail and Alexander McKee.

And there is given a quarter section of land each to Delila and her five fatherless children, she being a Choctaw woman residing out of the 341nation; also the same quantity to Peggy Trihan,another Indian woman residing out of the nation and her two fatherless children; and to the widows of Pushmil aha, and Pucktshenubbee, who were formerly distinguished Chiefs of the nation and for their children four quarter sections of land, each in trust for themselves and their children.

All of said last mentioned reservations are to be located under and by direction of the President of the U. States.

Article III.

The Choctaw people now that they have ceded their

Exploring party.

lands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this fall to ascertain whereabouts will be most advantageous for their people to be located.

It is therefore agreed that three or four persons (from each of the three districts) under the guidance of some discreet and well qualified person or persons may proceed during this fall to the West upon an examination of the country.

For their time and expenses the U. States agree to allow the said twelve persons two dollars a day each, not to exceed one hundred days, which is deemed to be ample time to make an examination.

If necessary, pilots acquainted with the country will be furnished when they arrive in the West.

Article IV.

John Donly of Alabama who has several Choctaw grand

Reservation.

children, and who for twenty years has carried the mail through the Choctaw Nation, a desire by the Chiefs is expressed that he may have a section of land, it is accordingly granted, to be located in one entire section, on any unimproved and unoccupied land.

Allen Glover and George S. Gaines licensed Traders in the Choctaw

Debts to Glover and Gaines.

Nation, have accounts amounting to upwards of nine thousand dollars against the Indians who are unable to pay their said debts without distressing their families; a desire is expressed by the Chiefs that two sections of land be set apart to be sold and the proceeds thereof to be applied toward the payment of the aforesaid debts. It is agreed that two sections of any unimproved and unoccupied land be granted to George S. Gaines who will sell the same for the best price he can obtain and apply the proceeds thereof to the credit of the Indians on their accounts due to the before mentioned Glover and Gaines; and shall make the application to the poorest Indian first.

At the earnest and particular request of the Chief Greenwood Laflore

Reservation.

there is granted to David Haley one half section of land to be located in a half section on any unoccupied and unimproved land as a compensation, for a journey to Washington City with dispatches to the Government and returning others to the Choctaw Nation.

The foregoing is entered into, as supplemental to the treaty concluded yesterday.

Done at Dancing Rabbit Creek the 28th day of September 1830.

JNO. H. EATON, JNO. COFFEE.

Greenwood Leflore,

Nittucachee,

Musholatubbee,

Ofahoomah,

Eyarhoeullubbee,

Iyacherhopia,

Holubbee,

Onarhubbee,

Robert Cole,

Hopiaunchahubbee,

David Folsom,

John Garland,

Hopiahoomah,

Captainthalko,

Pierre Juzan,

Immarstarher,

Hashimhamartar

342 TREATY WITH THE MENOMONIES. 1831.

In presence of E Breathitt, Secty. to Coms. W. Ward, Agt. for Choctaws. M. Mackey, U. S. Intr. John Pitchlynn, U. S. Intr. R. P. Currin. Jno. W. Byrn. Geo. S. Gaines.

To the Indian names are subjoined marks.

Feb. 8, 1831 Agreement 7 Stat. 342 ARTICLES OF AGREEMENT

Feb. 8, 1831.

Proclamation, July 9, 1832.

Made and concluded at the City of Washington, this eighth day of February, one thousand eight hundred and thirty-one, between John H. Eaton, Secretary of War, and Samuel C. Stambaugh, Indian Agent at Green Bay, specially authorized by the President of the United States, and the undersigned chiefs and head men of the Menomonee nation of Indians, fully authorized and empowered by the said nation, to conclude and settle all matters provided for by this agreement.

The Menomonee Tribe of Indians, by their delegates in council, this day, define the boundaries of their country as follows, to wit;

Boundaries of Menomonee country.

On the east side of Green Bay, Fox river, and Winnebago lake; beginning at the south end of Winnebago lake; thence southeastwardly to the Milwauky or Manawauky river; thence down said river to its mouth at lake Michigan; thence north, along the shore of lake Michigan, to the mouth of Green Bay; thence up Green Bay, Fox river, and Winnebago lake, to the place of beginning. And on the west side of Fox river as follows; beginning at the mouth of Fox river, thence down the east shore of Green bay, and across its mouth, so as to include all the islands of the “Grand Traverse;” thence westerly, on the highlands between the lake Superior and Green bay, to the upper forks of the Menomonee river; thence to the Plover portage of the Wisconsin river; thence up the Wisconsin river, to the Soft Maple river; thence to the source of the Soft Maple river; thence west to the Plume river, which falls into the Chippeway river; thence down said Plume river to its mouth; thence down the Chippeway river thirty miles; thence easterly to the forks of the Manoy river, which falls into the Wisconsin river; thence down the said Manoy river to its mouth; thence down the Wisconsin river to the Wisconsin portage; thence across the said portage to the Fox river; thence down Fox river to its mouth at Green bay, or the place of beginning.

The country described within the above boundaries, the Menomonees claim as the exclusive property of their tribe. Not yet having disposed of any of their lands, they receive no annuities from the United States: whereas their brothers the Pootowottomees on the south, and the Winnebagoes on the west, have sold a great portion of their country, receive large annuities, and are now encroaching upon the lands of the Menomonees. For the purposes, therefore, of establishing the boundaries of their country, and of ceding certain portions of their lands to the United States, in order to secure great and lasting benefits to themselves and posterity, as well as for the purpose of settling the long existing dispute between themselves and the several tribes of the New York Indians, who claim to have purchased a portion of their lands, the undersigned, chiefs and headmen of the Menomonee tribe, stipulate and agree with the United States, as follows:

First. The Menomonee tribe of Indians declare themselves the friends and allies of the United States, under whose parental care and protec-343tion they desire to continue; and although always protesting that they are under no obligation to recognise any claim of the New York Indians to any portion of their country; that they neither sold, nor received any value, for the land claimed by these tribes; yet, at the solicitation of their Great Father, the President of the United States, and as an evidence

Cession of land to U. S. for the benefit of the Now York Indians.

of their love and veneration for him, they agree that such part of the land described, being within the following boundaries, as he may direct, may be set apart as a home to the several tribes of the New York Indians, who may remove to, and settle upon the same, within three years from the date of this agreement, viz: beginning on the west side of Fox river, near the “Little Kackalin,” at a point known as the “Old

Boundaries.

Mill Dam;” thence northwest forty miles; thence northeast to the Oconto creek, falling into Green bay; thence down said Oconto creek to Green bay; thence up and along Green bay and Fox river to the place of beginning; excluding therefrom all private land claims confirmed, and also the following reservation for military purposes; beginning on the Fox river, at the mouth of the first creek above Fort Howard; thence north sixty-four degrees west to Duck creek; thence down said Duck creek to its mouth; thence up and along Green bay and Fox river to the place of beginning. The Menomonee Indians, also reserve, for the use of the United States, from the country herein designated for the New York Indians, timber and firewood for the United States’ garrison, and as much land as may be deemed necessary for public high ways, to be located by the direction, and at the discretion of the President of the United States. The country hereby ceded to the United States, for the benefit of the New York Indians, contains by estimation about five hundred thousand acres, and includes all their improvements on the west side of Fox river. As it is intended for a home for the several tribes of the New York Indians, who may be residing upon the lands at the expiration of three years from this date, and for none others, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to assign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at the time of such apportionment, any lands shall remain unoccupied by any tribe of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting, to be laid off by the President of the United States. It is distinctly understood, that the lands hereby ceded to the United States for the New York Indians, are to be held by those tribes, under such tenure as the Menonomee Indians now hold their lands, subject to such regulations and alteration of tenure, as Congress and the President of the United States shall, from time to time, think proper to adopt.

Second. For the above cession to the United States, for the benefit of

Consideration.

the New York Indians, the United States consent to pay the Menomonee Indians, twenty thousand dollars; five thousand to be paid on the first day of August next, and five thousand annually thereafter; which sums shall be applied to the use of the Menomonees, after such manner as the President of the United States may direct.

Third. The Menomonee tribe of Indians, in consideration of the

Farther cession of lands to the U. S.

kindness and protection of the Government of the United States, and for the purpose of securing to themselves and posterity, a comfortable home, hereby cede and forever relinquish to the United States, all their country on the southeast side of Winnebago lake, Fox river, and Green bay, which they describe in the following boundaries, to wit: beginning at the south end of Winnebago lake, and running in a southeast direction to Milwauky or Manawauky river; thence down said river to its mouth; thence north, along the shore of lake Michigan, to the entrance 344of Green bay; thence up and along Green bay, Fox river, and Winnebago lake, to the place of beginning; excluding all private land claims which the United Slates have heretofore confirmed and sanctioned. It is also agreed that all the islands which He in Fox river and Green bay, are likewise ceded; the whole comprising by estimation, two million five hundred thousand acres.

Reservation.

Fourth. The following described tract of land, at present owned and occupied by the Menomonee Indians, shall be set apart, and designated for their future homes, upon which their improvements as an agricultural people are to be made: beginning on the West, side of Fox river, at the “Old Mill Dam” near the “Little Kackalin,” and running up and along said river, to the Winnebago lake; thence along said lake to the mouth of Fox river; thence up Fox river to the Wolf river; thence up Wolf river to a point southwest of the west corner of the tract herein designated for the New York Indians; thence northeast to said west corner; thence southeast to the place of beginning. The above reservation being made to the Menomonee Indians for the purpose of weaning them from their wandering habits, by attaching them to comfortable homes, the President of the United States, as a mark of affection for his children of the Menomonee tribe, will cause to be employed

Farmers, &c.

five farmers of established character for capacity, industry, and moral habits, for ten successive years, whose duty it shall be to assist the Menomonee Indians in the cultivation of their farms, and to instruct their children in the business and occupation of farming. Also, five females shall be employed, of like good character, for the purpose of teaching young Menomonee women, in the business of useful housewifery, during a period of ten years.—The annual compensation allowed to the farmers, shall not exceed five hundred dollars, and that of the females three hundred

Dwelling houses.

dollars. And the United States will cause to be erected, houses suited to their condition, on said lands, as soon as the Indians agree to occupy them, for which ten thousand dollars shall be appropriated; also, houses for the farmers, for which three thousand dollars shall be appropriated; to be expended under the direction of the Secretary of War. Whenever the Menomonees thus settle their lands, they shall be supplied with useful household articles, horses, cows, hogs, and sheep, farming utensils, and other articles of husbandry necessary to their comfort, to the value of six thousand dollars; and they desire that some suitable device may be stamped upon such articles, to preserve them from sale or barter, to evil disposed white persons: none of which, nor any other articles with which the United States may at any time furnish them, shall be liable to sale, or be disposed of or bargained, without permission of the agent. The whole to be under the immediate care of the farmers employed to remain among said Indians, but subject to the general controul of the United States’ Indian Agent at Green Bay acting

Grist and sawmill.

under the Secretary of War. The United States will erect a grist and saw mill on Fox river, for the benefit of the Menomonee Indians, and employ a good miller, subject to the direction of the agent, whose business it shall be to grind the grain, required for the use of the Menomonee Indians, and saw the lumber necessary for building on their lands, as also to instruct such young men of the Menomonee nation, as desire to, and conveniently can be instructed in the trade of a miller. The expenses of erecting such mills, and a house for the miller to reside in, shall not exceed six thousand dollars, and the annual compensation of the miller shall be six hundred dollars, to continue for ten years. And if the mills so erected by the United States, can saw more lumber or grind more grain, than is required for the proper use of said Menomonee Indians, the proceeds of such milling shall be applied to the payment of other expenses occurring in the Green bay agency, under the direction of the Secretary of War.

345

In addition to the above provision made for the Menomonee Indians,

Clothing and flour.

the President of the United States will cause articles of clothing to be distributed among their tribe at Green bay, within six months from the date of this agreement, to the amount of eight thousand dollars: and flour and wholesome provisions, to the amount of one thousand dollars, one thousand dollars to be paid in specie. The cost of the transportation of the clothing and provisions, to be included in the sum expended. There shall also be allowed annually thereafter, for the space of twelve

Annuity, &c.

successive years, to the Menomonee tribe, in such manner and form as the President of the United States shall deem most beneficial and advantageous to the Indians, the sum of six thousand dollars. As a matter of great importance to the Menomonees, there shall be one or more gun and blacksmith’s shops erected, to be supplied with a necessary quantity of iron and steel, which, with a shop at Green bay, shall be kept up for the use of the tribe, and continued at the discretion of the President of the United States. There shall also be a house for an interpreter to reside in, erected at Green bay, the expenses not to exceed five hundred dollars.

Fifth. In the treaty of Butte des Morts, concluded in August 1827,

Education of Menomonies.

an article is contained, appropriating one thousand five hundred dollars annually, for the support of schools in the Menomonee country. And the representatives of the Menomonee nation, who are-parties hereto, require, and it is agreed to, that said appropriation shall be increased five hundred dollars, and continued for ten years from this date, to be placed in the hands of the Secretary at War, in trust for the exclusive use and benefit of the Menomonee tribe of Indians, and to be applied by him to the education of the children of the Menomonee Indians, in such manner as he may deem most advisable.

Sixth. The Menomonee tribe of Indians shall be at liberty to hunt

Certain privileges reserved.

and fish on the lands they have now ceded to the United States, on the east side of Fox river and Green bay, with the same privileges they at present enjoy, until it be surveyed and offered for sale by the President; they conducting themselves peaceably and orderly. The chiefs and Warriors of the Menomonee nation, acting under the authority and on behalf of their tribe, solemnly pledge themselves to preserve peace and harmony between their people and the Government of the United States forever. They neither acknowledge the power nor protection of any other State or people. A departure from this pledge by any portion of their tribe, shall be a forfeiture of the protection of the United States Government, and their annuities will cease. In thus declaring their friendship for the United States, however, the Menomonee tribe of Indians, having the most implicit confidence in their great father, the President of the United States, desire that he will, as a kind and faithful guardian of their welfare, direct the provisions of this compact to be carried into immediate effect. The Menomonee chiefs request that

New York Indians.

such part of it as relates to the New York Indians, be immediately submitted to the representatives of their tribes. And if they refuse to accept the provision made for their benefit, and to remove upon the lands set apart for them, on the west side of Fox river, that he will direct their immediate removal from the Menomonee country; but if they agree to accept of the libera! offer made to them by the parties to this compact, then the Menomonee tribe as dutiful children of their great father the President, will take them by the hand as brothers, and settle down with them in peace and friendship.

The boundary, as stated and defined in this agreement, of the Menomonee country, with the exception of the cessions herein before made to the United States, the Menomonees claim as their country; that part of it adjoining the farming country, on the west side of Fox river, will remain to them as heretofore, for a hunting ground, until the President 346of the United States, shall deem it expedient to extinguish their title. In that case, the Menomonee tribe promise to surrender it immediately, upon being notified of the desire of Government to possess it. The additional annuity then to be paid to the Menomonee tribe, to be fixed by the President of the United States. It is conceded to the United States that they may enjoy the right of making such roads, and of establishing such military posts, in any part of the country now occupied by the Menomonee nation, as the President at any time may think proper.

Expenses of delegation, &c.

As a further earnest of the good feeling on the part of their great father, it is agreed that the expenses of the Menomonee delegation to the city of Washington, and of returning, will be paid, and that a comfortable suit of clothes will be provided for each; also, that the United States will cause four thousand dollars to be expended in procuring fowling guns, and ammunition for them; and likewise, in lieu of any garrison rations, hereafter allowed or received by them, there shall be procured and given to said tribe one thousand dollars worth of good and wholesome provisions annually, for four years, by which time it is hoped their hunting habits may cease, and their attention be turned to the pursuits of agriculture.

In testimony whereof, the respective parties to this agreement have severally signed the same, this 8th February, 1831.

JOHN H. EATON, S. C. STAMBAUGH.

Kaush-kau-no-naive, Grizzly Bear,

A-ya-mah-taw, Fish Spawn,

Ko-ma-ui-kin, Big Wave,

Ko-ma-ni-kee-no-shab, Little Wave,

O-ho-pa-shah, Little Whoop,

Ah-ke-ne-pa-weh, Earth Standing,

Shaw-wan-noh, The South,

Mash-ke-wet,

Pah-she-nah-sheu,

Chi-mi-na-na-quet, Great Cloud,

A-na-quet-to-a-peh, Setting in a Cloud,

Sha-ka-cho-ka-mo, Great Chief.

Signed, sealed, and delivered in presence of R. A. Forsyth, C. A. Grignon, Interpreters. A. G. Ellis. Richard Pricket, U. S. Interpreter. William Wilkins, of Pennsylvania. Samuel Swarlwout, New York. John T. Mason, Michigan. Rh. M Johnson, Kentucky.

Note.—In the 1st article, third line from the end of it, at page 7th, the words “and alteration of tenure” were interlined with the consent and approval of all the parties who signed the same.

In presence of Robert A. Forsyth, C. A. Grignon, John T. Mason, P. G. Randolph, Law: L. V. Kleeck, A. G. Ellis.

Feb. 17, 1831.

Whereas certain articles of agreement were entered into and concluded at the city of Washington, on the 8th day of February instant, between the undersigned, Commissioners on behalf of the United States, and the chiefs and warriors, representing the Menomonee tribe of Indians, whereby a portion of the Menomonee country, on the northwest side of Fox river and Green bay, was ceded to the United States, for the benefit of the New York Indians, upon certain conditions and restrictions therein expressed: And whereas it has been represented to the parties to that agreement, who are parties hereto, that it would be more desirable and satisfactory to some of those interested that one or two immaterial changes be made in the first and sixth articles, so as not to limit the number of acres to one hundred for each soul who may be settled upon the land when the President apportions it, as also to make unlimited the time of removal and settlement upon these lands by the New York Indians, but to leave both these matters discretionary with the President of the United States. 347

Now, therefore, as a proof of the sincerity of the professions made by the Menomonee Indians, when they declared themselves anxious to terminate in an amicable maimer, their disputes with the New York Indians, and also as a further proof of their love and veneration for their great father, the President of the United States, the undersigned, representatives of the Menomonee tribe of Indians, unite and agree with the Commissioners aforesaid, in making and acknowledging the following supplementary articles a part of their former aforesaid agreement.

First. It is agreed between the undersigned, commissioners on behalf

President to prescribe limo for removal and settlement of New York Indians.

of the United States, and the chiefs and warriors representing the Menomonee tribe of Indians, that, for the reasons above expressed, such parts of thé first article of the agreement, entered into, between the parties hereto, on the eighth instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, to three years, shall be altered and amended, so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and, at the expiration of such reasonable time, he shall apportion the land among the actual settlers, in such manner as he shall deem equitable and just. And if, within such reasonable time, as the President of the United States shall prescribe for that purpose, the New York Indians, shall refuse to accept the provisions made for their benefit, or having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be, and remain the property of the United States, according to said first article, excepting so much thereof, as the President shall deem justly due to such of the New York Indians, as shall actually have removed to, and settled on the said lands. Second. It is further agreed that the part of the sixth article of the agreement aforesaid, which requires the removal of those of the New York Indians, who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States. The Menomonee Indians having full confidence, that, in making his decision, he will take into consideration the welfare and prosperity of their nation.

Done and signed at Washington, this 17th of February, 1831.

JOHN H. EATON, S. C. STAMBAUGH.

Kaush-kau-no-naive,

A-ya-ma-taw,

Ko-ma-ni-kin,

Ko-ma-ni-kee-no-shah,

O-ho-pa-sha,

Ah-ke-ne-pa-weh,

Sha-wan-noh,

Mash-ke-wet,

Pah-she-na-shen,

Chi-mi-na-na-quet,

A-na-quet-to-a-peh,

Sha-ka-cho-ka-mo.

Signed in presence of R. A. Forsyth, C. A. Grignon, Law. L. V, Kleeck, John T. Mason, P. G. Randolph, A, G. Ellis.

To the Indian names are subjoined a mark and seal.

[Note.—This treaty was ratified with the following Proviso contained in the Resolution of the Senate;

Provided, That for the purpose of establishing the rights of the New York Indians, on a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land on the east side of the Winnebago lake, equal io forty-six thousand and eighty acres shall be laid off, (to commence at some point to be agreed on,) for the use of the Stockbridge and Munsee tribes; and that die improvements made on the lands now in the possession of the said tribes, on die cast side of the Fox river, which said lands are to be relinquished, shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: Provided, however, that the valuation of such improvements, shall not 348TREATY WITH THE SENECAS. 1831.exceed the sum of twenty-five thousand dollars: and that there shall be one township of land, adjoining the foregoing, equal to twenty-three thousand and forty acres, laid off and granted for the use of the Brothertown Indians, who are to be paid, by the Government the sum of one thousand six hundred dollars for the improvements on the lands now in their possession, on the east side of Fox river, and which lands are to be relinquished by said Indians: Also, that a new line shall be run, parallel to the southwestern boundary line, or course of the tract of live hundred thousand acres described in the first article of this treaty, and set apart for the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute on Fox river, and at a sufficient distance from the said boundary line as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land, on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river, and which two hundred thousand acres shall be a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and the St. Regis tribe; and that an equal quantity to that which is added on the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto Creek, to be determined by a Commissioner, to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations, and St. Regis tribe of Indians, shall not exceed the quantity originally stipulated by the treaty,”]

Feb. 28, 1831 Convention 7 Stat. 348 ARTICLES OF AGREEMENT AND CONVENTION,

Feb. 28, 1831.

Proclamation, March 24, 1831.

Made and concluded at the City of Washington, on the twenty-eighth day of February, in the year of our Lord, one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed Commissioner on the part of the United States, of the one part, and the undersigned, principal Chiefs and Warriors of the Seneca tribe of Indians, residing on the Sandusky river in the State of Ohio, on the part of said tribe, of the other part; for the cession of the lands note owned and occupied by the said tribe of Indians, lying on the waters of the Sandusky river, and situate within the territorial limits of the organized counties of Seneca and Sandusky, in said State of Ohio.

Whereas the tribe of Seneca Indians, residing on Sandusky River, in the State of Ohio, have earnestly solicited the President of the United States to negotiate with them, for an exchange of the lands, now owned and occupied by them, for lands of the United States, west of the river Mississippi, and for the removal and permanent settlement of said tribe: Therefore, in order to carry into effect the aforesaid objects, the following articles have been agreed upon:

Cession by the Senecas.

Art. 1. The Seneca tribe of Indians, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands granted to them, by patent, in fee simple, by the sixth section of the Treaty, made at the foot of the Rapids of the Miami River of Lake Erie, on the twenty-ninth day of September, in the year 1817, containing thirty thousand acres, and described as follows: “beginning on the Sandusky river at the lower corner of the section granted to William Spicer; thence down the river on the east side, with the meanders thereof at high water mark, to a point cast of the mouth of Wolf Creek; thence, and from the beginning, east, so far that a north line will include the quantity of thirty thousand acres.” And said tribe also cede, as aforesaid, one other tract of land, reserved for the use of the said Senecas, by the second article of the treaty, made at St. Mary’s, in the State of Ohio, on the seventeenth day of September, in the year 1818, which tract is described in 349said treaty as follows: “Ten thousand acres of land, to be laid off on the east side of the Sandusky river, adjoining the south side of their reservation of thirty thousand acres, which begins on the Sandusky river, at the lower corner of William Spicer’s section, and excluding ‘herefrom the said William Spicer’s section:” making, in the whole of this cession, forty thousand acres.

Art. 2. In consideration of the cessions stipulated in the foregoing

Removal of Senecas.

article; the United States agree to cause the said tribe of Senecas, consisting of about four hundred souls, to be removed in a convenient and suitable manner, to the western side of the Mississippi river; and will grant them, by patent, in fee simple, as long as they shall exist as a

Grant to them.

nation and remain on the same, a tract of land, situate on, and adjacent to the northern boundary of the lands heretofore granted to the Cherokee nation of Indians, and adjoining the boundary of the State of Missouri; which tract shall extend fifteen miles from east to west, and seven miles from north to south, containing about sixty-seven thousand acres, be the same more or less; for which the President of the United States shall cause letters patent to be issued, in due form of law, agreeably to the Act of the last session of Congress.

Art. 3. The United States will defray the expenses of the removal

One year’s support.

of the said Senecas, and will moreover supply them with a sufficiency of wholesome provisions, to support them for one year, after their arrival at their new residence.

Art. 4. Out of the first sales, to be made of the lands herein ceded

Grist-mill, saw-mill, &c.

by the Senecas, the United States will cause a grist mill, a saw mill, and a blacksmith shop to be erected on the lands herein granted to the Senecas, with all necessary tools, to be supported and kept in operation, at the expense of the United States, for the sole benefit of the said Senecas; and for these purposes, the United States will employ a miller and a blacksmith, for such term as the President of the United States, in his discretion, may think proper.

Art. 5. As the Seneca Indians, on their removal, will stand in need

Advance of $6000.

of funds to make farms and erect houses; it is agreed that the United States will advance them six thousand dollars, in lieu of the improvements which they have made on the lands herein ceded to the United States; which sum shall be reimbursed from the sales of the lands ceded. An equitable distribution of this sum shall be made by the Chiefs, with the consent of the tribe, in general council assembled, to such individuals of the tribe, as, having left improvements, may be properly entitled to receive the same.

Art. 6. The live stock, farming utensils, and other chattel property,

Live stock, &c.

which the Senecas now own, and may not be able to take with them, shall be sold by some agent, to be appointed by the President; and the proceeds paid to the owners of such property, respectively.

Art. 7. The expenses of the Chiefs, in coming to and remaining at

Expenses of delegation.

Washington, and returning to Ohio, as well as the expenses and per diem pay of the native Interpreter accompanying them, shall be paid by the United States.

Art. 8. The United States will expose to public sale, to the highest

Sale of lands.

bidders, at such time and in such manner as the President may direct, the tracts of land herein ceded by the Seneca Indians: And, after deducting from the proceeds of such sale, the minimum price of the public lands; the cost of building the saw and grist mills and blacksmith shop for the Senecas; the cost of surveying the lands; and the sum of six thousand dollars, to be advanced in lieu of their present 350

Annuity, &c.

improvements: it is agreed that any balance which may remain, of the avails of the lands after sale as aforesaid, shall constitute a fund for the future exigencies of the tribe, on which the Government of the United States consent and agree to pay to the Chiefs of the nation, for the use and general benefit of the nation, annually, five per cent on said balance, as an annuity: And if, at any time hereafter, the Seneca Chiefs, by and with the advice and consent of their tribe in General Council assembled, shall make known to the President, their desire that the fund, thus to be created, should be dissolved and given to the tribe; the President shall cause the same to, be paid over to them, in such manner as he may direct; provided he shall become satisfied of the propriety of so doing.

Annuities by former treaties.

Art. 9. It is agreed that any annuity, accruing to the Senecas, by former treaties, shall be paid to them at their intended residence, west of the Mississippi, under the direction of the President.

Presents.

Art. 10. The United States hereby agree to give to the Senecas, as presents, one hundred rifles, as soon as practicable, and four hundred blankets, for the. use of the tribe, to be delivered to them at such time and place as may be directed by the Secretary of War. Also fifty ploughs, fifty hoes and fifty axes, will be given to the tribe, as aforesaid, to assist them in commencing farming.

Grant to H. C. Brish.

Art. 11. The Chiefs of the Senecas, being impressed with gratitude towards Henry C. Brish, their sub-agent, for his private advances of money and provisions, and numerous other acts of kindness towards them, as well as his extra services in coming with them to Washington; and having expressed a wish that a quarter section of a hundred and sixty acres of the lands ceded by them, should be granted to him in consideration thereof: the same is hereby granted to him and his heirs to be located under the direction of the President of the United States.

Lands granted, not to be sold.

Art. 12. The lands granted by this Agreement and Convention to the Seneca tribe of Indians shall not be sold or ceded by them, except to the United States.

Advances to chiefs.

Art. 13. It is communicated by the Chiefs here, that, in Council, before they left home, it was agreed by the tribe, that, for their services in coming to the City of Washington, each should receive one hundred dollars, to be paid by said tribe: At the request of said Chiefs, it is agreed that the United States will advance the amount, to wit: five hundred dollars, to be hereafter reimbursed from the sale of their lands in Ohio.

In testimony whereof the parties respectively have this twenty-eight of February signed the same and affixed their seals.

JAMES B. GARDINER.

Comstick,

Small Cloud Spicer,

Seneca Steel,

Hard Hickory,

Capt. Good Hunter.

Signed in presence of Henry C. Brish, Sub Agent. George Herron, Interpret. W. B. Lewis. Henry Tolan. P. G. Randolph.

To the Indian names are subjoined a mark and seal.

July 20, 1831 Agreement 7 Stat. 351 ARTICLES OF AGREEMENT AND CONVENTION,

July 20, 1831.

Proclamation, April 6, 1832.

Made and concluded at Lewistown, in the county of Logan, and State of Ohio, on the twentieth day of July, in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner, specialty appointed commissioner on the part of the United States, and John McElvain, Indian agent for the Wyandots, Senecas and Shawnees, on the one part, and the undersigned principal chiefs and warriors of the mixed band of Senecas and Shawnee Indians residing at and around the said Lewistown, of the other part; for the cession of the lands now owned and occupied by said band, lying on the waters of the Great Miami river, and within the territorial limits of the organized county of Logan, in said State of Ohio.

Whereas the President of the United States, under the authority of the Act of Congress, approved May 28th, 1830, has appointed a special commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions contained in the before recited act. And whereas the mixed band or tribes of Seneca and Shawnee Indians residing at and around Lewistown in said State have expressed their perfect assent to the conditions of said act, and their willingness and anxiety to remove west of the Mississippi river, in order to obtain a more permanent and advantageous home for themselves and their posterity: Therefore, in order to carry into effect the aforesaid objects, the following articles have been agreed upon by the aforesaid contracting parties; which, when approved by the President and ratified by the Senate of the United States, shall be mutually binding upon the United States and the said Seneca and Shawnee Indians.

Article I. The Seneca and Shawnee Indians, residing at and around

Cession of lands to U. S.

Lewistown in the State of Ohio, in consideration of the stipulations herein made on the part of the United States, do for ever cede, release and quit claim to the United States, the lands granted to them by patent in fee simple by the sixth article of the treaty made at the foot of the rapids of the Miami river of Lake Erie, on the twenty-ninth day of

Ante, p. 160.

September, in the year 1817, containing forty-eight square miles, and described in said treaty as follows:—“Beginning at the intersection of the line run by Charles Roberts in the year one thousand eight hundred and twelve, from the source of the Little Miami river, to the source of the Scioto river, in pursuance of instructions from the commissioners appointed on the part of the United States, to establish the western boundary of the Virginia military reservation, with the Indian boundary line established by the treaty of Greenville in one thousand seven hundred and ninety-five from the crossings above Fort Lawrence to Loramie’s store, and to run from such intersection, northerly, with the first mentioned line, so as to include the quantity as nearly in a square form as practicable, after excluding the section of land granted to Nancy Stewart.” And the said Senecas and Shawnees also cede to the United States, in manner aforesaid, one other tract of land, reserved for them by the second article of the treaty made at St. Mary’s, in Ohio, on the seventeenth of September, in the year 1818, which tract is described in 351 352TREATY WITH THE SENECAS, ETC. 1831.said treaty as follows:—“Eight thousand nine hundred and sixty acres, to be laid off adjoining the west line of the reserve of forty-eight square miles at Lewistown,”

Removal of Senecas and Shawnees.

Article II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said band of Senecas and Shawnees, consisting of about three hundred souls, to be removed in a convenient and suitable manner to the western side of the Mississippi

Grant of land.

river, and will grant by patent, in fee simple to them and their heirs forever, as long as they shall exist as a nation and remain on the same, a tract of land to contain sixty thousand acres, to be located under the direction of the President of the United States, contiguous to the lands granted to the Senecas of Sandusky by the treaty made with them at

Ante, p. 348.

the City of Washington, on the 28th of February 1831, and the Cherokee settlements—the east line of said tract shall be within two miles of the west line of the lands granted to the Senecas of Sandusky, and the south line shall be within two miles of the north line of the lands held by the Cherokees—and said two miles between the aforesaid lines, shall serve as a common pass way between the before mentioned tribes to prevent them from intruding upon the lands of each other.

One year’s support, &c.

Article III. The United States will defray the expence of the removal of the said Senecas and Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence.

Saw-mill and blacksmith’s shop.

Article IV. Out of the first sales to be made of the lands herein ceded by the said Senecas and Shawnees, the United States will cause a saw-mill and a blacksmith shop to be erected on the lands granted to the said Indians west of the Mississippi, with all necessary machinery and tools, to be supported and kept in operation at the expence of the United States, for the mutual and sole benefit of the said Senecas and Shawnees, and the United States will employ a blacksmith to execute the necessary work for the said Indians for such time as the President of the United States, in his discretion may think proper.

$6000 advanced for improvements.

Article V. In lieu of the improvments which have been made on the lands herein ceded; it is agreed that the United States shall advance to the said Senecas and Shawnees the sum of six thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the Chiefs of the said Senecas and Shawnees, with the consent of their tribes in general council assembled, to such individuals of the tribes as, having left, improvements, may be properly entitled to the same.

Live stock, &c.

Article VI. The live stock, farming utensils, and other chattel property, which the said Senecas and Shawnees now own, and may not be able to carry with them, shall be sold under the superintendance of some suitable person appointed by the Secretary of War, and the proceeds paid over to owners of such property respectively.

Agent to superintend removal.

Article VII. The said Senecas and Shawnees shall be removed to their new residence under the care and protection of some competent and proper person, friendly to them and acquainted with their habits, manners and customs; and the chiefs of the said tribes shall have the privilege of nominating such person to the President, who, if approved of by him, shall have charge of their conveyance.

Sale of lands.

Article VIII. The United States will expose to public sale to the highest bidders, in the manner of selling the public lands, the tracts of 353land herein ceded by the Senecas and Shawnees; and after deducting from the proceeds of such sale the sum of seventy cents per acre, exclusive of the cost of surveying the lands, the cost of the saw mill and blacksmith shop, and the sum of six thousand dollars to be advanced in lieu of the improvements on the ceded lands; it is agreed that any balance which may remain of the lands after sale as aforesaid, shall constitute

Annuity, &c.

a fund for the future necessities of said tribes, on which the Government of the United States agree and consent to pay to the chiefs for the use and general benefit of the said tribes annually, five per cent, on the amount of the said balance as an annuity. Said fund to be continued during the pleasure of Congress, unless the chiefs of the said tribes, by and with the consent of the whole of their people in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them, in which case the President shall cause the same to be paid over, if in his discretion he shall think the happiness and prosperity of said tribes would be promoted thereby.

Article IX. It is agreed that any annuities accruing to the said

Annuities by former treaties.

Senecas and Shawnees by former treaties shall be paid to them at their intended residence west of the Mississippi under the direction of the President.

Article X. In consideration of the former good conduct and friendly

Presents.

disposition of the aforesaid band of Senecas and Shawnees towards the American Government, and as an earnest of the kind feelings, and good wishes of their great father for the future welfare and happiness of themselves and their posterity, it is agreed that the United States will give them as presents, the following articles, to wit: one hundred blankets, twenty ploughs, one hundred hoes, fifty axes, ten rifles, twenty sets of horse gears, and Russia sheeting sufficient to make forty tents; the whole to be delivered to them as soon as practicable after their arrival at their new residence, except the blankets and the Russia sheeting for the tents, which shall be given at the time of their setting out on their journey; all of said articles to be distributed by the chiefs according to the just claims and necessities of their people.

Article XI. The lands granted by this agreement and convention

Lands granted, not to be sold.

Guaranty by U.S.

to the said band of Senecas and Shawnees, shall not be sold or ceded by them except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or Territory, nor subject to the laws thereof; and further that the President of the United States will cause said tribes to be protected at their new residence against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever; and he shall have the same care and superintendence over them in the country to which they design to remove, that he has heretofore had over them at their present place of residence.

Article XII. At the request of the chiefs of the Senecas and Shawnees,

Grant to Jas. McPherson.

there is granted to James McPherson, one half section of land to contain three hundred and twenty acres, to be laid off in such part of the lands here ceded as he may select, so that the said half section shall adjoin the land heretofore donated to him near the southeast corner of that part of the lands herein ceded which was assigned to the Shawnees by the second article of the treaty made at St. Mary’s, on the 17th of

Ante, p. 178.

September 1818. And this grant is made in consideration of the sincere attachment of the said chiefs and their people for the said James McPherson, who has lived among them and near them for forty years, and from whom they have received numerous and valuable services and benefits; and also in consideration of the able and candid manner in which he has explained to the Indians the policy of the United States 354in regard to the future welfare and permanent settlement of the Indian tribes.

Grant to H. H. McPherson.

Article XIII. At the request of the aforesaid chiefs, there is hereby granted to Henry II. McPherson, an adopted son of their nation, a half section of land, to contain three hundred and twenty acres, to be added to a half section of land granted to him by the said chiefs on the 20th day of March 1821, and approved by the President of the United States, which is to be so laid off as to enlarge the last mentioned grant to a square section.

Grant to interpreter.

Article XIV. At the special request of the aforesaid chiefs, one quarter section of land, to contain one hundred and sixty acres, is hereby granted to Martin Lane their interpreter, who married a quarter blood Indian woman, and has lived a long time among the Senecas. The said quarter section is to be located under the direction of the President of the United States.

Explanatory.

Article XV. It is understood and agreed by the present contracting parties that the words, “the lands heretofore donated to him” in the twelfth article of this treaty, have direct and sole reference to a verbal donation heretofore made by the said Senecas and Shawnees to the said McPherson, and that the intention is that this treaty should confirm the former as well as the latter grant,so that the said McPherson is entitled to one whole section to be located in the southeast corner of the Shawnee part of the lands herein ceded as aforesaid.

In testimony hereof the present contracting parties respectively have signed their hands, and affixed their seals the day and year aforesaid, at Pleasant Plains near Lewistown in the State of Ohio.

JAMES B. GARDINER, JOHN McELVAIN.

Methomea, or Civil John.

Skilleway, or Robbin.

Totals Chief, or John Young.

Pewyache.

Mingo Carpenter.

John Jackson.

Quashacaugh, or Lillie Lewis.

James McDonnell.

Honede, or Civil John’s Son.

Run fast.

Yankee Bill.

Cold Waler.

John Sky.

Signed, sealed, and delivered in presence of us:—David Robb, Sub-agent. James McPherson, Joseph Parks, U. S. Interpreters. N. Z. McColloch, H. E. Spencer, Wm. Rianhard, John Shelby, Alexander Thomson, H. B. Strother, Benj. S. Brown, D. M. Workman, R. Patterson, A. O. Spencer, Jas. Stewart, Stephen Giffin.

I do hereby certify that each and every article of the foregoing convention and agreement, was carefully explained and fully interpreted by me to the chiefs, head men, and warriors who have signed the same.

MARTIN LANE, U. S. Interpreter.

To the Indian names are subjoined a mark and seal.

Aug. 8, 1831 Agreement 7 Stat. 355 ARTICLES OF AGREEMENT AND CONVENTION,

Aug. 8, 1831.

Proclamation, April 6, 1832.

Made and concluded at Wapaghkonnetta, in the county of Allen and State of Ohio on the 8th day of August in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner specially appointed commissioner on the part of the United States and John McElvain, Indian Agent for the Wyandots, Senecas and Shaicnees residing in the State of Ohio, on the one part, and the undersigned, principal Chiefs, Headmen and Warriors of the tribe of Shawnee Indians residing at Wapaghkonnetta and Hog Creek, within the territorial limits of the organized county of Allen, in the State of Ohio.

Whereas the President of the United States under the authority of the Act of Congress, approved May 28, 1830, has appointed a special

1830, ch. 148.

commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before recited act:—And whereas the tribe or band of Shawnee Indians residing at Wapaghkonnetta and on Hog Creek in the said State, have expressed their perfect assent to the conditions of the said act, and their willingness and anxiety to remove west of the Mississippi river, in order to obtain a more permanent and advantageous home for themselves and their posterity. Therefore, in order to carry into effect the aforesaid objects, the following articles of Convention have been agreed upon by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the advice and consent of the Senate thereof, shall be mutually binding upon the United States and the said Shawnee Indians.

Article I. The tribe or band of Shawnee Indians residing at Wapaghkonnetta

Cession of lands to U. S.

and on Hog Creek in the State of Ohio, in consideration of the stipulations herein made, on the part of the United States, do for ever cede, release and quit claim to the United States the lands granted to them by patent in fee simple by the sixth section of the treaty made at the foot of the Rapids of the Miami river of Lake Erie on the 29th

Ante, p. 160

day of September in the year of our Lord 1817, containing one hundred and twenty-five sections or square miles, and granted in two reservations and described in the said sixth section of the aforesaid treaty as follows:—“A tract of land ten miles square, the centre of which shall be the council house at Wapaghkonnetta;” and “a tract of land containing twenty-five square miles, which is to join the tract granted at Wapagh konnetta, and to include the Shawnee settlement on Hog creek, and to be laid off as nearly as possible in a square form,” which said two tracts or reservations of land were granted as aforesaid to the said Shawnee Indians by the patents signed by the Commissioner of the General Land Office and certified by the Secretary of War dated the 20th day of April 1821. Also, one other tract of land, granted to the said Shawnees by the second article of the treaty made at St. Mary’s in the state of Ohio,

Ante, p. 178.

on the 17th day of September in the year 1818, and described therein as follows: “Twelve thousand eight hundred acres of land to be laid off adjoining the east line of their reserve of ten miles square at Wapaghkonnetta,” making in the whole of the aforesaid cessions to the 355 356TREATY WITH THE SHAWNEES. 1831.United States by the aforesaid Shawnees, one hundred and forty-five sections or square miles, which includes all the land now owned or claimed by the said band or tribe of Shawnees in the State of Ohio.

Removal of Shawnees.

Article II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said tribe or band of Shawnees, consisting of about four hundred souls, to be removed in a convenient and suitable manner to the Western side of the Mississippi

Grant of land west of the Mississippi.

river, and will grant by patent in fee simple to them and their heirs for ever, as long as they shall exist as a nation and remain upon the same, a tract of land to contain one hundred thousand acres, to be located under the direction of the President of the United States, within the tract of land equal to fifty miles square, which was granted to the Shawnee Indians of the State of Missouri by the second article of a treaty made at the city of Saint Louis in said State, with the said Shawnees of Missouri by William Clark, Superintendent of Indian Affairs, on the 7th day of November in the year 1825; and in which it is provided that the grant aforesaid shall be for the Shawnee tribe of Indians within the State of Missouri, “and for those of the same nation now residing in Ohio, who may hereafter emigrate to the west of the Mississippi;” but if there should not be a sufficiency of good land unoccupied by the Shawnee Indians who have already settled on the tract granted as afore said by the said treaty of Saint Louis; then the tract of one hundred thousand acres, hereby granted to the said Shawnees of Ohio, parties to this compact, shall be located under the direction of the President of the United States on lands contiguous to the said Shawnees of Missouri, or on any other unappropriated lands within the district of country designed for the emigrating Indians of the United States.

One year’s support, &c.

Article III. The United States will defray the expenses of the removal of the said band or tribe of Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions, to support them for one year after their arrival at their new residence.

Saw-mill, grist-mill, &c.

Article IV. Out of the first sales to be made of the lands herein ceded by the said Shawnees, the United States will cause a good and substantial saw mill, and a grist mill, built in the best manner, and to contain two pair of stones and a good bolting cloth, to be erected on the lands granted to the said Shawnees, west of the Mississippi; and said mills shall be solely for their use and benefit. The United States will, out of the sales of the ceded lands, as aforesaid, cause a blacksmith shop, (to contain all the necessary tools,) to be built for the said Shawnees, at their intended residence, and a blacksmith shall be employed by the United States, as long as the President thereof may deem proper, to execute all necessary and useful work for said Indians.

$13.000 advanced for improvements.

Article V. In lieu of the improvements which have been made on the lands herein ceded, it is agreed that the United States shall advance to the said Shawnees (for the purpose of enabling them to erect houses and open farms al their intended residence) the sum of thirteen thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the chiefs of the said Shawnees; with the consent of the people, in general council assembled, to such individuals of their tribe who have made improvements on the lands herein ceded, and may be properly entitled to the same.

Farming utensils, &c.

Article VI. The farming utensils, live stock and other chattel property, which the said Shawnees now own, and may not be able to carry with them, shall be sold, under the superintendance of some suitable 357person, appointed by the Secretary of War for that purpose, and the proceeds paid over to the owners of such property respectively.

Article VII. The United States will expose to public sale to the

Sale of lands ceded by Shawnees.

highest bidder, in the manner of selling the public lands, the tracts of land herein ceded by the said Shawnees. And after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, the cost of the grist mill, saw mill and blacksmith shop and the aforesaid sum of thirteen thousand dollars, to be advanced in lieu of improvements; it is agreed that any balance, which may remain of the avails of the lands, after sale as aforesaid, shall constitute a fund for the future necessities of said tribe, parties to this compact, on which the United States agree to pay to the chiefs, for the use and general benefit of their people, annually, five per centum on the amount of said balance, as an annuity. Said fund to be continued during the

Annuity, &c.

pleasure of Congress, unless the chiefs of the said tribe, or band, by and with the consent of their people, in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them; in which case the President shall cause the same to be so paid, if in his discretion, he shall believe the happiness and prosperity of said tribe would be promoted thereby.

Article VIII. It is agreed that any annuities, accruing to the said

Annuities by former treaties.

band or tribe of Shawnees, by former treaties, shall be paid to them at their intended residence west of the Mississippi, under the direction of the President.

Article IX. In consideration of the good conduct and friendly dispositions

Presents.

of the said band of Shawnees towards the American Government, and as an earnest of the kind feelings and good wishes of the people of the United States, for the future welfare and happiness of the said Shawnees, it is agreed that the United States, will give them, as presents, the following articles, to be fairly divided by the chiefs, among their people, according to their several necessities, to wit: two hundred blankets, forty ploughs, forty sets of horse gears, one hundred and fifty hoes, fifty axes, and Russia sheeting sufficient for fifty tents:—the whole to be delivered to them, as soon as practicable, after their arrival at their new residence, except the blankets and Russia sheeting, which shall be given previously to their removal.

Article X. The lands granted by this agreement and convention to

Lands granted not to be sold.

Guarantee.

the said band or tribe of Shawnees, shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or territory, nor subject to the laws thereof; and further, that the President of the United States will cause said tribe to be protected at their intended residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever, and he shall have the same care and superintendence over them, in the country to which they are to remove, that he has heretofore had over them at their present place of residence.

Article XI. It is understood by the present contracting parties, that

Claims of F. Duchouquet.

any claims which Francis Duchouquet may have, under former treaties, to a section or any quantity of the lands herein ceded to the United States, are not to be prejudiced by the present compact; but to remain as valid as before.

Article XII. In addition to the presents given in the ninth article

Additional presents.

of this convention, it is agreed that there shall also be given to the said Shawnees, twenty-five rifle guns, to be distributed in the manner provided in said ninth article.

358

Grant to Jos. Parks, &c.

Article XIII. At the request of the chiefs, there is granted, to Joseph Parks, a quarter blooded Shawnee, one section of land to contain six hundred and forty acres, and to include his present improvements at the old town near Wapaghkonnetta, in consideration of his constant friendship and many charitable and valuable services towards the said Shawnees:—and at the request of the chiefs, it is also stipulated that the price of an average section of the lands herein ceded, shall be reserved in the hands of the Government, to be paid to their friends, the Shawnees who now reside on the river Huron in the Territory of Michigan, for the purpose of bearing their expenses, should they ever wish to follow the Shawnees of Wapaghkonnetta and Hog creek to their new residence west of the Mississippi.

Further presents.

Article XIV. At the request of the chiefs it is agreed that they shall be furnished with two cross-cut saws for the use of their tribe; and also that they shall receive four grindstones annually, for the use of their people, to be charged upon the surplus fund, and they shall further receive, as presents, ten hand saws, ten drawing knives, twenty files, fifty gimblets, twenty augurs of different sizes, ten planes of different sizes, two braces and bits, four hewing axes, two dozen scythes, five frows and five grubbing hoes.

In testimony whereof, the said James B. Gardiner, specially appointed commissioner on the part of the United States, and John McElvain, Indian agent as aforesaid, and the said chiefs, warriors and headmen of the said Shawnees of Wapaghkonnetta and Hog creek, have hereunto set their hands and seals at Wapaghkonnetta, this eighth day of August in the year of our Lord one thousand eight hundred and thirty-one.

JAMES B. GARDINER, JOHN McELVAIN.

Lauloway, or John Perry,

Nolesimo, or Henry Clay,

Peaghtucker, or McNear,

P. H. Tha,

Wiwelipea,

Quarky,

Letho,

Naecimo, or Lillie Fox,

Pamothaway, or George Williams,

Squecawpowee, or Geo. McDougall,

Lawathtucker, or John Wolf,

Thothweillew, or Bright Horne,

P. H. Thawtaw, or Peter Cornstock,

Saucothcaw, or Spy Buck,

Chawwee, or

Thawquotsaway, or Big Man,

Jakescaw, or Cap. Tom.

Quelenee,

Chissecaw,

Chupehecaw, or Old Big Knife,

Be dee dee, or Big Jim.

Signed and sealed in presence of us, Wm. Walker, Sc'y. to the Commissioners. David Robb, Sub-agent. John McLaughlin. Alexander Thomson. Henry Harvey. John Elliott. Amos Kenworthy. John Armstrong. Jeremiah A. Dooley. Warpole, a Wyandot Chief. Tashnewau, Ottaway Chief. Francis Johnston. John Gunn. James S. Chewers. A. D. Kinnard. Pay ton quot, Ottaway Chief.

To the Indian names are subjoined a mark and seal.

I hereby certify that the several articles in the foregoing treaty have been fairly interpreted and fully explained to the chiefs, head men and warriors of the Shawnee band or tribe, who have signed the same.

JOSEPH PARKS, U. S. Interpreter.

Aug. 30, 1831 Agreement 7 Stat. 359 ARTICLES OF AGREEMENT AND CONVENTION

Aug. 30, 1831.

Proclamation, April 6, 1832.

Made and concluded this thirtieth day of August, in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed commissioner on the part of the United States, on the one part, and the chiefs, head men and warriors of the band of Ottoway Indians residing within the State of Ohio on the other part, for a cession of the several tracts of land noio held and occupied by said Indians within said State, by reservations made under the treaty concluded at Detroit on the 17th day of November, 1807, and the treaty made at the foot of the Rapids of the Miami river of Lake Erie, on the 29th of September, 1817.

Whereas the President of the United States, under the authority of the act of Congress, approved May 28, 1830, lias appointed a special

1830, ch. 148.

commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before mentioned act: And whereas the band of Otto ways residing on Blanchard’s fork of the Great Auglaize river, and on the Little Auglaize river at Oquanoxie’s village, have expressed their consent to the conditions of said act, and their willingness to remove west of the Mississippi, in order to obtain a more per manent and advantageous home for themselves and their posterity:

Therefore, in order to carry into effect the aforesaid objects, the following articles of convention have been agreed upon, by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the consent of the Senate thereof, shall be mutually binding upon the United States and the aforesaid band of Ottoway Indians.

Article I. The band of Ottoway Indians, residing on Blanchard’s

Cession of land to U. S. by Ottawa Indians.

fork of the Great Auglaize river, and at Oquanoxa’s village on the Little Auglaize river, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands reserved to them by the last clause of the sixth article of the treaty made at the foot of the Rapids of the Miami of the

Ante, p. 160.

Lake on the 29th of September, 1817; which clause is in the following words: “There shall be reserved for the use of the Ottoway Indians, but not granted to them, a tract of land on Blanchard’s fork of the Great Auglaize river, to contain five miles square, the centre of which tract is to be where the old trace crosses the said fork; and one other tract, to contain three miles square on the Little Auglaize river, to include Oquanoxa’s village,” making in said cession twenty-one thousand seven hundred and sixty acres.

Article II. The chiefs, head men and warriors of the band of Ottoway

Cession by a certain other band of Ottawas.

Indians, residing at and near the places called Roche de Boeuf and Wolf rapids, on the Miami river of Lake Erie, and within the State of Ohio, wishing to become parties to this convention, and not being willing, at this time, to stipulate for their removal west of the Mississippi; do hereby agree, in consideration of the stipulations herein made for them on the part of the United States, to cede, release and forever quit claim to the United States the following tracts of land, reserved to them 359 360TREATY WITH THE OTTAWAS. 1831.by the treaty made at Detroit on the 17th day of November, 1807, to

Ante, p. 105.

wit, the tract of six miles square above Roche de Boeuf, to include the village where Tondagonie (or Dog) formerly lived; and also three miles square at the Wolf rapids aforesaid, which was substituted for the three miles square granted by the said treaty of Detroit to the said Ottoways “to include Presque Isle,” but which could not be granted as stipulated in said treaty of Detroit, in consequence of its collision with the grant of twelve miles square to the United States by the treaty of Greenville; making in the whole cession made by this article twenty-eight thousand one hundred and fifty-seven acres, which is exclusive of a grant made to Yellow Hair (or Peter Minor) by the 8th article of the treaty at the

Auto, p. 160.

foot of the Rapids of Miami, on the 29th of September, 1817, and for which said Minor holds a patent from the General Land Office for 613 acres.

Removal of Ottawas residing at Blanchard’s fork, &c.

Article III. In consideration of the cessions made in the first article of this convention, the United States agree to cause the band of Ottoways residing on Blanchard’s fork, and at Oquanoxa’s village, as afore said, consisting of about two hundred souls, to be removed, in a convenient and suitable manner, to the western side of the Mississippi river;

Grant of land to said band.

and will grant, by patent in fee simple, to them and their heirs for ever, as long as they shall exist as a nation, and remain upon the same, a tract of land to contain thirty-four thousand acres, to be located adjoining the south or west line of the reservation equal to fifty miles square,

Ante, p. 284.

granted to the Shawnees of Missouri and Ohio on the Kanzas river and its branches, by the treaty made at St. Louis, November 7th, 1825.

One year’s support, &c.

Article IV. The United States will defray the expense of the removal of the said band of Ottoways, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence.

$2000 to be advanced for improvements.

Article V. In lieu of the improvements which have been made on the lands ceded by the first article of this convention, it is agreed that the United States shall advance to the Ottoways of Blanchard’s fork and Oquanoxa’s village, the sum of two thousand dollars, to be reimbursed from the sales of the lands ceded by the said first article. And it is expressly understood that this sum is not to be paid until the said Ottoways arrive al their new residence, and that it is for the purpose of enabling them to erect houses and open farms for their accommodation and subsistence in their new country. A fair and equitable distribution of this sum shall be made by the chiefs of the said Ottoways, with the consent of their people, in general council assembled, to such individuals of their band as may have made improvements on the lands ceded by the first article of this convention, and may be properly entitled to the same.

Farming utensils, live stock, &c.

Article VI. The farming utensils, live stock and other chattel property, which the said Ottoways of Blanchard’s fork and Oquanoxa’s village now own, shall be sold, under the superintendence of some suitable person appointed by the Secretary of War; and the proceeds paid to the owners of such property respectively.

Sale of lands ceded by said band.

Article VII. The United States will expose to sale to the highest bidder, in the manner of selling the public lands, the tracts ceded by the first article of this convention, and after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, and the sum of two thousand dollars advanced in lieu of improvements; it is agreed that the balance, or so much thereof as may be necessary, shall be hereby guaranteed for the payment of the debts, which the said Ottoways of Blanchard’s fork, and Oquanoxa’s village 361may owe in the State of Ohio and the Territory of Michigan, and agree to be due by them, as provided in the sixteenth article of this convention; and any surplus of the proceeds of said lands, which may still remain, shall be vested by the President in Government stock, and five per cent, thereon shall be paid to the said Ottoways of Blanchard’s fork and Oquanoxa’s village, as an annuity during the pleasure of Congress.

Article VIII. It is agreed that the said band of Ottoways of Blanchard’s

Annuities by former treaties.

fork and Oquanoxa’s village, shall receive, at their new residence, a fair proportion of the annuities due to their nation by former treaties, which shall be apportioned under the direction of the Secretary of War, according to their actual numbers.

Article IX. The lands granted by this agreement and convention Lands granted not to be sold. to the said band of Ottoways residing at Blanchard’s fork and Oqua noxa’s village shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be

Guarantee.

within the bounds of any State or territory, nor subject to the laws thereof, and further, that the President of the United States will cause said band to be protected at their new residence, against all interruption or disturbance from any other tribe or nation of Indians and from any other person or persons whatever: and he shall have the same care and superintendence over them in the country to which they design to remove, that he now has at their present residence.

Article X. As an evidence of the good will and kind feelings of the

Presents.

people of the United States towards the said band of Ottoways of Blanchard’s fork and Oquanoxa’s village; it is agreed that the following articles shall be given them, as presents, to wit: eighty blankets, twenty-five rifle guns, thirty-five axes, twelve ploughs, twenty sets of horse gears, and Russia sheeting sufficient for tents for their whole band; the whole to be delivered according to the discretion of the Secretary of War.

Article XI. In consideration of the cessions made in the second

Grant of land to Ottawas residing at Roche de Bœuf, &c.

article of this convention by the chiefs, head men and warriors of the band of Ottoways residing at Roche de Boeuf and Wolf rapids, it is agreed that the United States will grant to said band by patent in fee simple, forty thousand acres of land, west of the Mississippi, adjoining the lands assigned to the Ottoways of Blanchard’s fork and Oquanoxa’s village, or in such other situation as they may select, on the unappropriated lands in the district of country designed for the emigrating Indians of the United States. And whenever the said band may think proper to accept of the above grant, and remove west of the Mississippi, the United States agree that they shall be removed and subsisted by the Government in the same manner as is provided in this convention for their brethren of Blanchard’s fork and Oquanoxa’s village, and they shall receive like presents, in proportion to their actual numbers, under the direction of the Secretary of War. It is also understood and agreed that the said band, when they shall agree to remove west of the Mississippi, shall receive their proportion of the annuities due their nation by former treaties, and be entitled in every respect to the same privileges, advantages and protection, which are herein extended to their brethren and the other emigrating Indians of the State of Ohio.

Article XII. The lands ceded by the second article of this convention

Sale of lands ceded by said band.

shall be sold by the United States to the highest bidder, in the manner of selling the public lands, and after deducting from the avails thereof seventy cents per acre, exclusive of the cost of surveying, the balance is hereby guaranteed to discharge such debts of the Ottoways residing on the river and bay of the Miami of Lake Erie, as they may 362

Proceeds of sales.

herein acknowledge to be due, and wish to be paid. And whatever overplus may remain of the avails of said lands, after discharging their debts as aforesaid, shall be paid to them in money, provided they shall refuse to remove west of the Mississippi, and wish to seek, some other home among their brethren in the Territory of Michigan. But should the said band agree to remove west of the Mississippi, then any overplus which may remain to them, after paying their debts, shall be invested by the President, and five per centum paid to them as an annuity, as is provided for their brethren by this convention.

Temporary reservations.

Article XIII. At the request of the chiefs residing at Roche de Boeuf and Wolf rapids, it is agreed that there shall be reserved for the use of Wau be ga kake (one of the chiefs) for three years only, from the signing of this convention, a section of land below and adjoining the section granted to and occupied by Yellow Hair or Peter Minor; and also there is reserved in like manner and for the term of three years, and no longer, for the use of Muck-qui-on-a, or Bearskin, one section and a half, below Wolf rapids, and to include his present residence and improvements. And it is also agreed that the said Bearskin shall have the occupancy of a certain small island in the Maumee river, opposite his residence, where he now raises corn, which island belongs to the United States, and is now unsold; but the term of this occupancy is not guaranteed for three years; but only so long as the President shall think proper to reserve the same from sale. And it is further understood, that any of the temporary reservations made by this article, may be surveyed and sold by the United States, subject to the occupancy of three years, hereby granted to the aforesaid Indians.

Grants to H. Thebault and

Article XIV. At the request of the chiefs of Roche de Boeuf and Wolf rapids, there is hereby granted to Hiram Thebeault (a half blooded Ottoway,) a quarter section of land, to contain one hundred and sixty acres and to include his present improvements at the Bear rapids of the Miami of the Lake. Also, one quarter section of land, to contain

W. McNabb.

like quantity, to William McNabb, (a half blooded Ottoway,) to adjoin the quarter section granted to Hiram Thebeault. In surveying the above reservations, no greater front is to be given on the river, than would properly belong to said quarter sections, in the common manner of surveying the public lands.

Grant to children of Peter Minor.

Article XV. At the request of the chiefs of Roche de Boeuf and Wolf rapids, there is granted to the children of Yellow Hair, (or Peter Minor,) one half section of land, to contain three hundred and twenty acres, to adjoin the north line of the section of land now held by said Peter Minor, under patent from the President of the United States, bearing date the 24th of November, 1827, and the lines are not to approach nearer than one mile to the Miami river of the Lake.

Claims against Ottawas recognised.

Article XVI. It is agreed by the chiefs of Blanchard’s fork and Oquanoxa’s village, and the chiefs of Roche de Boeuf and Wolf rapids, jointly, that they are to pay out of the surplus proceeds of the several tracts herein ceded by them, equal proportions of the claims against them by John E. Hunt, John Hollister, Robert A. Forsythe, Payne C. Parker, Peter Minor, Theodore E. Phelps, Collister Haskins and S. and P. Carlan. The chiefs aforesaid acknowledge the claim of John E. Hunt to the amount of five thousand six hundred dollars; the claim of John Hollister to the amount of five thousand six hundred dollars; the claim of Robert A. Forsythe to the amount of seven thousand five hundred and twenty-four dollars, in which is included the claims assigned to said Forsythe by Isaac Hull, Samuel Vance, A. Peltier, Oscar White and Antoine Lepoint. They also allow the claim of Payne C. Parker to the amount of five hundred dollars; the claim of Peter Minor to the 363amount of one thousand dollars; the claim of Theodore E. Phelps to the amount of three hundred dollars; the claim of Collister Haskins to the amount of fifty dollars, but the said Haskins claims fifty dollars more as his proper demand: and the claim of S, and P. Carlan to the amount of three hundred and ninety-eight dollars and twenty-five cents. The aforesaid chiefs also allow the claim of Joseph Laronger to the amount of two hundred dollars, and the claim of Daniel Lakin to the amount of seventy dollars. Notwithstanding the above acknowledgments and allowances, it is expressly understood and agreed by the respective parties to this compact, that the several claims in this article, and the items which compose the same, shall be submitted to the strictest scrutiny and examination of the Secretary of War, and the accounting officers of the Treasury Department, and such amount only shall be allowed as may be found just and true.

Article XVII. On the ratification of this convention, the privileges

Privileges by former treaties to cease.

of every description, granted to the Ottoway nation within the State of Ohio, by the treaties under which they hold the reservations of land herein ceded, shall forever cease and determine.

Article XVIII. Whenever the deficiency of five hundred and eighty

Deficiency in annuities for 1830.

dollars, which accrued in the annuities of the Ottoways for 1830, shall be paid, the parties to this convention, residing on Blanchard’s fork and Oquanoxa’s village, shall receive their fair and equitable portion of the same, either at their present or intended residence.

Article XIX. The chiefs signing this convention, also agree, in

Additional claims.

addition to the claims allowed in the sixteenth article thereof, that they owe John Anderson two hundred dollars; and Francis Lavoy two hundred dollars.

Article XX. It is agreed that there shall be allowed to Nau-on-quai-que-zhick,

Allowance to Nau-on-quai-que-zhick.

one hundred dollars, out of the surplus fund accruing from the sales of the lands herein ceded, in consequence of his not owing any debts, and having his land sold, to pay the debts of his brethren.

In testimony whereof, the aforesaid parties to this Convention, have hereunto set their hands and seals at the Indian reserve on the Miami bay of Lake Erie, the day and year above written.

JAMES B. GARDINER.

Ar-taish-nai-wau,

O-quai-nans-a,

Os-cha-no, or Charlo,

Quacint,

Waw-ba-ga-cake,

Che-cauk,

Peton-o-quet,

Oshaw-wa-non,

Pe nais we,

Nau qua ga shoek,

Pe nais won quet,

Pe she keinee,

Cumchaw, (Blanchard’s fork,)

Cum chaw, (Wolf Rapids,)

Sus-sain,

Ca ha yaw,

O sho quene,

Muc-co-tai-pee-nai-see,

O-sage,

Pan tee,

Me san kce,

O mus se nau,

Non dai wan,

E au vaince.

Signed and sealed in the presence of Wm. Walker, Secy. to Commissioner. R. A. Forsyth, Sub. Agt. of Ind. Aff. Henry Conner, Sub-agent. John Anderson. John McDouell. Dan. B. Miller. Levi S. Humphrey. James H. Forsyth. William Wilson. Lambert Cauchois. Geo. B. Knaggs. J. J. Godfrey.

To the Indian names are subjoined a mark and seal.

364 TREATY WITH THE WYANDOTS. 1832.

I do hereby certify that each article of the foregoing convention was fairly interpreted and fully explained by me to the chiefs head men and warriors who have signed the same.

HENRY CONNER, Interpreter.

Jan. 19, 1832 Agreement 7 Stat. 364 ARTICLES OF AGREEMENT AND CONVENTION

Jan. 19, 1832.

Proclamation, April 6, 1832.

Made and concluded at McCutcheonsville, Crawford county, Ohio, on the nineteenth day of January, 1832, by and between James B. Gardiner, specially appointed commissioner on the part of the United States, and the Chiefs, Headmen and Warriors of the band of Wyandots, residing at the Big Spring, in said county of Crawford, and owning a reservation of 16,000 acres at that place.

Whereas the said band of Wyandots have become fully convinced that, whilst they remain in their present situation in the State of Ohio, in the vicinity of a white population, which is continually increasing and crowding around them, they cannot prosper and be happy, and the morals of many of their people will be daily becoming more and more vitiated—And understanding that the Government of the United States is willing to purchase the reservation of land on which they reside, and for that purpose have deputed the said James B. Gardiner as special commissioner to treat for a cession of the same:—Therefore, to effect the aforesaid objects, the said Chiefs, Headmen and Warriors, and the said James B. Gardiner, have this day entered into and agreed upon the following articles of convention.

Cession of land to U. S.

Article I. The band of Wyandots residing at the Big Spring in the county of Crawford, and State of Ohio, do hereby forever cede and relinquish to the United States the reservation of sixteen thousand acres of land, granted to them by the second article of the treaty made at St.

Ante, p. 178.

Mary’s, on the seventeenth day of September, eighteen hundred and eighteen, which grant is in the following words, to wit: “There shall be reserved for the use of the Wyandots residing at Solomon’s town and on Blanchard’s fork sixteen thousand acres of land, to be laid off in a square form, on the head of Blanchard’s fork, the centre of which shall be at the Big spring, on the road leading from Upper Sandusky to Fort Findlay.”

Sale of land.

Article II. The United States stipulate with the said band of Wyandots that, as soon as practicable after the ratification of this treaty, the aforesaid tract of sixteen thousand acres shall be surveyed into sections and put into market and sold in the ordinary manner of selling the public lands of the United States; and when the same shall be sold, or as soon as any part thereof shall be disposed of, (be the price received therefor more or less) there shall be paid to the chiefs, head-men and warriors, signing this treaty, for the benefit of all the said band of Wyandots, the sum of one dollar and twenty-five cents per acre for each and every acre so sold or for sale. The said price shall be paid in silver, and in the current coin of the United States.

U. S. agree to pay for improvements.

Article III. For the improvements now made upon said reservation the United States agree to pay a fair valuation in money, according to the appraisement of Joseph McCutcheon, Esq. (or such person as the 365Secretary of War may depute for that purpose) and an appraiser to be chosen by the said band of Wyandots. And in case the said appraisers shall not be able to agree upon any of their valuations, they shall call to their assistance some competent citizen of the county of Crawford.

Article IV. There shall [be] reserved for Roe-nu-nas, one of the

Reservation for Roe-nu-nae.

oldest chiefs of said band, one half section, to contain three hundred and twenty acres, and to include the improvements where he now lives.

Article V. It is expressly understood between the present contracting

Removal.

parties, that the said band of Wyandots may, as they think proper, remove to Canada, or to the river Huron in Michigan, where they own a reservation of land, or to any place they may obtain a right or privilege from other Indians to go.

Article VI.(*) * After signing, it was mutually agreed to expunge this article. It was expressly agreed before the signing of this treaty, that that part of the fifth article relating to the granting to the said band of Wyandots lands west of the Mississippi, and every other article in relation thereto is wholly null and void, and of no effect.

Article VII. Inasmuch as the band of Wyandots, herein treating,

Special sub-agent.

have separated themselves from the Wyandots at Upper Sandusky and on the Sandusky plains, they ask of the General Government that there may be a special sub-agent and protector appointed for them whilst they remain in the State of Ohio, and they respectfully recommend Joseph McCutcheon, Esq. of the county of Crawford, as a fit and proper person to act in such capacity; and that he may have the power to employ such interpreter as he may think proper in his intercourse with said band.

The aforesaid articles of agreement shall be mutually binding upon

Treaty binding when ratified.

the present contracting parties, when ratified by the President of the United States, by and with the consent of the Senate thereof.

J. B. GARDINER.

Roe-nu-nas,

Bear-skin,

Shi-a-wa, or John Solomon,

John McLean,

Matthew Grey eyes,

Isaac Driver,

John D. Brown,

Alex. Clarke.

Done in presence of C. Clarke, Secretary to the Commissioner. Joseph McCutcheon, J. P. in the county of Crawford, Ohio. John C. Dewit. Richard Reynolds. G. W. Sampson.

To the Indian names are subjoined marks.

explanation.

In the first draft of this treaty, provision was made for the removal of the band west of the Mississippi, but they refused to accept of a grant of land, or to remove there, and the articles having relation thereto were accordingly omitted, it was therefore necessary to omit the 6th article; and circumstances did not admit of time to remodel and copy the whole treaty.

J. B. GARDINER, Special Commissioner, &c.

March 24, 1832 Treaty 7 Stat. 366 ARTICLES OF A TREATY

March 24, 1832.

Proclamation, April 4, 1832.

Made at the City of Washington between Lewis Cass, thereto specially authorized by the President of the United States, and the Creek tribe of Indians.

Cession of land by the Indians.

Article I. The Creek tribe of Indians cede to the United States all their land, East of the Mississippi river.

Land to be surveyed, &c. 1837, ch. 41. 1838, ch. 161.

Article II. The United States engage to survey the said land as soon as the same can be conveniently done, after the ratification of this treaty, and when the same is surveyed to allow ninety principal Chiefs of the Creek tribe to select one section each, and every other head of a Creek family to select one half section each, which tracts shall be re served from sale for their use for the term of five years, unless sooner disposed of by them. A census of these persons shall be taken under the direction of the President and the selections shall be made so as to include the improvements of each person within his selection, if the same can be so made, and if not, then all the persons belonging to the same town, entitled to selections, and who cannot make the same, so as to include their improvements, shall take them in one body in a proper form. And twenty sections shall be selected, under the direction of the President for the orphan children of the Creeks, and divided and re tained or sold for their benefit as the President may direct. Provided however that no selections or locations under this treaty shall be so made as to include the agency reserve.

Conveyances.

Article III. These tracts may be conveyed by the persons selecting the same, to any other persons for a fair consideration, in such manner as the President may direct. The contract shall be certified by some person appointed for that purpose by the President, but shall not be valid ’till the President approves the same. A title shall be given by the United States on the completion of the payment.

Land patents.

Article IV. At the end of five years, all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee simple, from the United States.

Intruders.

Article V. All intruders upon the country hereby ceded shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country’ is surveyed, and the selections made; excepting however from this provision those white persons who have made their own improvements, and not expelled the Creeks from theirs. Such persons may remain ’till their crops are gathered. After the country is surveyed and the selections made, this article shall not operate upon that part of it not included in such selections. But intruders shall, in the manner before described, be removed from these selections for the term of five years from the ratification of this treaty, or until the same are conveyed to white persons.

Additional locations.

Article VI. Twenty-nine sections in addition to the foregoing may be located, and patents for the same shall then issue to those persons, being Creeks, to whom the same may be assigned by the Creek tribe. But whenever the grantees of these tracts possess improvements, such tracts shall be so located as to include the improvements, and as near as may be in the centre. And there shall also be granted by patent to 366 TREATY WITH THE CREEKS. 1832.367Benjamin Marshall, one section of land, to include his improvements on the Chatahoochee river, to be bounded for one mile in a direct line along the said river, and to run back for quantity. There shall also be granted to Joseph Bruner a coloured man, one half section of land, for bis services as an interpreter.

Article VII. All the locations authorised by this treaty, with the

Locations, how to be made.

exception of that of Benjamin Marshall shall be made in conformity with the lines of the surveys; and the Creeks relinquish all claim for improvements.

Article VIII. An additional annuity of twelve thousand dollars

Additional annuity to Creeks.

shall be paid to the Creeks for the term of five years, and thereafter the said annuity shall be reduced to ten thousand dollars, and shall be paid for the term of fifteen years. All the annuities due to the Creeks shall be paid in such manner as the tribe may direct.

Article IX. For the purpose of paying certain debts due by the

Consideration for improvements.

Creeks, and to relieve them in their present distressed condition, the sum of one hundred thousand dollars, shall be paid to the Creek tribe, as soon as may be after the ratification hereof, to be applied to the payment of their just debts, and then to their own relief, and to be distributed as they may direct, and which shall be in full consideration of all improvements.

Article X. The sum of sixteen thousand dollars shall be allowed

Expenses of delegation.

as a compensation to the delegation sent to this place, and for the payment of their expenses, and of the claims against them.

Article XI.

The following claims shall be paid by the United

U. S. to pay certain claims.

States.

For ferries, bridges and causeways, three thousand dollars, provided that the same shall become the property of the United States.

For the payment of certain judgments obtained against the chiefs eight thousand five hundred and seventy dollars.

For losses for which they suppose the United States responsible, seven thousand seven hundred and ten dollars.

For the payment of improvements under the treaty of 1826 one thousand dollars.

The three following annuities shall be paid for life.

Annuities.

To Tuske-hew-haw-Cusetaw two hundred dollars.

To the Blind Uchu King one hundred dollars.

To Neah Mico one hundred dollars.

There shall be paid the sum of fifteen dollars, for each person who has emigrated without expense to the United States, but the whole sum allowed under this provision shall not exceed fourteen hundred dollars.

There shall be divided among the persons, who suffered in consequence of being prevented from emigrating, three thousand dollars.

The land hereby ceded shall remain as a fund from which all the foregoing payments except those in the ninth and tenth articles shall be paid.

Article XII. The United States are desirous that the Creeks should

Removal of Creeks.

remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed, that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes—Provided however,

Proviso.

that this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please.

368 TREATY WITH THE SEMINOLES. 1832.

Presents to emigrants.

Article XIII. There shall also be given to each emigrating warrior a rifle, moulds, wiper and ammunition and to each family one blanket. Three thousand dollars, to be expended as the President may direct, shall be allowed for the term of twenty years for teaching their children.

Blacksmiths.

As soon as half their people emigrate, one blacksmith shall be allowed them, and another when two thirds emigrate, together with one ton of iron and two hundred weight of steel annually for each blacksmith.—These blacksmiths shall be supported for twenty years.

Creek country west of the Mississippi.

Article XIV. The Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians, nor shall any State or Territory ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves, so far as may be compatible with the general jurisdiction which Congress may think proper to exercise over them. And the United Stales will also defend them from the unjust hostilities of other Indians, and will also as soon as the boundaries of the Creek country West of the Mississippi are ascertained, cause a patent or grant to be executed to the Creek tribe;

1830, ch. 148.

agreeably to the 3d section of the act of Congress of May 2d, [28,] 1830, entitled “An act to provide for an exchange of lands with the Indians residing in any of the States, or Territories, and for their removal West of the Mississippi.”

Treaty obligatory when ratified.

Article XV. This treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the United States.

In testimony whereof the said Lewis Cass, and the undersigned Chiefs of the said tribe have hereunto set their hands at the City of Washington, this 24th day of March, A. D. 1832.

LEW: CASS.

Opothleholo,

Tuchebatcheehadgo,

Efiematla,

Tuchebatche Micco,

Tomack Micco,

William McGilvery,

Benjamin Marshall.

In the presence of Samuel Bell, William R. King, John Tipton, William Wilkins, C. C. Clay, J. Speight, Samuel W. Mardis, J. C. Isacks, John Crowell, I. A. Interpreters, Benjamin Marshall, Thomas Carr, John H. Brodnax.

To the Indian names are subjoined marks.

May 9, 1832 Treaty 7 Stat. 365 TREATY WITH THE SEMINOLES.

May 9, 1832.

Proclamation, April 12, 1834.

The Seminole Indians, regarding with just respect, the solicitude manifested by the President of the United States for the improvement of their condition, by recommending a removal to a country more suitable to their habits and wants than the one they at present occupy in the Territory of Florida, are willing that their confidential chiefs, Jumper, Fuck-a-lus-ti-had-jo, Charley Emartla, Coi-had-jo, Holati-Emartla, Ya-ha-hadjo, Sam Jones, accompanied by their agent Major Phagan, and their faithful interpreter Abraham, should be sent at the expense of the United States as early as convenient to examine the country assigned to the Creeks west of the Mississippi river, and should they be satisfied with the character of that country, and of the favor able disposition of the Creeks to reunite with the Seminoles as one 369people; the articles of the compact and agreement, herein stipulated at Payne’s landing on the Ocklewaha river, this ninth day of May, one thousand eight hundred and thirty-two, between James Gadsden, for and in behalf of the Government of the United States, and the undersigned chiefs and head-men for and in behalf of the Seminole Indians, shall be binding on the respective parties.

Article I. The Seminole Indians relinquish to the United States,

Cession to the U. S. of lands in Florida, &c.

all claim to the lands they at present occupy in the Territory of Florida, and agree to emigrate to the country assigned to the Creeks, west of the Mississippi river; it being understood that an additional extent of territory, proportioned to their numbers, will be added to the Creek country, and that the Seminoles will be received as a constituent part of the Creek nation, and be re-admitted to all the priviledges as members of the same.

Article II. For and in consideration of the relinquishment of claim

$15,400 to be paid by U. S.

in the first article of this agreement, and in full compensation for all the improvements, which may have been made on the lands thereby ceded; the United States stipulate to pay to the Seminole Indians, fifteen thousand, four hundred (15,400) dollars, to be divided among the chiefs and warriors of the several towns, in a ratio proportioned to their population, the respective proportions of each to be paid on their arrival in the country they consent to remove to; it being understood that their faithful interpreters Abraham and Cudjo shall receive two hundred dollars each of the above sum, in full remuneration for the improvements to be abandoned on the lands now cultivated by them.

Article III. The United States agree to distribute as they arrive at

Blankets, &c. to be supplied.

their new homes in the Creek Territory, west of the Mississippi river, a blanket and a homespun frock, to each of the warriors, women and children of the Seminole tribe of Indians.

Article IV. The United States agree to extend the annuity for the

Blacksmith.

support of a blacksmith, provided for in the sixth article of the treaty at Camp Moultrie for ten (10) years beyond the period therein stipulated, and in addition to the other annuities secured under that treaty; the United States agree to pay the sum of three thousand (3,000) dollars a

Annuity.

year for fifteen (15) years, commencing after the removal of the whole tribe; these sums to be added to the Creek annuities, and the whole amount to be so divided, that the chiefs and warriors of the Seminole Indians may receive their equitable proportion of the same as members of the Creek confederation—

Article V. The United States will take the cattle belonging to the

Cattle to be valued.

Seminoles at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money to the respective owners, after their arrival at their new homes; or other cattle such as maybe desired will be furnished them, notice being given through their agent of their wishes upon this subject, before their removal, that time may be afforded to supply the demand.

Article VI. The Seminoles being anxious to be relieved from repeated

Demands for slaves to be settled.

vexatious demands for slaves and other property, alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes; the United States stipulate to have the same property investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand (7,000) dollars.—

Article VII. The Seminole Indians will remove within three (3)

Indiana to remove within three years.

years after the ratification of this agreement, and the expenses of their 370TREATY WITH THE WINNEBAGOES. 1832.removal shall be defrayed by the United States, and such subsistence shall also be furnished them for a term not exceeding twelve (12) months, after their arrival at their new residence; as in the opinion of the President, their numbers and circumstances may require, the emigration to commence as early as practicable in the year eighteen hundred and thirty-three (1833,) and with those Indians at present occupying the Big swamp, and other parts of the country beyond the limits as defined in the second article of the treaty concluded at Camp Moultrie creek, so that the whole of that proportion of the Seminoles may be removed within the year aforesaid, and the remainder of the tribe, in about equal proportions, during the subsequent years of eighteen hundred and thirty-four and five, (1834 and 1835.)—

In testimony whereof, the commissioner James Gadsden and the undersigned chiefs and head-men of the Seminole Indians, have hereunto subscribed their names and affixed their seals—Done at Camp at Payne’s landing on the Ocklewaha river in the Territory of Florida on this ninth day of May, one thousand eight hundred and thirty-two, and of the Independence of the United States of America the fifty-sixth.

JAMES GADSDEN, (l. s.)

Holati Emartla,

Jumper,

Fuck-la-lus-ta Hadjo,

Charley Emartla,

Coa Hadjo,

Ar-pi-uck-i, or Sam Jones,

Ya-ha Hadjo,

Meco-Noha,

Tokose-Emarlla, or Jno. Hicks,

Cat-sha-Tusta-nuck-i,

Hola-at-a-Meco,

Hitch-it-i-Meco,

E-ne-bah,

Ya-ha-emartla Chup-ko,

Moke-his-she-lar-ni.

Witnesses:—Douglas Vass, Secretary to Commission. John Phagan, Agent. Stephen Richards, Inpt. Abraham, Interpreter. Cadjo, Interpreter. Erastus Rogers. B. Joscan.

To the Indian names are subjoined marks.

Sept. 15, 1832 Treaty 7 Stat. 370 ARTICLES OF A TREATY

Sept. 15, 1832.

Proclamation, Feb. 13, 1833.

Made and concluded, at Fort Armstrong, Rock Island, Illinois, between the United States of America, by their Commissioners, Major General Winfield Scott of the United States’ Army, and his Excellency John Reynolds, Governor of the State of Illinois, and the Winnebago nation of Indians, represented in general Council by the undersigned Chiefs, Headmen, and Warriors.

Cession to the United Slates.

Article I. The Winnebago nation hereby cede to the United States, forever, all the lands, to which said nation have title or claim, lying to the south and east of the Wisconsin river, and the Fox river of Green Bay; bounded as follows, viz: beginning at the mouth of the Pee-kee-tol a-ka river; thence up Rock river to its source; thence, with a line dividing the Winnebago nation from other Indians east of the Winnebago lake, to the Grande Chute; thence, up Fox river to the Winnebago lake, and with the northwestern shore of said lake, to the inlet of Fox river; thence, up said river to lake Pnckaway, and with the eastern shore of the same to its most southeasterly bend; thence with the line of a purchase made of the Winnebago nation, by the treaty at Prairie 371du Chêne, the first day of August, one thousand eight hundred and twenty-nine, to the place of beginning.

Article II. In part consideration of the above cession, it is hereby

Cession by the United States.

stipulated and agreed, that the United States grant to the Winnebago nation, to be held as other Indian lands are held, that part of the tract of country on the west side of the Mississippi, known, at present, as the Neutral ground, embraced within the following limits, viz: beginning on the west bank of the Mississippi river, twenty miles above the mouth of the upper loway river, where the line of the lands purchased of the Sioux Indians, as described in the third article of the treaty of Prairie du Chien, of the fifteenth day of July, one thousand eight hundred and

Ante, p. 328.

thirty, begins; thence, with said line, as surveyed and marked, to the eastern branch of the Red Cedar creek, thence, down said creek, forty miles, in a straight line, but following its windings, to the line of a purchase, made of the Sac and Fox tribes of Indians, as designated in the second article of the before recited treaty; and thence along the southern line of said last mentioned purchase, to the Mississippi, at the point marked by the surveyor, appointed by the President of the United States, on the margin of said river; and thence, up said river, to the place of beginning. The exchange of the two tracts of country to take place on or before the first day of June next; that is to say, on or before that day, all the Winnebagoes now residing within the country ceded by them, as above, shall leave the said country, when, and not before, they shall be allowed to enter upon the country granted by the United States, in exchange.

Article III. But, as the country hereby ceded by the Winnebago

Annuity for 37 years.

nation is more extensive and valuable than that given by the United States in exchange; it is further stipulated and agreed, that the United Slates pay to the Winnebago nation, annually, for twenty-seven successive years, the first payment to be made in September of the next year, the sum of ten thousand dollars, in specie; which sum shall be paid to the said nation at Prairie du Chien, and Fort Winnebago, in sums proportional to the numbers residing most conveniently to those places respectively.

Article IV. It is further stipulated and agreed, that the United

School to be established and supported by the U. S.

States shall erect a suitable building, or buildings, with a garden, and a field attached, somewhere near Fort Crawford, or Prairie du Chien, and establish and maintain therein, for the term of twenty-seven years, a school for the education, including clothing, board, and lodging, of such Winnebago children as may be voluntarily sent to it: the school to be conducted by two or more teachers, male and female, and the said children to be taught reading, writing, arithmetic, gardening, agriculture, carding, spinning, weaving, and sewing, according to their ages and sexes, and such other branches of useful knowledge as the President of the United States may prescribe: Provided, That the annual cost of

Proviso.

the school shall not exceed the sum of three thousand dollars. And, in order that the said school may be productive of the greatest benefit to the Winnebago nation, it is hereby subjected to the visits and inspections of his Excellency the Gouvernor of the State of Illinois for the time being; the United States’ General Superintendents of Indian affairs; of the United States’ agents who may be appointed to reside among the Winnebago Indians, and of any officer of the United States’ Army, who may be of, or above the rank of Major: Provided, That the commanding officer of Fort Crawford shall make such visits and inspections frequently, although of an inferior rank.

Article V. And the United States further agree to make to the

Annual allowance for 27 years.

said nation of Winnebago Indians the following allowances, for the 372period of twenty-seven years, in addition to the considerations herein before stipulated; that is to say: for the support of six agriculturists, and the purchase of twelve yokes of oxen, ploughs, and other agricultural implements, a sum not exceeding two thousand five hundred dollars per annum; to the Rock river band of Winnebagoes, one thousand five hundred pounds of tobacco, per annum; for the services and attendance of a physician at Prairie du Chien, and of one at Fort Winnebago, each, two hundred dollars, per annum. Blacksmith’s shop.

Article VI. It is further agreed that the United States remove and maintain, within the limits prescribed in this treaty, for the occupation of the Winnebagoes, the blacksmith’s shop, with the necessary tools, iron, and steel, heretofore allowed to the Winnebagoes, on the waters of the Rock river, by the third article of the treaty made with the

Ante, p. 323.

Winnebago nation, at Prairie du Chien, on the first day of August, one thousand eight hundred and twenty nine.

Rations of bread, &c.

Article VII. And it is further stipulated and agreed by the United States, that there shall be allowed and issued to the Winnebagoes, required by the terms of this treaty to remove within their new limits, soldiers’ rations of bread and meat, for thirty days: Provided, That the whole number of such rations shall not exceed sixty thousand.

Payment to be made by U. S. to certain individuals.

Article VIII.

The United States, at the request of the Winnebago nation of Indians, aforesaid, further agree to pay, to the following named persons, the sums set opposite their names respectively, viz:

To Joseph Ogee, two hundred and two dollars and fifty cents,

To William Wallace, four hundred dollars, and

To John Dougherty, four hundred and eighty dollars; amounting, in all, to one thousand and eighty-two dollars and fifty cents, which sum is in full satisfaction of the claims brought by said persons against said Indians, and by them acknowledged to be justly due.

Individuals to be delivered up to U. S.

Article IX. On demand of the United States’ Commissioners, it is expressly stipulated and agreed, that the Winnebago nation shall promptly seize and deliver up to the commanding officer of some United States’ military post, to be dealt with according to law, the following individual Winnebagoes, viz: Koo-zee-ray-Kaw, Moy-che-nun-Kaw, Tshik-o-ke-maw-kaw, Ah-hun-see-kaw, and Waw-zee-ree-kay-hee-wee-kaw, who are accused of murdering, or of being concerned in the murdering of certain American citizens, at or near the Blue mound, in the territory of Michigan; Nau-saw-nay-he-kaw, and Toag-ra-naw-koo-ray-see-ray-kaw; who are accused of murdering, or of being concerned in murdering, one or more American citizens, at or near Killogg’s Grove, in the State of Illinois; and also Waw-kee-aun-shaw and his son, who wounded, in attempting to kill, an American soldier, at or near Lake Kosh-ke-nong, in the said territory; all of which offences were committed in the course of the past spring and summer. And till these several stipulations are faithfully complied with by the Winnebago nation, it is further agreed that the payment of the annuity of ten thousand dollars, secured by this treaty, shall be suspended.

Lands to be granted by U.S.

Article X. At the special request of the Winnebago nation, the United States agree to grant, by patent, in fee simple, to the following named persons, all of whom are Winnebagoes by blood, lands as follows: To Pierre Paquette, three sections; to Pierre Paquette, junior, one section; to Therese Paquette one section; and to Caroline Harney, one section. The lands to be designated under the direction of the President of the United States, within the country herein ceded by the Winnebago nation.

373

Article XI. In order to prevent misapprehensions that might disturb

Winnebagoes not to hunt, &c. in country ceded.

peace and friendship between the parties to this treaty, it is expressly understood that no band or party of Winnebagoes shall reside, plant, fish, or hunt after the first day of June next, on any portion of the country herein ceded to the United States.

Article XII. This treaty shall be obligatory on the contracting parties,

Treaty binding when ratified.

after it shall be ratified by the President and Senate of the United States.

Done at Fort Armstrong, Rock Island, Illinois, this fifteenth day of September, one thousand eight hundred and thirty-two.

WINFIELD SCOTT, JOHN REYNOLDS.

Prairie du Chien Deputation.

Tshee-o-nuzh-ee-kaw, war chief, (Kar-ray-mau-nee).

Wau-kaun-hah-kaw, or snake skin, (Day-kan-ray),

Khay-rah-tshoan-saip-kaw, or Black Hawk,

Wah-kaun-kaw, or snake,

San-sau-mau-nee-kaw, or he who walks naked,

Hoantsh-skaw-skaw, or white bear,

Hoo-tshoap-kaw, or four legs,

Mau-hee-her-kar-rah, or flying cloud, son of Dog Head,

Tshah-shee-rah-wau-kaw, or he who takes the leg of a deer in his mouth,

Mau-kee-wuk-kaw, or cloudy,

Ho-rah-paw-kaw, or eagle head,

Pash-kay-ray-kaw, or fire holder,

Eezhook-hal-tay-kaw, or big gun,

Mau-wau-ruck, or the muddy,

Mau-shoalsh-kaw, or blue earth,

Wee-tshah-un-knk, or forked tail,

Ko-ro-ko-ro-hee-knw, or bell,

Haun-heigh-kee-paw-kaw, or the night that meets.

Wau-kaun-nig-ee-nik, or little snake,

Fort Winnebago deputation.

Hee-tshah-wau-saip-skaw-skaw, or white war eagle, De-kaw-ray sr.,

Hoo-wau-nee-kaw, or little elk, (orator) one of the Kay-ra-men-nees,

Wau-kaun-tshah-hay-ree-kaw, or roaring thunder, Four legs nephew,

Mau-nah-pey-kaw, or soldier, (Black Wolf’s son),

Wau-kaun-tshah-ween-kaw, or whirling thunder,

Mau-nee-ho-no-nik, or little walker, son of Fire brand,

To-shun-uk-ho-no-nik, or tittle otter, son of Sweet Corn,

Tshah-tshun-hat-tay-kaw, or big wave, son of Clear Sky.

Rock River deputation.

Kau-ree-kaw-see-kaw, white crow, (the blind),

Wau-kaun-ween-kaw or whirling thunder,

Mo-rah-tshay-kaw, or little priest,

Mau-nah-pey-kaw, or soldier,

Ho-rah-hoank-kaw, or war eagle,

Nautsh-kay-peen-kaw, or good heart,

Keesh-koo-kaw,

Wee-tshun-kaw, or goose,

Hoo-wav-skaw, or white elk,

Hay-noamp-kaw, or two horns,

Hauk-kay-kaw, or screamer,

Ee-nee-wonk-shik-kaw, or stone man.

Signed in presence of, R. Bache, Captain Ord. Secretary to the Commission. Jos. M. Street, United States Indian Agent John H. Kiuzie, Sub Agt. Indian Affairs. Abrm. Eustis. H. Dodge, Major U. S. Rangers. Alexr. R. Thompson, Major United States Army. William Harvey, Capt. 1st Infantry. E. Kirby, Paymaster United States Army. Albion T. Crow. John Marsh. Pierre Paquette, Interpreter. P. H. Galt, Assistant Adjutant General. S. W. Wilson. Benj. F. Pike. J. B. F. Russell, Captain 5th Infantry. S. Johnson, Captain 2d Infantry. John Clitz, Adj. 2d Infantry. Jno. Pickell, Lieutenant 4th Artillery. A. Dranc, A. Qr. U. S. A. J. R. Smith, 1st Lieutenant 2d Infantry. H. Day, Lieutenant 2d Infantry. William Maynadier, Lieutenant and A. D. C. P. G. Hambaugh. S. Burbank, Lieutenant 1st Infantry. J. H. Prentiss, Lieutenant 1st Artillery. E. Rose, Lieutenant 3d Artillery. L. J. Beall, Lieutenant 1st Infantry. Antoine Le Clure.

To the Indian names are subjoined marks.

Sept. 21, 1832 Treaty 7 Stat. 374 ARTICLES OF A TREATY OF PEACE, FRIENDSHIP AND CESSION,

Sept. 21, 1832.

Proclamation, Feb. 13, 1833.

Concluded at Fort Armstrong, Rock Island, Illinois, between the United States of America, by their Commissioners, Major General Winfield Scott, of the United States Army, and his Excellency John Reynolds, Governor of the Slate of Illinois, and the confederated tribes of Sac and Fox Indians, represented, in general Council, by the undersigned Chiefs, Headmen and Warriors.

Whereas, under certain lawless and desperate leaders, a formidable band, constituting a large portion of the Sac and Fox nation, left their country in April last, and, in violation of treaties, commenced an unprovoked war upon unsuspecting and defenceless citizens of the United States, sparing neither age nor sex; and whereas, the United States, at a great expense of treasure, have subdued the said hostile band, killing or capturing all its principal Chiefs and Warriors—the said States, partly as indemnity for the expense incurred, and partly to secure the future safety and tranquillity of the invaded frontier, demand of the said tribes, to the use of the United States, a cession of a tract of the Sac and Fox country, bordering on said frontier, more than proportional to the numbers of the hostile band who have been so conquered and subdued.

Cession to the United States.

Article I. Accordingly, the confederated tribes of Sacs and Foxes hereby cede to the United States forever, all the lands to which the said tribes have title, or claim, (with the exception of the reservation herein after made,) included within the following bounds, to wit; Beginning on the Mississippi river, at the point where the Sac and Fox northern boundary line, as established by the second article of the treaty of Prairie du Chien, of the fifteenth of July, one thousand eight hundred and thirty, strikes said river; thence, up said boundary line to a point fifty miles from the Mississippi, measured on said line; thence, in a right line to the nearest point on the Red Cedar of the loway, forty miles from the Mississippi river; thence, in a right line to a point in the northern boundary line of the State of Missouri, fifty miles, measured on said boundary, from the Mississippi river; thence, by the last mentioned boundary to the Mississippi river, and by the western shore of

Agreement to remove, &c.

said river to the place of beginning. And the said confederated tribes of Sacs and Foxes hereby stipulate and agree to remove from the lands herein ceded to the United States, on or before the first day of June next; and, in order to prevent any future misunderstanding, it is expressly understood, that no band or party of the Sac or Fox tribes shall reside, plant, fish, or hunt on any portion of the ceded country after the period just mentioned.

Reservation.

Article II. Out of the cession made in the preceding article, the United States agree to a reservation for the use of the said confederated tribes, of a tract of land containing four hundred square miles, to be laid off under the directions of the President of the United States, from the boundary line crossing the loway river, in such manner that nearly an equal portion of the reservation may be on both sides of said river, 374 TREATY WITH THE SACS AND FOXES. 1832.375and extending downwards, so as to include Ke-o-kuck’s principal village on its right bank, which village is about twelve miles from the Mississippi river.

Article III. In consideration of the great extent of the foregoing

Annuity.

cession, the United States stipulate and agree to pay to the said confederated tribes, annually, for thirty successive years, the first payment to be made in September of the next year, the sum of twenty thousand dollars in specie.

Article IV. It is further agreed that the United States shall establish

Blacksmith and gunsmith’s shop, &c.

and maintain within the limits, and for the use and benefit of the Sacs and Foxes, for the period of thirty years, one additional black and gun smith shop, with the necessary tools, iron and steel; and finally make a yearly allowance for the same period, to the said tribes, of forty kegs of tobacco, and forty barrels of salt, to be delivered at the mouth of the Ioway river.

Article V. The United States, at the earnest request of the said

Payment to Farnham & Davenport.

confederated tribes, further agree to pay to Farnham and Davenport, Indian traders at Rock Island, the sum of forty thousand dollars without interest, which sum will be in full satisfaction of the claims of the said traders against the said tribes, and by the latter was, on the tenth day of July, one thousand eight hundred and thirty-one, acknowledged to be justly due, for articles of necessity, furnished in the course of the seven preceding years, in an instrument of writing of said date, duly signed by the Chiefs and Headmen of said tribes, and certified by the late Felix St. Vrain, United States’ agent, and Antoine Le Claire, United States’ Interpreter, both for the said tribes.

Article VI. At the special request of the said confederated tribes,

Grant to A. Le Claire.

the United States agree to grant, by patent, in fee simple, to Antoine Le Claire, Interpreter, a part Indian, one section of land opposite Rock Island, and one section at the head of the first rapids above said Island, within the country herein ceded by the Sacs and Foxes.

Article VII. Trusting to the good faith of the neutral bands of Sacs

Delivery of prisoners by the United States.

and Foxes, the United States have already delivered up to those bands the great mass of prisoners made in the course of the war by the United States, and promise to use their influence to procure the delivery of other Sacs and Foxes, who may still be prisoners in the hands of a band of Sioux Indians, the friends of the United States; but the following named prisoners of war, now in confinement, who were Chiefs and

Hostages.

Headmen, shall be held as hostages for the future good conduct of the late hostile bands, during the pleasure of the President of the United States, viz:—Muk-ka-ta-mish-a-ka-kaik (or Black Hawk) and his two sons; Wau-ba-kee-shik (the Prophet) his brother and two sons; Napope; We-sheet Ioway; Pamaho; and Cha-kee-pa-shi-pa-ho (the little stabbing Chief.)

Article VIII. And it is further stipulated and agreed between the

Hostile bands to be divided.

parties to this treaty, that there shall never be allowed in the confederated Sac and Fox nation, any separate band, or village, under any chief or warrior of the late hostile bands; but that the remnant of the said hostile bands shall be divided among the neutral bands of the said tribes according to blood—the Sacs among the Sacs, and the Foxes among the Foxes.

Article IX. In consideration of the premises, peace and friendship

Peace and friendship.

are declared, and shall be perpetually maintained between the United States and the whole confederated Sac and Fox nation, excepting from the latter the hostages before mentioned.

Article X. The United States, besides the presents, delivered at the 376

Subsistence furnished by U. S.

signing of this treaty, wishing to give a striking evidence of their mercy and liberality, will immediately cause to be issued to the said confederated tribes, principally for the use of the Sac and Fox women and children, whose husbands, fathers and brothers, have been killed in the late war, and generally for the use of the whole confederated tribes, articles of subsistence as follows:—thirty-five beef cattle; twelve bushels of salt; thirty barrels of pork; and fifty barrels of flour, and cause to be delivered for the same purposes, in the month of April next, at the mouth of the lower Ioway, six thousand bushels of maize or Indian corn.

Present for discovery of mines.

Article XI. At the request of the said confederated tribes, it is agreed that a suitable present shall be made to them on their pointing out to any United States agent, authorised for the purpose, the position or positions of one or more mines, supposed by the said tribes to be of a metal more valuable than lead or iron.

Treaty binding when ratified.

Article XII. This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.

Done at Fort Armstrong, Rock Island, Illinois, this twenty-first day of September, in the year of our Lord one thousand eight hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

WINFIELD SCOTT, JOHN REYNOLDS.

Sacs.

Kee-o-kuck, or He who has been every where,

Pa-she-pa-ho, or the Stabber,

Pia-lshe-noay, or the Noise Maker,

Wawk-kum-mee, or Clear Water,

O-sow-wisb-kan-no, or Yellow Bird,

Pa-ca-tokeo, or Wounded Lip,

Winne-wun-quai-saat, or the Terror of Men,

Mau-noa-tuck, or He who controls many,

Wau-we-au-tun, or the Curling Wave.

Foxes.

Wau-pel-la, or He who is painted white,

Tay-wee-mau, or Medicine Man, (Strawberry)

Pow-sheck, or the Roused Bear,

An-nau-mee, or the Running Fox,

Ma-tow-c-qua, or the Jealous woman,

Mee-shee-wau-quaw, or the Dried Trec,

May-kec-sa-mau-ker, or the Wampum Fish,

Chaw-co-saut, or the Prowler,

Kaw-kaw-kee, or the Crow,

Mau-que-lee, or the Bald Eagle,

Ma-she-na, or Cross Man,

Kaw-kaw-ke-moute, or the Pouch, (running bear)

Wee-shee-kaw-kia-skuck, or He who steps firmly,

Wee-ca-ma, or Good Fish,

Paw-qua-nuey, or the Runner,

Ma-hua-wai-be, or Wolf Skin,

Mis-see-quaw-kaw, or Hairy Neck,

Waw-pee-shaw-kaw, or White Skin

Mash-shen-waw-pee-teh, or Broken Tooth,

Nau-nah-que-kee-shee-ko, or Between Two Days,

Paw-puck-ka-Kaw, or Stealing Fox,

Tay-e-sheek, or the Falling Bear,

Wau-pee-maw-ker, or the White Loon,

Wau-co-sce-nee-mo, or Fox Man.

In presence of R. Beche, Cap. Ord. Sec. to the Commission. Abrm. Eustis. Alex. Cummings, Lt. Col. 2d Infantry. Alex. R. Thompson, Major U. S. Army. B. Riley, Maj. U.S. Army. II. Dodge, Major. W. Campbell. Hy. Wilson. Maj. 4th U. S. Inf. Donald Ward. Thos. Black Wolf. Sexton G. Frazer. P. H. Gall, Ast. Adj. Gen. Benj. F. Pike. Wm. Henry. James Craig. John Aukeney. J. B. F. Russel. Isaac Chambers. John Clitz, Adj. Inf. John Pickell, Lieut. 4th Arty. A. G. Miller, Lt. 1st Inf. Geo. Davenport, Asst. Q. Mas. Gen. Ill. mil. A. Drane. Æneas Mackay, Capt. U. S. Army. I. R. Smith, 1st Lt. 2d Inf. Wm. Maynadier, Lt. and A. D. C. I. L. Gallagher, 1st Lt. A. C. S. N. B. Bennet, Lt. 3d Arty. Horatio A. Wilson, Lt. 4th Arty. H. Day, Lt. 2d Infy. Jas. W. Penrose, Lt. 2d Infy. J. E. Johnson, Lt. 4th Arty. S. Burbank, Lt. 1st Infy. I. H. Prentiss, Lt. 1st Arty. L. I. Beale, Lt. 1st Infy. Addison Philleo. Thomas L. Alexander, Lt. 6th Infy Horace Beale, Actg. Surg. U. S. Army. Oliver W. Kellogg. Jona Leighton, Actg Surg. U. S. Army. Robt C. Buchanan, Lt. 4th Infy. Jas. S. Williams, Lt. 6th Infy. John W. Spencer. Antoine Le Claire, Interpreter.

To the Indian names are subjoined marks.

Oct. 11, 1832 Treaty 7 Stat. 377 TREATY WITH THE APPALACHICOLA BAND.

Oct. 11, 1832.

Proclamation, Feb. 13, 1833.

The undersigned chiefs, for and in behalf of themselves and warriors,

Reservation relinquished to U.S., &c.

Ante, p. 221.

surrender to the United States, all their right, title and interest to a reservation of land made for their benefit, in the additional article of the treatv, concluded at Camp Moultrie, in the Territory of Florida, on the 18th of September, eighteen hundred and twenty-three, and which is described in said article, “as commencing on the Appalachicola, one mile below Tuski Hajo’s improvements, running up said river four miles, thence west two miles, thence southerly to a point due west of the beginning, thence east to the beginning point,” and agree to remove with their warriors and families, now occupying said reservation, and amounting in all to (256) two hundred and fifty-six souls, to the west of the Mississippi river, beyond the limits of the States and Territories of the United States of America.

Article II. For, and in consideration of said surrender, and to meet

Payments by U. S.

the charges of a party to explore immediately the country west in search of a home more suitable to their habits, than the one at present occupied, and in full compensation for all the expenses of emigration, and subsistence for themselves and party: The United Slates agree to pay to the undersigned chiefs, and their warriors, thirteen thousand dollars; three thousand dollars in cash, the receipt of which is herewith acknowledged, and ten thousand dollars whenever they have completed their arrangements, and have commenced the removal of their whole party.

Article III. The undersigned chiefs, with their warriors and families,

Time fixed for evacuation.

will evacuate the reservation of land surrendered by the first article of this agreement, on or before the first of November, eighteen hundred and thirty-three; but should unavoidable circumstances prevent the conclusion of the necessary preparatory arrangements by that time, it is expected that the indulgence of the government of the United States will be reasonably extended for a term, not to exceed however another year.

Article IV. The United States further stipulate to continue to

Annuity to Blunt & Davy.

Blunt and Davy (formerly Tuski Hajo deceased) the Chiefs of the towns now consenting to emigrate, their proportion of the annuity of five thousand dollars which they at present draw, and to which they are entitled under the treaty of Camp Moultrie, so long as they remain in

Ante, p. 224.

the Territory of Florida, and to advance their proportional amount of the said annuity for the balance of the term stipulated for its payment in the treaty aforesaid; whenever they remove in compliance of the terms of this agreement.

In testimony wherefor, the Commissioner, James Gadsden, in behalf of the United States, and the undersigned Chiefs and Warriors have hereunto subscribed their names and affixed their seals.

Done at Tallahassee in the Territory of Florida, this eleventh day of October one thousand eight hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

JAMES GADSDEN, Commissioner, &c. 377 378 TREATY WITH THE POTTAWATIMIES. 1832.

John Blunt,

O Saa-Hajo, or Davy,

Co-ha-thlock-co, or Cochrane.

Witnesses—Wm. P. Duval, Supl. Stephen Richards, Interpreter. Robt. W Williams. R. Lewis. Tho. Brown. James D. Westcott, Jr.

To the Indian names are subjoined marks.

Oct. 20, 1832 Treaty 7 Stat. 378 ARTICLES OF A TREATY,

Oct. 20, 1832.

Proclamation, Jan. 21, 1833.

Made and concluded at Camp Tippecanoe, in the State of Indiana, this twentieth day of October, in the year of our Lord one thousand eight hundred and thirty-two, between Jonathan Jennings, John W. Davis and Marks Crume, Commissioners on the part of the United States of the one part, and the Chiefs and Headmen of the Potawatamie Tribe of Indians of the Prairie and Kaukakee, of the other part.

Cession to the United States.

Article I.

The said Potawatamie Tribe of Indians cede to the United States the tract of land included within the following boundary, viz:

Beginning at a point on Lake Michigan ten miles southward of the mouth of Chicago river; thence, in a direct line, to a point on the Kankakee river, ten miles above its mouth; thence, with said river and the Illinois river, to the mouth of Fox river, being the boundary of a cession made by them in 1816; thence, with the southern boundary of the Indian Territory, to the State line between Illinois and Indiana; thence, north with said line, to Lake Michigan; thence, with the shore of Lake Michigan, to the place of beginning.

Reservations.

Article II.

From the cession aforesaid the following tracts shall be reserved, to wit:

Five sections for Shaw-waw-nas-see, to include Little Rock village.

For Min-e-maung, one section, to include his village.

For Joseph Laughton, son of Wais-ke-shaw, one section, and for Ce-na-ge-wine, one section, both to be located at Twelve Mile Grove, or Na-be-na-qui-nong.

For Claude Laframboise, one section, on Thorn creek.

For Maw-te-no, daughter of Francois Burbonnois, jun. one section, at Soldier’s village.

For Catish, wife of Francis Burbonnois, sen. one section, at Soldier's village.

For the children of Wais-ke-shaw, two sections, to include the small grove of timber on the river above Rock village.

For Jean B. Chevallier, one section, near Rock village; and for his two sisters, Angelique and Josette, one half section each, joining his.

For Me-she-ke-ten-o, two sections, to include his village.

For Francis Le Via, one section, joining Me-she-ke-ten-o.

For the five daughters of Mo-nee, by her last husband, Joseph Bailey, two sections.

For Me-saw-ke-qua and her children, two sections, at Wais-us-kucks’s village.

For Sho-bon-ier, two sections, at his village.

For Josette Beaubien and her children, two sections, to be located on Hickory creek.

For Therese, wife of Joseph Laframboise,,one section; and for Archange Pettier, one section, both at Skunk Grove.

379

For Mau-i-to-qua and son, one half section each; for the children of Joseph Laframboise, one section, at Skunk Grove.

For Washington Burbonnois, one section, joining his mother’s reservation (Calish Burbonnois.)

For Ah-be-te-kezhic, one section, below the State line on the Kaukakee river.

For Nancy, Sally, and Betsey Cotintreman, children of En-do-ga, one section, joining the reserves near Rock village.

For Jacque Jonveau, one section, near the reservation of Me-she-ke-ten-o.

For Wah-pon-seh and Qua-qui-to, five sections each, in the Prairie near Rock village.

The persons to whom the foregoing reservations are made, are all Indians and of Indian descent.

Article III. In consideration of the cession in the first article, the

Annuities.

United Stales agree to pay to the aforesaid Potawatamie Indians, an annuity of fifteen thousand dollars for the term of twenty years. Six hundred dollars shall be paid annually to Billy Caldwell, two hundred dollars to Alexander Robinson, and two hundred dollars to Pierre Le Clerc, during their natural lives.

Article IV.

The sum of twenty-eight thousand seven hundred and

Payment of claims against Indians.

forty-six dollars, shall be applied to the payment of certain claims against the Indians, agreeably to a schedule of the said claims, hereunto annexed.

The United States further agree to deliver to the said Indians, forty-five

Merchandise.

thousand dollars in merchandize immediately after signing this treaty; and also the further sum of thirty thousand dollars in merchandize is hereby stipulated to be paid to them at Chicago in the year 1833.

There shall be paid by the United States, the sum of one thousand

Payments for horses stolen.

four hundred dollars to the following named Indians, for horses stolen from them during the late war, as follows, to wit:

To Pe-quo-no, for two horses, eighty dollars.	$80
To Pa-ca-cha-be, for two ditto, eighty dollars.	80
To Shaw-wa-nas-see, for one ditto, forty dollars.	40
To Francis Sho-bon-nier, for three ditto, one hundred and twenty dollars.	120
To Sho-bon-ier, or Cheval-ier, for one ditto, forty dollars.	40
To Naw-o-kee, for one ditto, forty dollars.	40
To Me-she-ke-ten-o, for one ditto, forty dollars.	40
To Aun-take, for two horses, eighty dollars.	80
To Che-chalk-ose, for one ditto, forty dollars.	40
To Naa-a-gue, for two ditto, eighty dollars.	80
To Pe-she-ka-of-le-beouf, one ditto, forty-dollars.	40
To Naw-ca-a-sho, for four ditto, one hundred and sixty dollars,	160
To Nox-sey, for one ditto, forty dollars.	40
To Ma-che-we-tah, for three ditto, one hundred and twenty dollars.	120
To Masco, for one ditto, forty dollars.	40
To Wah-pou-seh, for one horse, forty dollars.	40
To Waub-e-sai, for three ditto, one hundred and twenty dollars.	120
To Chi-cag, for one ditto, forty dollars.	40
To Mo-swah-en-wah, one ditto, forty dollars.	40
To She-bon-e-go, one ditto, forty dollars.	40
To Saw-saw-wais-kuk, for two ditto, eighty dollars.	80

The said tribe having been the faithful allies of the United States

Permission to hunt and fish.

during the late conflict with the Sacs and Foxes, in consideration 380thereof, the United States agree to permit them to hunt and fish on the lands ceded, as also on the lands of the Government on Wabash and Sangamon rivers, so long as the same shall remain the property of the United States.

In testimony whereof, the Commissioners and the Chiefs, Headmen and Warriors of the said Tribe, have hereunto set their hands, at the place and on the day aforesaid.

JONATHAN JENNINGS. JOHN W. DAVIS. MARKS CRUME.

Ah-be-te-ke-zhic,

Shaw-wa-nas-see,

Wah-pon-seh,

Caw-we-saut,

Shab-e-neai,

Pat-e-go-ahuc,

Aun-take,

Me-she-ke-ten-o,

Shay-tee,

Ce-na-je-wine,

Ne-Bws-bay-o-sity,

Ke-wah-ca-to,

Wai-saw-o-ke-ab,

Chi-cag,

Te-ca-cau-co,

Chah-wee,

Mas-co,

Sho-min,

Car-bon-ca,

O-Gnuse,

Ash-ke-wee,

Ka-qui-tah,

She-mar-gar,

Nar-ga-to-nuc,

Puc-won,

Ne-be-gous,

E-to-wan-a-cote,

Quis-e-wen,

Wi-saw,

Pierish,

Cho-van-in,

Wash-is-kuck,

Ma-sha-wah,

Capt. Heeld,

Man-itoo,

Ke-me-gu-bee,

Pe-shuc-kce,

No-nee,

No-che-ke-se-qua-bee,

She-bon-e-go,

Mix-e-rnaung,

Mah-che-wish-a-wa,

Mac-a-ta-be-na,

Ma-che-we-tah,

Me-gis,

Mo-swa-en-wah,

Ka-che-na-bee,

Wah-be-no-say,

Mash-ca-shuc,

A-bee-shah,

Me-chi-ke-kar-ba,

Nor-or-ka-kee,

Pe-na-o-cart,

Quar-cha-mar,

Francois Cho-van-ier,

Ge-toc-quar,

Me-gwun,

Ma-sha-ware,

Che-co,

So-wat-so,

Wah-be-min.

Signed in the presence of John Tipton. Th. Jo. Owen, U. S. Indian Agent J. B. Beaubien. B. H. Laughton, Interpreter. G. S. Hubbard, Int. William Conner, Int. Thomas Hartzell. Meadore B. Beaubien. James Conner. Henry B. Hoffman.

To the Indian names are subjoined marks.

Horses delivered.

After the signing of this treaty, and at the request of the Indians, three thousand dollars was applied to the purchasing of horses; which were purchased and delivered to the Indians by our direction, leaving the baliance to be paid in merchandize at this time, forty-two thousand dollars.

JONATHAN JENNINGS, J. W. DAVIS, MARKS CRUME, Commissioners.

Claims to be paid.

It is agreed, on the part of the United States, that the following claims shall be allowed, agreeably to the fourth ‘article of the foregoing treaty, viz:

TREATY WITH THE CHICKASAWS. 1832. 381

To Gurdon S. Hubbard, fire thousand five hundred and seventy three dollars.

Samuel Miller, seven hundred and ninety dollars.

John Bt. Bobea, three thousand dollars.

Robert A. Kinzie, four hundred dollars.

Jacque Jombeaux, one hundred and fifty dollars.

Jacque Jombeaux, senior, fifteen hundred dollars.

Medad B. Bobeaux, five hundred and fifty dollars.

Noel Vasier, eighteen hundred dollars.

Joseph Balies, twelve hundred and fifty dollars.

Joseph Shawnier, one hundred and fifty dollars.

Thomas Hartzell, three thousand dollars.

Bernardus H. Lawton, three thousand five hundred dollars

George Walker, seven hundred dollars.

Stephen J. Scott, one hundred dollars.

Cole Weeks, thirty eight dollars.

Timothy B. Clark, one hundred dollars.

George Pettijohn, fifty dollars.

Thomas Forsyth, five hundred dollars.

Antoine Le Clerc, fifty-five dollars.

James B. Campbell, fifty-three dollars.

John W. Blackstone, sixty dollars.

Alexander Robinson, ninety-one dollars.

Francis Bulbona, jr. one thousand dollars.

John Bt. Chevalier six hundred and sixty dollars.

Joseph La Frombois four hundred and forty-one dollars.

Leon Bourasau eight hundred dollars.

Peter Menard, jr. thirty-seven dollars.

Joseph Shoemaker, eighteen dollars.

Tunis S. Wendell one thousand dollars.

F, H. Countraman, forty dollars.

Samuel Morris, one hundred and forty dollars.

William Conner, two thousand dollars.

John B. Bourie, twelve hundred dollars.

JONATHAN JENNINGS, J. W. DAVIS, MARKS CRUME, Commissioners.

Oct. 20, 1832 Treaty 7 Stat. 381 ARTICLES OF A TREATY

Oct. 20, 1832.

Proclamation, March 1, 1833.

Made and entered into between Genl. John Coffee, being duly authorised thereto, by the President of the United States, and the whole Chickasaw Nation, in General Council assembled, at the Council House, on Pontitock Creek on the twentieth day of October, 1832.

The Chickasaw Nation find themselves oppressed in their present

Preamble.

situation; by being made subject to the laws of the States in which they reside. Being ignorant of the language and laws of the white man, they cannot understand or obey them. Rather than submit to this great evil, they prefer to seek a home in the west, where they may live and he governed by their own laws. And believing that they can procure for themselves a home, in a country suited to their wants and condition, 382provided they had the means to contract and pay for the same, they have determined to sell their country and hunt a new home. The President lias heard the complaints of the Chickasaws, and like them be lieves they cannot be happy, and prosper as a nation, in their present situation and condition, and being desirous to relieve them from the great calamity that seems to await them, if they remain as they are—He has sent his Commissioner Genl. John Coffee, who has met the whole Chickasaw nation in Council, and after mature deliberation, they have entered into the following articles, which shall be binding on both parties, when the same shall be ratified by the President of the United States by and with the advice and consent of the Senate.

Cession of lands to U. S.

Article I. For the consideration hereinafter expressed, the Chickasaw nation do hereby cede, to the United States, all the land which they own on the east side of the Mississippi river, including all the country where they at present live and occupy.

Ceded lands to be surveyed, &c.

Article II. The United States agree to have the whole country thus ceded,’surveyed, as soon as it can be conveniendy done, in the same manner that the public lands of the United States are surveyed in the States of Mississippi and Alabama, and as soon thereafter as may be practicable, to have the same prepared for sale. The President of the United States will then offer the land for sale at public auction, in the same manner and on the same terras and conditions ns the other public lands, and such of the land as may not sell at the public sales shall be offered nt private sale, in the same manner that other private sales are made of the United States lands.

Compensation to Chickasaws.

Article III. As a full compensation to the Chickasaw nation, for the country thus ceded, the United States agree to pay over to the Chickasaw nation, all the money arising from the sale of the land which may be received from time to time, after deducting therefrom the whole cost and expenses of surveying and selling the land, including every expense attending the same.

Chickasaws to seek a home west of the Mississippi.

Article IV. The President being determined that the Chickasaw people shall not deprive themselves of a comfortable home, in the country where they now are, untill they shall have provided a country in the west to remove to, and settle on, with fair prospects of future comfort and happiness—It is therefore agreed to, by the Chickasaw nation, that they will endeavor as soon as it may be in their power, after the ratification of this treaty, to hunt out and procure a home for their people, west of the Mississippi river, suited to their wants and condition; and they will continue to do so during the progress of the survey of their present country, as is provided for in the second article of this treaty.

In case they fail to procure such a home.

But should they fail to procure such a country to remove to and settle on, previous to the first public sale of their country here then and in that event, they are to select out of the surveys, a comfortable settlement for every family in the Chickasaw nation, to include their present improvements, if the land is good for cultivation, and if not they may take it in any other place in the nation, which is unoccupied by any

Allotments.

other person. Such settlement must be taken by sections. And there shall be allotted to each family as follows (to wit): To a single man who is twenty-one years of age, one section—to each family of five and under that number two sections—to each family of six and not exceed ing ten, three sections, and to each family over ten in number, four sections—and to families who own slaves, there shall be allowed, one section to those who own ten or upwards and such ns own under ten, there shall be allowed half a section. If any person shall now occupy two places and wish to retain both, they may do so, by taking a part at one place, and a part at the other, and where two or more persons are 383now living on the same section; the oldest occupant will be entitled to remain, and the others must move off to some other place if so required by the oldest occupant. All of which tracts of land, so selected and retained, shall be held, and occupied by the Chickasaw people, uninterrupted until they shall find and obtain a country suited to their wants and condition. And the United States will guaranty to the Chickasaw

Guaranty by U. S.

When Chickasaws determine to remove, they will give notice, &c.

nation, the quiet possession and uninterrupted use of the said reserved tracts of land, so long as they may live on and occupy the same. And when they shall determine to remove from said tracts of land, the Chickasaw nation will notify the President of the United States of their determination to remove, and thereupon as soon as the Chickasaw people shall remove, the President will proclaim the said reserved tracts of land for sale at public auction and at private sale, on the same terms and conditions, as is provided for in the second article of this treaty, to sell the same, and the nett proceeds thereof, to be paid to the Chickasaw nation, as is provided for in the third article of this treaty.

Article V. If any of the Chickasaw families shall have made valuable

Improvements to be valued, &c.

improvements on the places where they lived and removed from, on the reservation tracts, the same shall be valued by some discreet person to be appointed by the President, who shall assess the real cash value of all such improvements, and also the real cash value of all the land within their improvements, which they may have cleared and actually cultivated, at least one year in good farming order and condition. And such valuation of the improvements and the value of the cultivated lands as before mentioned, shall be paid to the person who shall have made the same. To be paid out of the proceeds of the sales of the ceded lands. The person who shall value such land and improvements, shall give to the owner thereof, a certificate of the valuation, which shall be a good voucher for them to draw the money on, from the proper person, who shall be appointed to pay the same, and the money shall be paid, as soon as may be convenient, after the valuation, to enable the owner thereof to provide for their families on their journey to their new homes. The provisions of this article are intended to encourage industry and to enable the Chickasaws to move comfortably. But least the good in tended may be abused, by designing persons, by hiring hands and clear ing more land, than they otherwise would do for the benefit of their families—It is determined that no payment shall be made for improved lands, over and above one-eighth part of the tract allowed and reserved for such person to live on and occupy.

Article VI. The Chickasaw nation cannot receive any part of the

Surveyor-general to be appointed, &c.

payment for their land untill it shall be surveyed and sold; therefore, in order to the greater facility, in surveying and preparing the land for sale, and for keeping the business of the nation separate and apart from the business and accounts of the United States, it is proposed by the Chickasaws, and agreed to, that a Surveyor General be appointed by the President, to superintend alone the surveying of this ceded country or so much thereof as the President may direct, who shall appoint a sufficient number of deputy surveyors, as may be necessary to complete the survey, in as short a time as may be reasonable and expedient. That the said Surveyor General be allowed one good clerk, and one good draftsman to aid and assist him in the business of his office, in preparing the lands for sale. It is also agreed that one land office be

Land office.

established for the sale of the lands, to have one Register and one Receiver of monies, to be appointed by the President, and each Register and Receiver to have one good clerk to aid and assist them in the duties of their office. The Surveyor’s office, and the office of the Register and Receiver of money, shall be kept somewhere central in the nation, at such place as the President of the United States may direct. As the 384before mentioned officers, and clerks, are to be employed entirety in business of the nation, appertaining to preparing and selling the land, they will of course be paid out of the proceeds of the sales of the ceded lands. That the Chickasaws, may now understand as near as may be, the expenses that will be incurred in the transacting of this business—

Salaries of Surveyor-general, &c.

It is proposed and agreed to, that the salary of the Surveyor General be fifteen hundred dollars a year, and that the Register and Receiver of monies, be allowed twelve hundred dollars a year each, as a full compensation for their services, and all expenses, except stationary and postages on their official business, and that each of the clerks and draftsman be allowed seven hundred and fifty dollars a year, for their services and all expenses.(*) * This article was amended, previous to ratification, by the insertion, after “President,” where that word occurs the first and third times, of the words, “by and with the advice and consent of the Senate.”

No pre-emption rights to be granted by U.S.

Article VII. It is expressly agreed that the United States shall not grant any right of preference, to any person, or right of occupancy in any manner whatsoever, but in all cases, of either public or private sale, they are to sell the land to the highest bidder, and also that none of the lands be sold in smaller tracts than quarter sections or fractional sections of the same size as near as may be, untill the Chickasaw nation may

Combinations among purchasers to be prevented.

require the President to sell in smaller tracts. The Chiefs of the nation have heard that at some of the sales of the United States lands, the people there present, entered into combinations, and united in purchasing much of the land, at reduced prices, for their own benefit, to the great prejudice of the Government, and they express fears, that attempts will be made to cheat them, in the same manner when their lands shall be offered at public auction. It is therefore agreed that the President will use his best endeavours, to prevent such combinations, or any other plan or state of things which may tend to prevent the land selling for its full value.

Reduction of price, &c.

Article VIII. As the Chickasaws have determined to sell their country, it is desirable that the nation realize the greatest possible sum for their lands, which can be obtained. It is therefore proposed and agreed to that after the President shall have offered their lands for sale and shall have sold all that will sell for the Government price, then the price shall be reduced, so as to induce purchasers to buy, who would not take the land at the Government minimum price;—and it is believed, that five years from and after the date of the first sale, will dispose of all the lands, that will sell at the Government price. If then at the expi ration of five years, as before mentioned, the Chickasaw nation may request the President to sell at such reduced price as the nation may then propose, it shall be the duty of the President to comply with their request, by first offering it at public and afterwards at private sale, as in all other cases of selling public lands.

Agent to be continued among Chlckasaws.

Article IX. The Chickasaw nation express their ignorance, and incapacity to live, and be happy under the State laws, they cannot read and understand them, and therefore they will always need a friend to advise and direct them. And fearing at some day the Government of the United States may withdraw from them, the agent under whose instructions they have lived so long and happy—They therefore request that the agent may be continued with them, while here, and wherever they may remove to and settle. It is the earnest wish of the United States Government to see the Chickasaw nation prosper and he happy, and so far as is consistent they will contribute all in their power to render them so—therefore their request is granted. There shall be an agent kept with the Chickasaws as heretofore, so long as they live within 385the jurisdiction of the United States as a nation, either within the limits of the States where they now reside, or at any other place. And whenever the oflicc of agent shall be vacant, and an agent to be appointed, the President will pay due respect to the wishes of the nation in selecting a man in all respects qualified to discharge the responsible duties of that office.

Article X. Whenever the Chickasaw nation shall determine to

Expenses of removal, &c.

remove from, and leave their present country, they will give the President of the United States timely notice of such intention, and the President will furnish them, the necessary funds, and means for their transportation and journey, and for one years provisions, after they reach their new homes, in such quantity as the nation may require, and the full amount of such funds, transportation and provisions, is to be paid for, out of the proceeds of the sales of the ceded lands. And should the Chickasaw nation remove, from their present country, before they receive money, from the sale of the lands, hereby ceded; then and in that case, the United States shall furnish them any reasonable sum of money for national purposes, which may be deemed proper by the President of the United States, which sum shall also be refunded out of the sales of the ceded lands.

Article XI. The Chickasaw nation have determined to create a

Chickasaw fund.

perpetual fund, for the use of the nation forever, out of the proceeds of the country now ceded away. And for that purpose they propose to invest a large proportion of the money arising from the sale of the land, in some safe and valuable stocks, which will bring them in an annual interest or dividend, to be used for all national purposes, leaving the principal untouched, intending to use the interest alone. It is therefore proposed by the Chickasaws, and agreed to, that the sum to be laid out in stocks as above mentioned, shall be left with the government of the United States, untill it can be laid out under the direction of the President of the United States, by and with the advice and consent of the Senate, in such safe and valuable stock as he may approve of, for the use and benefit of the Chickasaw nation. The sum thus to be invested, shall be equal to, at least three-fourths of the whole nett proceeds of the sales of the lands; and as much more, as the nation may determine, if there shall be a surplus after supplying all the national wants. But it is hereby provided, that if the reasonable wants of the nation shall require more than one fourth of the proceeds of the sales of the land, then they may, by the consent of the President and Senate, draw from the government such sum as may be thought reasonable, for valuable national purposes, out of the three-fourtbs reserved to be laid out in stocks. But if any of the monies shall be thus drawn out of the sum first proposed, to be laid out on interest, the sum shall be replaced, out of the first monies of the nation, which may come into the possession of the United States government, from the sale of the ceded lands, over and above the reasonable wants of the nation. At the expiration of fifty years from this date, if the Chickasaw nation shall have improved in education and civilization, and become so enlightened, as to be capable of managing so large a sum of money to advantage, and with safety, for the benefit of the nation, and the President of the United States, with the Senate, shall be satisfied thereof, at that time, and shall give their consent thereto, the Chickasaw nation may then withdraw the whole, or any part of the fund now set apart, to be laid out in stocks, or at interest, and dispose of the same, in any manner that they may think proper at that time, for the use and benefit of the whole nation; but no part of said fund shall ever be used for any other purpose, than the benefit of the whole Chickasaw nation. In order to facilitate the survey and sale of the lands now ceded, and to raise the money therefrom 386as soon as possible, for the foregoing purpose, the President of the United States is authorised to commence the survey of the land as soon as may be practicable, after the ratification of this treaty.

Annuities to chiefs, &c.

Article XII.

The Chickasaws feel grateful to their old chiefs, for their long and faithful services, in attending to the business of the nation. They believe it a duty, to keep them from want in their old and declining age—with those feelings, they have looked upon their old and be loved chief Tish-o-mingo, who is now grown old, and is poor and not able to live, in that coinfort, which his valuable life and great merit deserve. It is therefore determined to give him out of the national funds, one hundred dollars a year during the balance of his life, and the nation request him to receive it, as a token of their kind feelings for him, on account of his long and valuable services.

Annuity to Queen Puc-caun-la.

Our old and beloved Queen Puc-caun-la, is now very old and very poor. Justice says the nation ought not to let her suffer in her old age; it is therefore determined to give her out of the national funds, fifty dollars a year during her life, the money to be put in the hands of the agent to be laid out for her support, under his direction, with the advice of the chiefs.

Boundary line between Chickasaws and Choctaws.

Article XIII. The boundary line between the lands of the Chickasaws and Choctaws, has never been run, or properly delined, and as the Choctaws have sold their country to the United States, they now have no interest in the decision of that question. It is therefore agreed to call on the old Choctaw chiefs to determine the line to be run, between the Chickasaws and their former country. The Chickasaws, by a treaty made with the United States at Franklin in Tennessee, in Aug. 1830,(a) (a) This treaty appears not to have been finally concluded.declared their line to run as follows, to wit: Beginning at the mouth of Oak tibby-haw and running up said stream to a point, being a marked tree, on the old Natches road, one mile southwardly from Wall's old place. Thence with the Choctaw boundary, and along it, westwardly through the Tunicha old fields, to a point on the Mississippi river, about twenty-eight miles by water, below where the St. Francis river enters said stream on the west side. It is now agreed, that the surveys of the Choctaw country which are now in progress, shall not cross the line untill the true line shall be decided and determined; which shall be done as follows, the agent of the Choctaws on the west side of the Mississippi shall call on the old and intelligent chiefs of that nation, and lay before them the line as claimed by the Chickasaws at the Franklin treaty, and if the Choctaws shall determine that line to be correct, then it shall be established and made the permanent line, but if the Choctaws say the line strikes the Mississippi river higher up said stream, then the best evidence which can be had from both nations, shall be taken by the agents of both nations, and submitted to the President of the United States for his decision, and on such evidence, the President will determine the true line on principles of strict justice.

List of reservations.

Article XIV. As soon as the surveys are made, it shall be the duty of the chiefs, with the advice and assistance of the agent to cause a correct list to be made out of all and every tract of land, which shall be reserved, for the use and benefit of the Chickasaw people, for their residence, as is provided for in the fourth article of this treaty, which list, will designate the sections of land, which are set apart for each family or individual in the nation, shewing the precise tracts which shall belong to each and every one of them, which list shall be returned to the register of the land office, and he shall make a record of the same, in his office, to prevent him from offering any of said tracts of land for sale, and also as evidence of each person’s lands. All the residue of the lands will be offered by the President for sale.

387

Article XV. The Chickasaws request that no persona be permitted

No settlement in Chickasaw country till land is sold.

to move in and settle on their country before the land is sold. It is therefore agreed, that no person, whatsoever, who is not Chickasaw or connected with the Chickasaws by marriage, shall be permitted to come into the country and settle on any part of the ceded lands untill they shall be offered for sale, and then there shall not be any person permitted to settle on any of the land, which has not been sold, at the time of such settlement, and in all cases of a person settling on any of the ceded lands contrary to this express understanding, they will be intruders, and must be treated as such, and put off of the lands of the nation.

In witness of all and every thing herein determined, between the United States and the whole Chickasaw nation in general council assembled, the parties have hereunto set their hands and seals, at the council house, on Pontitock creek, in the Chickasaw nation, on this twentieth day of October, one thousand eight hundred and thirty-two.

JOHN COFFEE.

Ish-te-ho-to-pa, [King]

Tish-o-m in-go,

Levi Colbert,

George Colbert,

William M’Gilvery,

Samuel Sely,

To-pul-kah,

Isaac Albertson,

Em-ub-by,

Pis-tah-lah-tubbe,

Ish-tim-o-lut-ka,

James Brown,

Im-mah-hoo-lo-tubbe,

Ish-ta-ba-chah,

Lah-fin-hubbe,

Shop-pow-me,

Nin-uck-ab-umba,

Itn-mah-hoo-la-tubbe,

Illup-pah-umba,

Pitman Colbert,

Con-mush-ka-ish-kah,

James Wolfe,

Bah-ha-kah-tubbe,

E. Bah-kah-tubbe,

Captain Thompson, Mah-te-ko-shubbe,

New-berry,

Bah-ma-hah-tubbe,

John Lewis,

I-yah-hou-tubbe,

Tok-holth-la-chah,

Oke-lah-nah-nubbe,

Im-me-tubbe,

In-kah-yea,

Ah-sha-cubbe,

Im-mah-hobah,

Fit-chah-pla,

Unte-mi-ah-tubbe,

Oke-lah-hin-lubbe,

John Glover,

Bah-me-huhbe,

Hush-tah-tah-ubbe,

Un-ti-ha-kah-tubbe,

Yum-mo-tubbe,

Oh-ha-cubbe,

Ah-fah-mah,

Ah-ta-kin-tubbe,

Ab-to-ko-wah,

Tah-ha-cubbe,

Kin-hoi-cha,

Ish-te-ah-tubbe,

Chick-ah-shah-nan-ubbe.

Che-wut-ta-ha,

Fo-lat-ta-chah,

No-wo-ko,

Win-in-a-pa,

Oke-lah-shah-cubbe,

Ish-ta-ki-yu-ka-tubbe,

Tom-ch ick-ah,

Ei-o-che-tubbe,

Nuck-sho-pubbe,

Fah-lah-mo-tubbe,

Co-chub-be,

Thomas Sely,

Oke-lah-sha-pi-a.

Signed and sealed in the presence of Ben. Reynolds, Indian Agent John L. Allen, Sub Agent. Nath. Anderson, Sec. to the Commr. Benj. Love, U. S. Interpreter. Robert Gordon, Missi. George Wightman, of ditto. John Donley, Tenn. D. S. Parrish, Tennessee. S. Daggett, Missi. Wm. A. Clurm. G. W. Long.

To the Indian names are subjoined marks.

Oct. 23, 1832 Supplementary 7 Stat. 388 ARTICLES

Oct. 23, 1832.

Supplementary to, and explanatory of , a Treaty which was entered into on the 20th instant, between General John Coffee on the part of the United States, and the whole Chickasaw nation in General Council assembled.

The fourth article of the treaty to which this is a supplement, provides that each Chickasaw family, shall have a tract of land, reserved for the use of the family, to live on and occupy, so long as the nation resides in the country where they now are. And the fifth article of the treaty provides that each family or individual shall be paid for their improvements, and the value of their cleared lands, when the nation shall

Leases of reservations forbidden.

determine to remove and leave the said reserved tracts of land. It is now proposed and agreed to, that no family or person of the Chickasaw nation, who shall or may have tracts of land, reserved for their residence while here, shall ever be permitted to lease any of said land, to any person whatsoever, nor shah they be permitted to rent any of said land, to any person, either white, red, or black, or mixed blood of either. As the great object of the nation is to preserve the land, and timber, for the benefit of posterity, provided the nation shall continue to live here, and if they shall at any time determine to remove and sell the land, it will be more valuable, and will sell for more money, for the benefit of the nation, if the land and timber be preserved.

Reservations to be sold low for the benefit of the nation, &c.

It is also expressly declared by the nation, that, whenever the nation shall determine to remove from their present country, that every tract of land so reserved in the nation, shall be given up and sold for the benefit of the nation. And no individual or family shall have any right to retain any of such reserved tracts of land, for their own use, any longer than the nation may remain in the country where they now are.

Minimum price.

As the reserve tracts of land above alluded to, will be the first choice of land in the nation, it is determined that the minimum price of all the reserved tracts, shall be three dollars an acre, untill the nation may determine to reduce the price, and then they will notify the President, of their wishes, and the price to which they desire to reduce it.

Private sales.

The Chiefs still express fears that combinations may be formed at the public sales, where their reserved tracts of land shall be offered for sale, and that they may not be sold so high as they might be sold, by judicious agents at private sale. They therefore suggest the propriety of the President determining on some judicious mode of selling the reserves at private sale.

Plan for sales to lie agreed upon.

It is therefore agreed that the suggestion be submitted to the President, and if he and the Chiefs can agree on a plan of a sale, different from the one proposed in the treaty, to which this is a supplement, and which shall be approved of by both parties, then they may enter into such agreement and the President shall then be governed by the same, in the sale of the reserved tracts of land, whenever they may be offered for sale.

Reserves to young men, &c.

In the provisions of the fourth article of the treaty to which this is a supplement, for reserves to young men who have no families, it expresses that each young man, who is twenty-one years of age, shall have a reserve. But as the Indians mature earlier than white men, and generally marry younger, it is determined to extend a reserve, to each young man who is seventeen years of age. And as there are some 388 TREATY WITH THE CHICKASAWS. 1832.389orphan girls in the nation or whose families do not provide for them, and also some widows in the same situation, it is determined to allow to each of them a reservation of one section, on the same terms and conditions in all respects, with the other reservations for the nation generally, and to be allowed to the same ages, as to young men.

Colbert Moore and family have always lived in the Chickasaw nation,

C. Moore.

and he requests the liberty to continue with the nation. The Chiefs and nation agree to his request, and they also agree to allow him and his family a reserve tract of land to live on and occupy in the same manner, and on the same terms and conditions as is provided for the Chickasaw families, in the nation generally, during his good behavior.

The Chiefs of the nation represent that they in behalf of the nation

Section of land to R. Gordon.

gave a bond to James Colbert for a debt due to him, of eighteen hundred and eleven dollars, ninety-three and three fourth cents principal, that James Colbert transferred said note to Robert Gordon and that said note, and the interest thereon is yet due and unpaid, and the said Robert Gordon has proposed to take a section of land for said note, and interest up to this date. It is therefore agreed by the nation to grant him a section of land, to be taken any where in the nation, so as not to interfere with any reserve which has been provided as a residence for the Chickasaws, which shall be in full for said note and interest.

The Treaty, to which this is a supplement provides that there shall

Section of land for land office, &c.

be offices kept some where central in the nation, at such place as the President shall determine, for transacting the business of the nation in selling their lands &c. It is now agreed to by the nation, that the President may select a section of land, or four quarter sections adjoining, at such place as he may determine agreeably to that provision of the Treaty, to establish the said offices on, and for all the necessary uses thereto attached, and he is permitted to improve the said tract of land in any manner, whatsoever, but when it shall cease to be used for the purposes, for which it is set apart—for offices &c.—then the same shall be sold under the direction of the President—and the proceeds thereof shall be paid to the Chickasaw nation, after deducting there from-the value of all the improvements on the land, which value shall be assessed by the President, and in no case shall it exceed one half the sale of the land.

The Chickasaw nation request the Government to grant them a cross

Mail route.

mail route through the nation as follows, one to pass from Tuscumbia in Alabama, by the Agency, and by the place to be selected for the offices to be kept and to Rankin in Mississippi on horse back, once a week each way. The other to run from Memphis in Tennessee, by the offices and to the Cotton Gin in Mississippi—to pass once a week each way. They conceive these mails would be useful to the nation, and indispensibïe to the carrying on the business of the nation when the offices are established, hut they would respectfully solicit the mails to be started as soon as possible, to open the avenues of information into their country.

John Donley has long been known in this nation, as a mail carrier;

Section of land to J. Donley.

he rode on the mails through our nation when a boy and for many years after he was grown; we think he understands that business as well, if not better than any other man—and we should prefer him to carry our mails to any other person—and if he is given the contract, the nation will set apart a section of land for his use while we remain here in this country, which section he may select with the advice of the Chiefs any where that suits him best, so as not to interfere with any of the reserves, and he may use it in any manner to live on, or make such improvements as may be necessary for keeping his horses, or to raise forage for them. But when the nation shall move away and leave this country this tract of land must be sold for the benefit of the nation, in the same 390manner that the reserve tracts are sold &c. and he is not to claim of the nation any pay for improving said tract of land.

[The lease which was given to William B. Lewis under the provisions of the treaty of the 19th October 1818 was altered and renewed in a treaty which was signed at Franklin in Tennessee in August 1830—at which time Robert P. Currin of Franklin had become a partner with William B. Lewis. In said treaty at Franklin the said Lewis & Currin (having failed to obtain salt) agreed to pay the nation a sum of money as therein expressed, for the use of the land during the term of the lease, and also a small quantity of salt, as is also expressed—a part of the money was then paid to the nation in hand, with their obligation to pay the whole balance by instalments. But Mr. Currin, who seems now to be the sole owner of that contract, says he cannot pay us, because the Government refuses to admit his title under the lease. Thus the nation is kept out of the money for the lease. Mr. Currin has addressed a line to Levi Colbert and James Brown, the agents for the Chickasaws, in that business, and also one to Genl. Coffee the United States Commissioner, asking them to place his claim in a situation that he may have the use of the land, or that the Government take the land, and pay him for it at the Government minimum price. The Chickasaw nation feel desirous to have the matter settled amicably, and they have no wish to violate their last contract—but as Robert P. Currin represents to the nation, that he is willing and desirous to settle it, by the nation ceding the land to the Government of the United States, upon the condition that they pay him for the land at the rate of one dollar and twenty-five cents an acre, to be paid in one year after the ratification of this treaty—We the Chickasaw nation do hereby cede the said reserve tract of four miles square, to the United States, on the following terms and conditions—they shall pay for the land one dollar and twenty-five cents an acre, three-fourths of the amount to be paid to Robert P. Currin, which shall be in full for all his right and claim to said lands—and one-fourth to the Chickasaw nation, for their interest in changing the lease, to a final sale forever. If this agreement is not approved of by Mr. Currin and ratified by the President and Senate its rejection shall not affect the balance of this treaty.](*) * This paragraph was not ratified.

In witness of all and every thing herein determined between the United States and the whole Chickasaw nation, in general Council assembled, the parties have hereunto set their hands and seals at the Council house, on Pontitock Creek, in the Chickasaw nation on this twenty-second day of October one thousand eight hundred and thirty-two.

JNO. COFFEE.

Ish-te-ho-to-pa,

Tish-o-min-go,

Levi Colbert,

George Colbert,

William McGilvery,

Samuel Sely,

To-pul-kah,

Isaac Albertson,

Im-mubbe,

Pis-ta-lah-tubbe,

Ish-tim-o-lut-ka,

James Brown,

Im-ma-hoo-lo-tubbe,

Ish-ta-ha-chah,

Lah-fin-hubbe,

Shop-pow-we,

Nin-uck-ah-mnba,

Im-mah-hoo-lo-lubbe,

Il-lup-pah-umba,

Pitman Colbert,

Con-nush-koish-kah,

James Wolf,

Bah-hu-kah-tubbe,

E-bah-kah-tubbe,

Captain Thompson,

New-berry,

Bah-me-hah-tubbe,

John Lewis,

TREATY WITH THE KICKAPOOS. 1832. 391

I-yah-hou-tubbe,

Tok-holth-la-chah,

Oke-lah-nah-nubbe,

Im-me-lubbe,

In-kah-yea,

Ah-shah-cubbe,

Im-mah-ho-bah.

Fit-chah-ple,

Unte-mi-ah-tubbe,

Oke-lah-hin-lubbe,

John Glover,

Bah-me-hubbe,

Ab-to-ko-wah,

Hush-tah-tab-hubbe,

Uu-ti-ha-kah-tubbe,

Yum-me-tubbe,

Oh-ha-cubbe,

Ah-fah-mah,

Ah-take-in-tubbe,

Tah-ha-cubbe,

Kin-hoi-cha,

Ish-te-ah-tubbe,

Chick-ah-shah-nan-ubbe,

Chee-wut-ta-ha,

Fo-lut-ta-chah,

No-wo-ko,

Win-in-a-pa,

Oke-lah-shah-cubbe,

Ish-ta-ki-yu-ka-tubbe,

Mah-ta-ko-shubbe,

Tom-ah-chick-ah.

Ehi-o-che-tubbe,

Nuck-sho-pubbe,

Fah-lah-mo-tubbe,

Co-chub-be,

Thomas Sely,

Oke-lah-sba-pi-a.

Signed and sealed in presence of Ben. Reynolds, Indian Agent John L. Allen, Sub Agent. Nath. Anderson, Sec. to the Commr. Benjamin Love, U. S. Interpreter. Robt. Gordon, of Missi. George Wightman. John Donley. D. S. Parrish. S. Daggett, of Missi. Win. A. Clurm. G. W. Long. W. D. King. John H. McKennie.

To the Indian names are subjoined marks.

Oct. 24, 1832 Treaty 7 Stat. 391 ARTICLES OF A TREATY

Oct. 24, 1832.

Proclamation, Feb. 13, 1833.

Made and entered into at Castor Hill, in the county of St. Louis, in the State of Missouri, this twenty-fourth day of October, one thousand eight hundred and thirty-two, between William Clark, Frank J. Allen, and Nathan Kouns, Commissioners on the part of the United. States, of the one part, and the Chiefs, Warriors, and Counsellors of the Kickapoo tribe of Indians, on behalf of said tribe, of the other part.

Article I. The Kickapoo tribe of Indians, in consideration of the

Cession of lands to U.S.

stipulations hereinafter made, do hereby cede to the United States, the lands assigned to them by the treaty of Edwardsville, and concluded at St. Louis, the nineteenth day of July, eighteen hundred and twenty-two,

Ante, p. 203.

and all other claims to lands within the State of Missouri.

Article II. The United States will provide for the Kickapoo tribe,

Cession by U. S.

a country to reside in, southwest of the Missouri river, as their permanent place of residence as long as they remain a tribe. And whereas, the said Kickapoo tribe are now willing to remove on the following conditions, from the country ceded on Osage river, in the State of Missouri, to the country selected on the Missouri river, north of lands which have been assigned to the Delawares; it is hereby agreed that the country within the following boundaries shall be assigned, conveyed, and forever secured, and is hereby so assigned, conveyed, and secured by the United States to the said Kickapoo tribe, as their permanent residence, viz: Beginning on the Delaware line, six miles westwardly of Fort Leavenworth, thence with the Delaware line westwardly sixty miles, thence north twenty miles, thence in a direct line to the west bank of the Missouri, at a point twenty-six miles north of Fort Leaven-392worth, thence down the west bank of the Missouri river, to a point six miles nearly northwest of Fort Leavenworth, and thence to the beginning.

Annuity and payment of debts.

Article III. In consideration of the cession contained in the first article, the United States agree to pay to the Kickapoo tribe, within one year after the ratification of this treaty, an annuity for one year of eighteen thousand dollars; twelve thousand dollars of which, at the urgent request of said Indians, shall be placed in the bands of the superintendent of Indian affairs at St. Louis, and be by him applied to the payment of the debts of the said tribe, agreeably to a schedule to be furnished by them to the said superintendent, stating as far as practicable, for what contracted, and to whom due; and the said superintendent shall, as soon as possible, after the said money comes into his hands, pay it over in a just apportionment, agreeably to their respective claims, to the creditors of the said tribe, as specified in the schedule furnished him. And should any balance remain in his hands after said apportionment and payment, it shall be by him paid over to the said Kickapoo tribe, for their use and benefit.

Annuity.

Article IV. The United States further agree to pay to the Kickapoo tribe, an annuity of five thousand dollars per annum, in merchandize, at its cost in St. Louis, or in money, at their option, for nineteen successive years, commencing with the second year after the ratification of this treaty.

Blacksmith, &c.

Article V. The United States will pay one thousand dollars annually for five successive years, for the support of a blacksmith and strikers; purchase of iron, steel, tools, &c. for the benefit of said tribe, on the lands hereby assigned them.

Mill and church.

Article VI. The United States agree to pay thirty-seven hundred dollars, for the erection of a mill and a church, for the use of said tribe, on the aforesaid lands.

School.

Article VII. The United States will pay five hundred dollars per annum, for ten successive years, for the support of a school, purchase of books, &c. for the benefit of said Kickapoo tribe on the lands herein ceded to them.

Farming utensils.

Article VIII. The United States agree to pay three thousand dollars for farming utensils, when such utensils may be required by said tribe, on their land.

Labor and improvements.

Article IX. The United States will pay four thousand dollars for labour and improvements on the lands herein ceded said Kickapoos.

Cattle.

Article X. The United States agree to pay four thousand dollars in cattle, hogs, and such other stock as may be required by the said tribe; to be also delivered on their land.

Payment in merchandise, &c.

Article XI. There shall be paid in merchandize and cash, to the Kickapoos now present, for the use and benefit of their tribe, six thousand dollars, the receipt of which is hereby acknowledged; which amount, together with the several stipulations contained in the preceding articles, shall be considered as a full compensation for the cession herein made by said Kickapoo tribe. The United States will furnish said Indians with some assistance when removing to the lands hereby assigned them, and supply them with one year’s provisions after their arrival on said lands.

Boundary to be run.

Article XII. The United States agree to run and mark out the boundary lines of the lands hereby ceded to the said tribe, within three years from the date of the ratification of this treaty.

393

Article XIII. The said Indians agree to remove with as little delay

Removal of Indiana.

as possible, to the land hereby ceded to them.

Article XIV. The United States agree, at the particular request of

Exploring party.

the Kickapoos, that a deputation of their tribe shall be sent, with one or two of the commissioners, to view the lands hereby ceded to them, which deputation and commissioners jointly agreeing, shall have power to alter the boundary lines so as to make a selection of a body of land not exceeding twelve hundred square miles, adjoining to, and lying between the Big Nemaha river and the Delaware lands, and of changing the lines of the land hereby ceded in the second article of this treaty, not exceeding half the front on the Missouri between the mouth of Big Nemaha and Fort Leavenworth, so as to include a suitable scite for a mill seat, should it be desired by said tribe and appear necessary to the commissioners. And it is understood, that if the commissioners, on viewing the land ceded in the second article of this treaty, shall find it of good quality, and sufficient for said tribe, then the aforesaid second article to be as binding on the contracting parties, as if this article had not been inserted.

Article XV. This treaty to be binding when ratified by the President

Treaty binding when ratified.

and Senate of the United States.

In testimony whereof, the Commissioners aforesaid, and the undersigned Chiefs, Warriors and Counsellors as aforesaid, have hereunto subscribed their hands and affixed their seals, this twenty-fourth day of October, in the year of our Lord eighteen hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

WM. CLARK, FRANK J. ALLEN, NATHAN KOUNS.

Pa-sha-cha-hah, Jumping Fish,

Ka-ana-kuck-ah, the Prophet,

Pemo-quoi-ga, Rolling Thunder,

Pa-ana-wah-ha, Elk shedding his hair,

Kick-a-poo-hor, Kickapoo,

Ma-sbe-nah, Elk,

Ma-cuta-we-she-kah, Black Fisher,

Wah-co-haw, Grey Fox,

Pah-ta-kah-quoi, Striking Woman,

Kitch-emah-quoi, Big Bear,

Ata-noi-tueka, Gobling turkey,

Kish-coe, Guardian to Indians,

Ka-te-wah, Bald Eagle,

Na-poi-teck, Son of Prophet,

Na-na-co-wah, the Bear,

Pe-sha-ka-nah, the Bear,

Ah-nuck-quet-ta, the Cloud, or black thunder,

Noto-ta-noi, Wind,

Ma-cutta-mah-qui, Black Loon.

Signed in presence of James Kennedy, Secretary. Meriwether Lewis Clarke, Lt. 6th Infantry. Geo. Maguire, Indian Dept. A. Shane, U. S. Interpreter. William Marshall. Jacques Mette, U. S. Interpreter. Pierre Cadue, Interpreter.

To the Indian names are subjoined a mark and seal.

Nov. 26, 1832 Supplementary 7 Stat. 393 SUPPLEMENTAL ARTICLE

Nov. 26, 1832.

To the treaty with the Kickapoo tribe of Indians, of the twenty-fourth, October, one thousand eight hundred and thirty-two.

The undersigned, commissioners on the part of the United States,

Boundary as fixed by commissioners and deputation.

and a deputation of Kickapoos, on the part of the Kickapoo tribe of Indians, having visited the lands assigned to the said tribe by the second article of a treaty with the said tribe, concluded at Castor Hill, in the county of Saint Louis, and State of Missouri, on the twenty-fourth day of October, one thousand eight hundred and thirty-two, and by autho-394TREATY WITH THE POTTAWATIMIES. 1832.rity of the powers vested in the said commissioners, and the said deputation, by the fourteenth article of the aforesaid treaty, have agreed that the boundary lines of the lands assigned to the Kickapoos, shall begin on the Delaware line, where said line crosses-the left branch of Salt creek, thence down said creek to the Missouri river, thence up the Missouri river thirty miles when measured on a straight line, thence westwardly to a point twenty miles from the Delaware line, so as to include in the lands assigned the Kickapoos, at least twelve hundred square miles.

Done at Fort Leavenworth, this twenty-sixth day of November, one thousand eight hundred and thirty-two.

NATHAN KOUNS. FRANK J. ALLEN.

Nam-a-co-wa-ha, the Bear.

Po-sha-ka-nah, the Bear.

Na-poi-haw, the man asleep.

Pam-a-saw, or Walker.

Signed and sealed in presence of James Kennedy, Secretary. Win. N. Wickliff, Captain 6th Infantry. J. Freeman, Lt. 6th Infantry. Winslow Turner. And. L. Hughes, U. S. Indian agent.

To the Indian names are subjoined a mark and seal.

Oct. 26, 1832 Treaty 7 Stat. 394 ARTICLES OF A TREATY

Oct. 26, 1832.

Proclamation, Jan. 21, 1833.

Made and, concluded on Tippecanoe River, in the State of Indiana, between Jonathan Jennings, John W. Davis and Marks Grume, Commissioners on the part of the United States, and the Chiefs, Headmen and Warriors, of the Pottawatimie Indians, this twenty-sixth day of October, in the year eighteen hundred and thirty-two.

Cession to the U. S.

Article I. The Chiefs, Headmen and Warriors, aforesaid, agree to cede to the United States their title and interest to lands in the State of Indiana, (to wit:) beginning at a point on Lake Michigan, where the line dividing the States of Indiana and Illinois intersects the same; thence with the margin of said Lake, to the intersection of the southern boundary of a cession made by the Pottawatimies, at the treaty of the Wabash, of eighteen hundred and twenty-six; thence east, to the northwest corner of the cession made by the treaty of St. Joseph’s, in eighteen hundred and twenty-eight; thence south ten miles; thence with the Indian boundary line to the Michigan road; thence south with said road to the northern boundary line, as designated in the treaty of eighteen hundred and twenty-six, with the Pottawatimies; thence west with the Indian boundary line to the river Tippecanoe; thence with the Indian boundary line, as established by the treaty of eighteen hundred and eighteen, at St. Mary’s to the line dividing the States of Indiana and Illinois; and thence north, with the line dividing the said States, to the place of beginning.

Reservations.

Article II.

From the cession aforesaid, the following reservations are made, (to wit:)

For the band of Aub-be-naub-bee, thirty-six sections, to include his village.

For the bands of Men-o-mi-nee, No-taw-kah, Muck-kah-tah-mo-way and Pee-pin-oh-waw, twenty two sections.

395

For the bands of O-kaw-wause, Kee-waw-nay and Nee-bosh, eight sections.

For J. B. Shadernah, one section of land in the Door Prairie, where he now lives.

For the band of Com-o-za, two sections.

For the band of Mah-che-saw, two sections.

For the band of Mau-ke-kose, six sections.

For the bands of Nees-waugh-gee and Quash-qua, three sections.

Article III. In consideration of the cession aforesaid, the United

Annuities and payments.

States agree to pay to the Pottawatimie Indians, an annuity for the term of twenty years, of twenty thousand dollars; and will deliver to them goods to the value of one hundred thousand dollars, so soon after the signing of this treaty as they can be procured; and a further sum of thirty thousand dollars, in goods, shall be paid to them in the year eighteen hundred and thirty-three, by the Indian agent at Eel river.

Article IV. The United States agree to pay the debts due by

Debts to be paid by U. S.

the Pottawatimies, agreeably to a schedule hereunto annexed; amounting to sixty-two thousand four hundred and twelve dollars.

Article V. The United States agree to provide for the Pottawatimies,

Provision for emigrating.

if they shall at any time hereafter wish to change their residence, an amount, either in goods, farming utensils, and such other articles as shall be required and necessary, in good faith, and to an extent equal to what has been furnished any other Indian tribe or tribes emigrating, and in just proportion to their numbers.

Article VI. The United States agree to erectra saw mill on their

Saw-mill to be built.

lands, under the direction of the President of the United States.

In testimony whereof, the said Jonathan Jennings, John W. Davis, and Marks Crume, Commissioners as aforesaid, and the Chiefs, Headmen and Warriors of the Pottawatimies, have hereunto set their hands at Tippecanoe river, on the twenty-sixth day of October, in the year eighteen hundred and thirty-two.

JONATHAN JENNINGS, JOHN W. DAVIS, MARKS CRUME.

Witness, Geo. B. Walker.

Louison,

Che-chaw-cose,

Banack,

Man-o-quett,

Kin-kosh,

Pee-shee-waw-no,

Min-o-min-ee,

Mis-sah-kaw-way,

Kee-waw-nay,

Sen-ho-go,

Che-quaw-ma-caw-co,

Muak-kose,

Ah-you-way,

Po-kah-kause,

So-pa-tic,

Che-mon,

No-taw-kah,

Naa-waw-keo,

Pee-pin-a-waw,

Ma-che-saw,

O-kitch-chee,

Pee-pish-kah,

Com-mo-yo,

Chick-kose,

Mis-squaw-bruck,

Mo-tie-ah,

Muck-ka-tah-mo-way,

Mah-quaw-shee,

O-sheh-wch,

Mah-zick,

Queh-kah-pah,

Quash-quaw,

Louisor Perish,

Pam-bo-go,

Bee-yaw-yo,

Pah-ciss,

Mauck-co-paw-waw,

Mis-sah-qua,

Kawk,

Mice-kiss,

Shaw-bo,

Aub-be-naub-bee,

Mau-maut-wah,

O-ka-mause,

Pash-ee-po,

We-wiss-lah,

Ash-kum,

Waw-zee-o-nes.

396

Witnesses.—William Marshall, Indian Agent. Henry Hoover, Secretary. H. Laselle, Interpreter. E. V. Cicott, Sint. Interpreter. J. B. Boure, Interpreter. J. B. Jutra, Sint. Interpreter. Edward McCartney, Interpreter. Luther Rice, Interpreter.

To the Indian names are subjoined a mark.

Horses delivered.

After the signing of this Treaty, and at the request of the Indians, five thousand one hundred and thirty-five dollars were applied to the purchase of horses, which were purchased and delivered to them, under our direction, leaving ninety-four thousand eight hundred and sixty-five dollars to be paid in merchandize.

JONATHAN JENNINGS, JOHN W. DAVIS, MARKS CRUME.

Claims to be paid.

It is agreed, that the United States will satisfy the claims mentioned in the following schedule, as provided for in the fourth article of the foregoing treaty, viz:

To Andrew Waymire, forty dollars. Zacheriah Cicott, nine hundred and fifty dollars. H. Lassell, senior, four thousand dollars. Silas Atchinson, two hundred and twenty dollars. Alexander McAllister, two hundred and twenty dollars. Walker and Davis, fifteen hundred dollars. Walker, Carter & Co. five thousand six hundred dollars. Edward McCartney, one thousand dollars. F. R. Kintner, six hundred and twenty dollars. Joseph Trucky, one hundred dollars. J. Vigus & C. Taber, eight hundred and fifty dollars. James Burnit, six hundred dollars. Samuel Hanna, executor of Abraham Burnet, three hundred and fifty dollars. James Hickman, sixty dollars. William Scott, two hundred and fifty dollars. M. Harse, seventy dollars. Emmerson and Huntington, assignees of Willis Fellows, four thousand five hundred dollars. W. G. and G. W. Ewing, one thousand dollars. Peter Barron, seventeen hundred and sixty-six dollars. Hamilton & Taber, seven hundred and thirty-seven dollars. Skelton & Scott, six hundred and fifty dollars. Cyrus Taber, three hundred and fifty dollars. G. S. Hubbard, one thousand dollars. Moses Rice, one hundred dollars. John E. Hunt, three thousand two hundred and sixteen dollars. John Baldwin, one thousand dollars. Louis Drouillard, sixty-eight dollars. George Crawford, eighty dollars. Thomas Hall, forty dollars. John B. Duret, four hundred dollars. Anthony Gambin, three hundred dollars. Joseph Barron, seven hundred and ninety-six dollars. James H. Kintner, three hundred and fifty-seven dollars. John B. Bourie, five hundred dollars. Henry Ossum, nine hundred dollars. Samuel Hanna, fifteen hundred dollars. Barnet & Hanna, three thousand five hundred dollars. Todd & Vigus, six thousand five hundred and thirteen dollars. Allen Hamilton, seven hundred dollars.TREATY WITH THE SHAWNEES, ETC. 1832.397 W. G. and G. W. Ewing, three thousand dollars. George F. Turner, two hundred dollars. Peter Longlois, two thousand five hundred dollars. Thomas Robb, eight hundred and forty dollars. The estate of George Cicott, deceased, fifteen hundred dollars. George C. Spencer, one hundred and fifty-seven dollars. John T. Douglass, one hundred dollars. W. G. and G. W. Ewing, seven hundred and sixteen dollars. B. M’Keen, six hundred dollars. Joseph Bertrand, senior, fifteen hundred dollars. George C. Spencer, three hundred dollars. Jesse Buzann, three hundred and sixteen dollars. Joseph Douglass, four hundred and fifty dollars. John Smith, four hundred and eighty dollars. Moses Barnett, eight hundred and forty-five dollars. Harison Barnett, two hundred and sixty seven dollars. Lot Bozarth, ninety dollars. Silas Alchison, two hundred and forty-four dollars. Harison Barnett & Co. one hundred and seventy-eight dollars. James Elliott, one hundred and nineteen dollars. Alexander Smith, one hundred dollars. Walker, Carter & Co. four hundred and four dollars. John Forsyth, amr. &c. of Thomas Forsyth, four hundred and seventy-three dollars. John Forsyth, six hundred dollars.

Oct. 26, 1832 Treaty 7 Stat. 397 ARTICLES OF A TREATY

Oct. 26, 1832.

Proclamation, Feb. 12, 1833.

Made and entered into at Castor Hill, in the county of St. Louis, in the State of Missouri, this twenty-sixth-day of October, one thousand eight hundred and thirty-two, between. William Clark, Frank J. Allen and Nathan Kouns, Commissioners on the part of the United States, of the one part, and the Chiefs, Warriors and Counsellors of the Shawnoes and Delawares, late of Cape Girardeau, in behalf of their respective bands, of the other part.

Whereas parts of the Shawanoe and Delaware nations of Indians,

Preamble.

did settle on lands near the town of Cape Girardeau, under a permission from the Spanish Government given to said Shawanoes and Delawares by the Baron de Carondelet, dated the fourth day of January one thousand seven hundred and ninety three, on which lands the, Delawares resided until the year one thousand eight hundred and fifteen, at which period, from various causes, it became necessary for them to remove, leaving their fields and improvements: And whereas, lands have been assigned to the said Tribes by Treaties, viz: with the Shawanoes of the seventh November one thousand eight hundred and twenty-five, and

Ante, p. 284.

Ante, p. 327.

with the Delawares of the twenty-fourth September one thousand eight hundred and twenty-nine, in which last named Treaty no compensation was made to the Delawares late of Cape Girardeau, for their improvements or for their loss of stock, &c. and it being the desire of the United States to indemnify the said Delawares for all losses and injuries by them sustained in consequence of such removal, the following articles have been agreed upon by the contracting parties. 398

Cession of land to U. S.

Article I. The Delawares and Shawanoes late of Cape Girardeau, hereby cede and relinquish to the United States all their lands within the State of Missouri, and also all claims which they may have against the United States for loss of property and for improvements which they have made up to the present time.

Stipulations on the part of the U. S.

Article II.

In consideration of the foregoing cession and relinquishment, the United States agree to the following stipulations: There shall be paid and delivered to said Delawares us soon as possible after the ratification of this Treaty, horned cattle, hogs, and other stock, to the amount of two thousand dollars.

For assistance in breaking up ground, and enclosing the same, one thousand dollars.

For pay of a person to attend their mill for five years, and for repairs of the same during the said period, two thousand five hundred dollars.

For support of a school for three years, one thousand five hundred dollars.

Payment to Delawares.

Article III. There shall be paid to the said Delawares on their lands, in merchandize suited to their wants, at the St. Louis cost prices, after the ratification of this treaty, the sum of five thousand dollars.

Payment of claims against Delawares.

There shall also be paid them the further sum of twelve thousand dollars, to be placed, at the request of said Indians, in the hands of the Superintendent of Indian affairs at St. Louis, to be by him applied to the payment of debts which the said Delawares have acknowledged to be due by their nation agreeably to a schedule presented in Council, and which sum they wish paid to Menard & Valle of St. Genevieve, for the benefit of William Gillis and William Marshall.—The sum of one thousand dollars is also paid them in merchandize and cash, the receipt of which latter sum (of one thousand dollars) is hereby acknowledged

Payments to Shawneea.

Article IV. To enable the Shawanoes who are parties to this Treaty, to remove immediately all the bands of their Tribe who are settled in the Territory of Arkansas, to the lands assigned their nation on the Kanzas river, the United States will pay them on the signing of this treaty, eight hundred dollars in cash, and four hundred dollars in clothing and horses, the receipt of which sums, amounting to twelve hundred dollars, is hereby acknowledged. And when they shall have removed to their lands, the further sum of five hundred dollars shall be paid them towards the expenses of said removal. The United States will moreover furnish the said Shawanoes with provisions on their land for one year after their removal, which, together with the preceding stipulations, will be considered in full of all their claims and demands against the United States, of whatever nature.

When to take effect.

Article V. This treaty to be obligatory on the contracting parties when ratified by the President and Senate of the United States.

In testimony whereof, the Commissioners aforesaid, and the undersigned Chiefs, Warriors and Counsellors aforesaid, have hereunto subscribed their names and affixed their seals, at Castor Hill in the county of St. Louis aforesaid, the date first above written.

WM. CLARK, FRANK J. ALLEN, NATHAN KOUNS.

Meh-shay-quo-wha,

Nah-ko-min,

Ta-whe-la-len, Capt Ketchum,

Nonon-da-gomon,

Shawanees.

Wah-wai-lainne,

La-la-ow-che-ka,

Ki-ah-quaw,

Pee-tah-lah-wah, Shot Pouche.

TREATY WITH THE POTTAWATIMIES. 1832. 399

In presence of Jas. Kennedy, Scc’y. Meriwether Lewis Clark, Lieut. 6th Inf. Geo: Maguire, Ind’n. Dept. Sam: L. McKenny. Pierre Menard. Alex’r. Charles. Pem-sau-taw, Capt. Perry. A. Shane, U. S. Interp. Jacques Mette, U. S. Interp’r. Geo. Catlin. Pierre Cadue, Interp’r. for Kickapoos and Pottawattamies.

To the Indian names are subjoined marks.

$\begin{matrix} \end{matrix}$

$\begin{matrix} Castor Hill, St. Louis County, Mo. \\ October 31st, 1832. \end{matrix}}$

By an understanding had between the undersigned Commissioners on

Annuities.

the part of the United States, and certain Chiefs of the Delaware Nation hereinafter named, and which was agreed to after the signing of the Treaty with said Tribe, it was stipulated by the said Chiefs and agreed to by the Commissioners, that an annuity for life to Meshe Kowhay, or Patterson, first Chief of the Delawares, Tah-whee-lalen, or Ketchum, Captain of a band; and Natcoming, also Captain of a band, should be paid to each of them by the United States, of one hundred dollars.

In testimony whereof, we have hereunto set our hands at Castor Hill, the date aforesaid.

WM. CLARK, NATHAN KOUNS, FRANK J. ALLEN.

Oct. 27, 1832 Treaty 7 Stat. 399 ARTICLES OF A TREATY,

Oct. 27, 1832.

Proclamation, Jan. 21, 1833.

Made and concluded on the Tippecanoe River, in the State of Indiana, on the twenty-seventh day of October, in the year of our Lord eighteen hundred and thirty-two, between Jonathan Jennings, John W. Davis and Marks Crume, Commissioners on the part of the United States, and the Chiefs and Warriors of the Potowatomies, of the State of Indiana and Michigan Territory.

Article I. The Chiefs and Warriors aforesaid cede to the United

Cession of land to U. S.

States, their title and interest to lands in the States of Indiana and Illinois, and in the Territory of Michigan, south of Grand river.

Article II. From the cession aforesaid, the following reservations

Reservations.

are made, (to wit:) The reservation at Po-ca-gan’s village for his band, and a reservation for such of the Potowatomies as are resident at the

Ante, p. 305.

Ante, p. 317.

village of Notta-we-sipa, agreeably to the treaties of the nineteenth of September, eighteen hundred and twenty-seven, and twentyeth of September, 1828. For the band of Kin-Kash, four sections: For O-ca-chee, one section: For the band Mes-qua-buck, four sections, to include his village: For the band of Che-kase, four sections, to include his village: For the band of Che-Chaw-kose ten sections, to include his village: For the Potowatomies, two sections, to include their mills on Tippe canoe river. For the band of To-i-sas brother Me-mot-way, and Che-quam-ka-ko, ten sections to include their village: For the band of Ma-sac, four sections: For the band of Ash-kum and Wee-si-o-nas, sixteen sections, to include their village:400 For the band of Wee-sau, five sections of land, including one section, granted to him by the Treaty of eighteen hundred and twenty-eight, and to include his present residence: For the bands of Mo-ta and Men-o-quet, four sections, each, to include their villages: For Be-si-ah, four sections.

Article III. The United States agree to grant to each of the following persons, the quantity of land annexed to their names, which lands shall be conveyed to them by patent: For Mon-i-taw-quah, daughter of Swa-gaw, one section, to include Wi-me-gos village: For Wee-saw, three sections: For Po-quia, the sister of Jose, one section: For Ben-ack, eight sections: For Ursule Du-quin-dre, one section: For Ge-neir, one section: To To-pen-ne-bee, principal chief, one section: To Poch-a-gan, second Chief, one section: To Pet-chi-co, two sections: To Sau-gana, one section: To Louis Barnett, one section: To Mam-qua, daughter of Sau-ga-na, one section: To Mish-a-wa, adopted daughter of Pit-e-chew, one section: To Kesis Shadana, one section: To Louis Chadana, one half section: To Charles Chadana, one half section: To John B. Chadana, one section: To Pier Navarre’s wife, one section: To John B. Ducharm, one section: To Mie-saw-bee, one quarter section: To Baptiste L. Clare, one half section: To Mary Lacomb’s children, one half section: To Joseph Bertrand’s, jr. children, one half section jointly: To Francis Page, jr. one half section: To Alexander Rollane, a half blood, one half section: To Re-re-mo-sau, (alias) Panish, one section and one half section, on the McCou, on the river Raison, in the Michigan Territory, which was reserved to his use at St. Joseph’s treaty, of eighteen hundred and twenty-eight: To Mary Nedeau, one quarter section: To Saw-grets, son of Pier Moran, one half section: To Isadore Mo-mence and Wa-be-ga, sons of Pier Morans, one quarter section each: To Poch-a-gan’s wife, one section: To Pet-qua and Kee-see, sons of Ma-kee-sa-be, one half section: To Pe-nem-chis, one half section: To Neu-a-tau-naut, one half section: To Francis de Jean, one section: To Mary Ann Ben-ack, wife of Edward McCartney, three sections of land, to be located on the south side of the Turkey creek prairie: For Francis Besion, one half section: For Aliss-no-qui, a chieftess, four sections: For Luther Rice, one quarter section: For Med-lin Aucharm, one quarter section: For Sheaupo Truckey, one section: For Ju-be Actrois, one section: For Ash-kum, two sections: For Pee-pees-kah one section:401 For Po-ka-kattse, one half section: For Nas-wau-kee, one section; For Man-me-nass, one half section: For Paul Longlois, one half section: For Peter Longlois, junr., one half section: For Shaw-bo-wah-tuck, one quarter section: For Betsey Rousau, one quarter section: For John Davis, one half section: For Nancy Cicott, one quarter section: For Amelia Cicott, one quarter section: For Lazette Allen, one quarter section: For Polly Griffith, daughter ofNe-bosh, two sections: For Chop-y-tuck, or John Payne, one section: For Joe Borisau, one quarter section: For Quash-mau, one quarter section: For Mas-co, one quarter section: For Mis-sink-qu-quah, six sections: For Aub-e-uaub-bee, ten sections: For Nee-kaw Dizzardee, one quarter section: For Mog-see, one half section: To Kaubee, one half section: To old Ann Mac-i-to, one half section: To old Wee-saw, one half section: To Pe-te-no-on, one half section: To Tou-se-qua, the wife of Joe Baily, one section: To Au-taw-co-num, daughter of the Crane, one section: To Sen-niss-quah and her daughter Nancy, two sections: To James Burnett, one section: To To-gah, a Potawatomie woman, one quarter section: To Mary Ann Bruner, one quarter section.

The foregoing reservations shall be selected, under the direction of the President of the United States, after the lands shall have been surveyed, and the boundaries to correspond with the public surveys.

Article IV.

In consideration of the aforesaid cession, the United

Annuities and payments.

States will pay fifteen thousand dollars annually for twelve years; Thirty-two thousand dollars, in goods, will be paid as soon after the signing of these articles, as they can be procured, and ten thousand dollars, in goods, will be paid next spring, at Notta-wa-si-pa, and to be paid to that band, and pay their just debts, agreeably to a schedule hereunto annexed, amounting to twenty thousand seven hundred and twenty-one dollars.

The section of land granted by the treaty of St. Joseph to To-pe-nau-koung,

Tract to be bought by U.S.

wife of Peter Longlois, shall be purchased by the United States, if the same can be done for the sum of eight hundred dollars.

The United States agree to appropriate, for the purposes of educating

Education.

Indian youths, the annual sum of two thousand dollars, as long as the Congress of the United States may think proper, to be expended as the President may direct.

This treaty shall take effect and be obligatory on the contracting parties,

Treaty, when to take effect.

as soon as the same shall have been ratified, by the President of the United States, by and with the advice and consent of the Senate.

In testimony whereof, the said Jonathan Jennings, John W. Davis, and Marks Crume, commissioners as aforesaid, and the chiefs, head men, and warriors of the Potowatomies, have hereunto set their 402hands at Tippecanoe river, on the twenty-seventh day of October in the year eighteen hundred and thirty-two.

JONATHAN JENNINGS, J. W. DAVIS, MARKS CRUME.

To-pe-ne-be,

Po-ka-gou,

Sa-ga-nah,

Pe-che-co,

We-is-saw,

Che-shaw-gun,

Ghe-bause,

O-saw-o-wah-co-ne-ah,

Mah-gnh-guk,

Sa-gue-na-nah,

Louison Burnet,

Shaw-wah-nuk-wuk,

Mix-sau-bah,

Ne-wab-ko-to,

Che-bah,

Wah-cose,

Mo-nia,

O-go-maw-be-tuk,

Kaw-kaw-ke-moke,

Ke-swah-bay,

Win-keese,

To-posh,

Kawk-mac-a-sin,

Sa-maw-cah,

Ko-mack,

O-guon-cote,

Quis-sin,

Chou-a-ma-see,

Pat-e-ca-sha,

Pe-nah-seh,

Mix-e-nee,

Pe-nah-shee,

So-wah-quen,

Ship-she-wa-no,

Kaw-kaw-bee,

O-ge-mah-caw-so,

Mash-kee,

Saw-ge-maw,

Nah-che-ke-zhie,

Mis-ke-qua-tah,

Now-o-le-naw,

Tuck-e-now,

Gib-e-nash-wish,

Louison,

Che-chaw-cose,

Bee-zaw-yo,

O-shuh-yaw,

Ash-kam,

O-ketch-chee,

Weh-zee-oness,

Aub-bee-noub-beo,

Witness:—H. Hoover, Se’y. Th. J. V. Owen, U. S. Indian Agent. Marine Willet. J. Stewart, Sub Agent. J. Bt. Chandonnais. John E. Aunt. Peter Godfrey. G. A. Everts. Robert Simerwell. L. M. Taylor. Francis Comparret. E. N. Cicott, Sint. J. B. Baure, Sint. H. Lasselle. Henry Ossem.

To the Indian names are subjoined marks.

Horses delivered.

After the signing of this treaty, and at the request of the Indians, two thousand seven hundred dollars were applied to the purchasing of horses, which were purchased and delivered to the Indians under our direction, leaving the sum to be paid in merchandise, at this time, twenty-nine thousand three hundred dollars.

$\begin{matrix} \end{matrix}$

$\begin{matrix} JONATHAN JENNINGS, \\ J. W. DAVIS, \\ MARKS CRUME, \end{matrix}} Com’rs.$

Claims to be paid.

It is agreed on the part of the United States, that the following claims shall be allowed, agreeable to the fourth article of the foregoing treaty, viz:

To Erasmus Winslow, three hundred dollars, Squire Thompson, one hundred dollars, L. Johnson, three hundred and seventy-five dollars, Francis Comperret, two thousand four hundred and fifty dollars, Ica Rice, fifteen hundred dollars, T. P. and J. J. Godfroy, two hundred and fifty dollars, Joseph Smith, twenty-six dollars, James Aveline, ninety-eight dollars, Edward Smith, forty-seven dollars,TREATY WITH THE KASKASKIAS, ETC. 1832.403 Gustavus A. Everts, two hundred dollars, Alexis Coquiliard, live thousand one hundred dollars, Lathrop M. Taylor, two thousand two hundred and eighty dollars, Peter and J. J. God troy, three thousand five hundred dollars, R. A. Forsyth, eighteen hundred dollars, Louis Dupuis, forty dollars, Timothy S. Smith, three hundred and ninety dollars, William Huff, one hundred dollars, Thomas Jones, two hundred and seventy-five dollars, Michael Cadieux, four hundred and ninety dollars, Arthur Patterson, nine hundred dollars, Samuel McGeorge, three hundred and fifty dollars, D. H. Colerick, one hundred and fifty dollars, James Conner, one thousand dollars,

$\begin{matrix} \end{matrix}$

$\begin{matrix} JONATHAN JENNINGS, \\ J. W. DAVIS, \\ MARKS CRUME, \end{matrix}} Com’rs.$

Oct. 27, 1832 Treaty 7 Stat. 403 ARTICLES OF A TREATY

Oct. 27, 1832.

Proclamation, Feb. 12, 1833.

Made and entered into at Castor Hill, in the county of St. Louis in the State of Missouri, this twenty-seventh day of October, one thousand eight hundred and thirty-two, between William Clark, Frank J. Allen and Nathan Kouns, Commissioners on the part of the United Stales, of the one part; and the Kaskaskia and Peoria tribes, which, with the Michigamia, Cahokia and Tamarois bands, now united with the two first named, tribes, formerly composed the Illinois nation of Indians, of the other part.

Whereas, the Kaskaskia tribe of Indians and the bands aforesaid united therewith, are desirous of uniting with the Peorias, (composed as aforesaid) on lands west of the State of Missouri, they have therefore for that purpose agreed with the commissioners aforesaid, upon the following stipulations:

Article I. The Kaskaskia tribe of Indians and the several bands

Cession by Kaskaskias.

united with them as aforesaid, in consideration of the stipulations herein made on the part of the United States, do forever cede and release to the United States the lands granted to them forever by the first section of the treaty of Vincennes of 13th August 1803, reserving however to

Ante, p. 70.

Reservation.

Ellen Decoigne the daughter of their late Chief who has married a white man, the tract of land of about three hundred and fifty acres near the town of Kaskaskia, which was secured to said tribe by the act of Congress of 3d March 1793.

Article II. The Kaskaskia tribe further relinquishes to the United

Annuity relinquished.

Ante, p. 77.

States the permanent annuity of one thousand dollars which they receive under the third article of the aforesaid treaty, and their salt annuity due by treaty of Fort Wayne of 7th June 1803.

Article III. The Peoria tribe and the bands aforesaid, united therewith,

Cession by Peorias.

cede and relinquish to the United States, all their claims to land heretofore reserved by, or assigned to them in former treaties, either in the State of Illinois or Missouri.

404

Cession by the U. S.

Article IV. The United States cede to the combined tribes of Kaskaskias and Peorias, and the bands aforesaid united with them, one hundred and fifty sections of land forever, or as long as they live upon it as a tribe, to include the present Peoria village, west of the State of Missouri, on the waters of Osage river, to be bounded as follows, to wit: North by the lands assigned to the Shawanoes; west, by the western line of the reservation made for the Piankeshaws, Weas and Peorias; and east by lands assigned the Piankeshaws and Weas.

Annuity.

Article V. In consideration of the foregoing cessions and relinquishments, the United [States] agree to pay to the said united Kaskaskia and Peoria tribes (composed as aforesaid) an annuity of three thousand dollars for ten successive years, to be paid on the lands assigned them in common, eitiier in money, merchandise, or domestic stock, at their option; if in merchandise, to be delivered to them free of transportation.

Claims of Peorias to lands in Missouri.

Article VI. And whereas, the said Peoria tribe, and the bands united with them as aforesaid, assert in Council, that they never understood the 5th article of the treaty of Edwardsville of 25th September 1825, as ceding to the United States their claims to lands in Missouri, on which they had been settled for a length of time previous to that treaty, and of which they had had possession for more than sixty years,—and now demand an equivalent for those claims. The Commissioners with a view of quieting forever the said claims and all demands of whatever nature which said Peoria tribe and the several bands united therewith as aforesaid, have against the government or citizens of the United States, agree to pay, viz:—To the Peorias in common with the Kaskaskias, the sum of sixteen hundred dollars; to the Kaskaskias alone, for seven horses lost by them, and for salt annuities due to them by the treaty of Fort Wayne aforesaid, three hundred and fifty dollars; to the Peorias alone for improvements on the lands they moved from, two hundred and fifty dollars; to the united Peorias and Kaskaskias, there shall be paid and delivered on their land as soon as practicable after the ratification of this treaty, cows and calves and other stock to the amount of four hundred dollars, three iron bound carts, three yoke of oxen, and six ploughs. There shall also be built for said tribes, four log houses;—for breaking up ground and fencing the same, three hundred dollars;—for agricultural implements, iron, and steel, fifty dollars per annum for four years. There shall also be paid to the said united tribes, on the signing of this treaty, eight hundred dollars in goods suited to their wants. Assistance shall also be given the Kaskaskias in moving to their lands, and provisions for one year after their removal, to the amount of one thousand dollars. It is understood that any stipulations in this or the preceding articles, for the benefit of the Peorias or Kaskaskias separately, or united, shall embrace, in either case the bands before mentioned, united with either, or both tribes, as the case may be.

Relinquishment of claims by Peorias, &c.

Article VII. In consideration of the stipulations contained in the preceding articles, the Peoria and Kaskaskia tribes and the bands of Michigamia, Cahokia and Tamarois Indians united with them, hereby forever cede and relinquish to the United States, their claims to lands within the States of Illinois and Missouri, and all other claims of whatsoever nature which they have had or preferred against the United States or the citizens thereof, up to the signing of this treaty.

Treaty binding when ratified.

Article VIII. This treaty after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties.

TREATY WITH THE MENOMONIES. 1832. 405

Done at Castor Hill, in the county of St. Louis in the State of Missouri, the day and year above written, and of the Independence of the United States the fifty-seventh.

WM. CLARK, FRANK J. ALLEN, NATHAN KOUNS.

Peorias.

Wah-pe-sha-ka-na, White Skin.

Keh-mah-re-ne-ah.

Pa-kee-sha-ma, Cutter.

Pa-me-kaw-wa-ta.

Al-le-ne-pe-shen-sha, Mans Track.

Kaskaskias.

Ke-mon-sah, Little Chief.

Wah-kah-pe-se-wah, Round Flyer.

Wa-pe-sae, White.

Pe-me-ka-wai, Mans Track.

In presence of James Kennedy, Secretary. A. Shane, U. S. Interpreter. Jacques Mette, U. S. Interpreter. Jesse Oliver. Pierre Menard. Wm. Radford, U. S. Navy. G. S. Rousseau, U. S. A. Meriwether Lewis Clark, Lieut. 6th Inf.

To the Indian names are subjoined marks.

Oct. 21, 1832 Treaty 7 Stat. 405 TREATY WITH THE MENOMINEE NATION.

Oct. 21, 1832.

Proclamation, March 13, 1833.

Whereas articles of agreement between the United States of America,

Preamble.

and the Menominee Indians, were made and concluded at the city of Washington, on the eighth day of February A. D. one thousand eight hundred and thirty-one, by John H. Eaton, and Samuel C. Stambaugh, Commissioners on the part of the United States, and certain Chiefs and Headmen of the Menominee Nation, on the part of said nation; to which articles, an addition or supplemental article was afterwards made, on the seventeenth day of Februry in the same year, by which the said Menominee Nation agree to cede to the United States certain parts of their land; and that a tract of country therein defined shall be set apart for the New York Indians. All which with the many other stipulations therein contained will more fully appear, by reference to the same. Which said agreements thus forming a Treaty, were laid before the Senate of the United States during their then session: but were not al said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty, made as aforesaid; by which it was stipulated that the said articles of agreement, concluded as aforesaid, should be laid before the next Senate of the United States, at their ensuing session; and if sanctioned and confirmed by them, that each and every article thereof should be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the previous session. And whereas the Senate of the United States, by their resolution of the twenty-fifth day of June, one thousand eight hundred and thirty-two, did advise and consent to accept, ratify and confirm the same, and every clause and article thereof upon the conditions expressed in the proviso, contained in their said resolution: which proviso is as follows: “Provided that for the purpose of establishing the rights of the New York Indians, on a permanent and just footing, the said treaty shall be ratified, with the express understanding that two townships of land on the east side of Winnebago Lake, equal to forty-six thousand and eighty acres shall be laid off (to commence at some point to be agreed on) for the use of the Stockbridge and Munsee tribes; and that the improvements made on the lands now in the possession of the said 406tribes on the east side of the Fox river, which said lands arc to be relinquished shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: Provided, however, that the valuation of such improvements shall not exceed the sum of twenty-five thousand dollars. And that there shall be one township of land adjoining the foregoing, equal to twenty-three thousand and forty acres laid off and granted for the use of the Brother-town Indians, who are to be paid by the Government the sum of one thousand six hundred dollars for the improvements on the lands now in their possession, on the east side of Fox river, and which lands are to be relinquished by said Indians: also that a new line shall be run, parallel to the southwestern boundary line or course of the tract of five hundred thousand acres, described in the first article of this treaty, and set apart fur the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute, on Fox river, and at a sufficient distance from the said boundary line as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river; and which two hundred thousand acres shall be a part of the five hundred thousand acres, intended to be set apart for the Six Nations of the New York Indians and the St. Regis tribe; and that an equal quantity to that which is added to the southwestern side shall be taken off from the northeastern side of the said tract described in that article, on the Oconto creek, to be determined by a commissioner to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations, and St. Regis tribe of Indians, shall not exceed the quantity originally stipulated by the treaty.” And whereas, before the treaty aforesaid, conditionally ratified, according to the proviso to the resolution of the Senate, above recited, could be obligatory upon the said Menominee nation, their assent to the same must be had and obtained. And whereas the honorable Lewis Cass, Secretary of the Department of War, by his letter of instructions of the eleventh day of September, A. D. 1832, did authorize and request George B. Porter, Governor of the Territory of Michigan, to proceed to Green Bay, and endeavor to procure the assent of the Menominees to the change proposed by the Senate, as above set forth; urging the necessity of directing his first efforts to an attempt to procure the unconditional assent of the Menominees to the said treaty, as ratified by the Senate. But should he fail in this object that he would then endeavor to procure their assent to the best practicable terms, short of those proposed by the Senate; giving them to understand that he merely received such proposition as they might make, with a view to transmit it for the consideration of the President and Senate of the United States. And if this course became necessary that it would be very desirable that the New York Indians should also signify their acceptance of the modifications required by the Menominees. And whereas, in pursuance of the said instructions the said George B. Porter proceeded to Green Bay and having assembled all the chiefs and headmen of the Menominee nation, in council, submitted to them, on the twenty-second day of October A. D. one thousand eight hundred and thirty-two, the said proviso annexed to the resolution aforesaid of the Senate of the United States, for the ratification of the said treaty: and advised and urged on them the propriety of giving their assent to the same. And the said chiefs and headmen having taken time to de liberate and reflect on the proposition so submitted to them, and which they had been urged to assent to, did in the most positive and decided manner, refuse to give their assent to the same. (The many reasons 407assigned for this determination, by them, being reported in the journal of the said commissioner, which will be transmitted with this agreement.) And whereas after failing in the object last staled, the said George B. Porter endeavored to procure the assent of the said chiefs and headmen of the Menominee nation to the best practicable terms short of those proposed by the Senate of the United States; and after much labor and pains, entreaty and persuasion, the said Menominees consented to the following, as the modifications which they would make; and which are reduced to writing, in the form of an agreement, as the best practicable terms which could be obtained from them, short of those proposed by the Senate of the United States, which they had previously positively refused to accede to. And as the modifications so made and desired, have been acceded to by the New York Indians, with a request that the treaty thus modified might be ratified and approved by the President and the Senate of the United States, it is the anxious desire of the Menominees also, that the treaty, with these alterations may be

Objects.

ratified and approved without delay, that they may receive the benefits and advantage secured to them by the several stipulations of the said treaty, of which they have so long been deprived.

The following is the article of agreement made between the said George B. Porter, commissioner on the part of the United States, specially appointed as aforesaid, and the said Menominee nation, through their chiefs and headmen on the part of their nation.

First. The said chiefs and headmen of the Menominee nation of

Grant of land to the Stockbridge, Munseo and Brother-town Indians.

Indians do not object to any of the matters contained in the proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the granting of three townships of laud on the east side of Winnebago Lake, to the Stockbridge Munsee and Brolhertown tribes; to the valuation and payment for their improvements, &c. (ending with the words “and which lands are to be relinquished by said Indians.”) They therefore assent to the same.

Second. The said chiefs and headmen of the Menominee nation of Indians, objecting to all the matters contained in the said proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the running of a new line parallel to the south-western boundary line or course of the tract of five hundred thousand acres, described in the first article of the treaty, and set apart for the New York Indians, to commence at a point on the southwestern side of Fox river, and one mile above the Grand Shute, on Fox river, and at a sufficient distance from the said boundary line, as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land, on and along the west side of the Fox river, without including any of the confirmed private land claims, on the Fox river, to compose a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and St. Regis tribe, agree in lieu of this proposition, to set off a like quantity of two hundred thousand acres as follows: The said Menominee nation hereby

Cession of land for New York Indians.

agree to cede for the benefit of the New York Indians along the south western boundary line of the present five hundred thousand acres described in the first article of the treaty as set apart for the New York Indians, a tract of land; bounded as follows. Beginning on the said

Boundaries.

treaty line, at the old mill dam on Fox river, and thence extending up along Fox river to the little Rapid Croche: from thence running a northwest course three miles; thence on a line running parallel with the several courses of Fox river, and three miles distant from the river, until it will intersect a line, running on a northwest course, commencing at a point one mile above the Grand Shute; thence on a line running northwest, so far as will be necessary to include, between the said last line and the line described as the southwestern boundary line of the 408five hundred thousand acres in the treaty aforesaid, the quantity of two hundred thousand acres; and thence running northcast until it will intersect the line, forming the southwestern boundary line aforesaid; and from thence along the said line to the old mill dam, or place of beginning, containing two hundred thousand acres. Excepting and reserving

Reservation.

therefrom the privilege, of Charles A. Grignon, for erecting a mill on Apple creek, &c. as approved by the Department of War on the twenty-second day of April one thousand eight hundred and thirty-one and all confirmed private land claims on the Fox river. The lines of the said tract of land so granted to be run, marked and laid off without delay, by a commissioner to be appointed by the President of the United States. And that in exchange for the above, a quantity of land equal to that which is added to the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto creek, to be run, marked and determined by the commissioner to be appointed by the President of the United States, as aforesaid, so that the whole number of acres to be granted to the Six Nations and St. Regis tribe of Indians, shall not exceed the quantity of five hundred thousand acres.

Treaty binding when ratified.

Third. The said chiefs and headmen of the Menominee nation agree, that in case the said original treaty, made as aforesaid, and the supplemental articles thereto, be ratified and confirmed at the ensuing session of the Senate of the United States, with the modifications contained in this agreement, that each and every article thereof shall be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the times originally agreed upon.

In consideration of the above voluntary sacrifices of their interest, made by the said Menominee nation, and as evidence of the good feeling of their great father, the President of the United States, the said George B. Porter commissioner as aforesaid, has delivered to the said chiefs, headmen, and the people of the said Menominee nation here

Presents.

assembled, presents in clothing to the amount of one thousand dollars: five hundred bushels of corn, ten barrels of pork, and ten barrels of flour, &c. &c.

In witness whereof, we have hereunto set our hands and seals, at the Agency House, at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty-two.

G. B. PORTER, Commissioner on behalf of the U. S.

Kaush-kau-no-naive, Grizzly Bear,

Osh-rosh, the Brave, (by his brother fully empowered to act.)

Osh-ke-e-na-neur, the Young Man,

A-ya-mah-ta, Fish Spawn,

Pe-wait-enaw, Rain,

Che-na-po-mee, One that is looked at,

Ko-ma-ni-kin, Big Wave,

Ke-shee-a-quo-teur, the Flying Cloud,

Wain-e-saut, One who arranges the circle,

Ke-shoh, the Sun (by his son, A-pa-ma-chao, Shifting Cloud,)

Ma-concee-wa-be-no-chee, Bear’s Child,

Wa-bose, the Rabbit,

Shaw-e-no-ge-sliick, South Sky,

Ac-ca-mut, the Prophet,

Mas-ka-ma-gee,

Sho-ne-on, Silver,

Maw-baw-so, Pole Color,

Paw-a-ko-neur, Big Soldier, (by his representative, Che-kaw-mah-kee-shen.)

Sealed and delivered, in the presence of, George Boyd, U.S. Indian Agent. Charles A. Grignon, Interpreter. Samuel Abbott. Joshua Boyer, Secretary. James M. Boyd. Richard Prickelt, Interpreter, Henry S. Baird. R. A. Forsyth, Paymaster U. S. A. B. B. Kercheval. Ebenezer Childs.

To the Indian names are subjoined a mark and seal.

Oct. 27, 1832 Appendix 7 Stat. 409 409 APPENDIX.

Oct. 27, 1832.

To all to whom these presents shall route, the undersigned, Chiefs and Headmen of the sundry tribes of New York Indians, (as set forth in the specifications annexed to their signatures,) send greeting:

Whereas a tedious, perplexing and harassing dispute and controversy have long existed between the Menominee nation of Indians and the New York Indians, more particularly known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and St. Regis tribe. The treaty made between the said Menominee nation, and the United States, and the conditional ratification thereof by the Senate of the United States, being stated and set forth in the within agreement, entered into between the chiefs and headmen of the said Menominees, and George B. Porter, Governor of Michigan, commissioner specially appointed, with instructions referred to in the said agreement. And whereas the undersigned are satisfied, and believe that the best efforts of the said commissioner were directed and used to procure, if practicable, the unconditional assent of the said Menominees to the change proposed by the Senate of the United States in the ratification of the said treaty: but without success. And whereas the undersigned further believe that the terms stated in the within agreement are the best practicable terms, short of those proposed by the Senate of the United States, which could be obtained from the said Menominees; and being asked to signify our acceptance of the modifications proposed as aforesaid by the Menominees, we are compelled, by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied, that the treaty should be ratified on the terms proposed by the Menominees. We further believe that the tract of land which the Menominees in the within agreement, are willing to cede, in exchange for an equal quantity on the northeast side of the tract of five hundred thousand acres, contains a sufficient quantity of good land, favorably and advantageously situated, to answer all the wants of the New York Indians, and St. Regis tribe. For the

Acceptance, on the part of the tribes interested, of the modifications proposed by the Menomonies.

purpose, then, of putting an end to strife, and that we may all sit down in peace and harmony, we thus signify our acceptance of the modifications proposed by the Menominees: and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menominees, may be ratified and approved by the President and Senate of the United States.

In witness whereof, we have hereunto set our hands and seals, at the Agency House at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty-two.

G. B. PORTER, Commissioner on behalf of the U. S.

For and on behalf of the Stockbridges and Munsees.

John Metoxen,

John W. Quinny,

Austin Quinny,

Jacob Chicks,

Robert Konkopa,

Thos. J. Hendrick,

Benjamin Palmer,

Sampson Medyard,

Capt. Porter,

For, and on behalf of the Brothertowns.

William Dick,

Daniel Dick,

Elcanah Dick.

For, and on behalf of the Six Nations and St. Regis tribe.

Daniel Bread,

John Anthony Brant,

Henry Powles,

Nathaniel Neddy,

Cornelius Stevens,

Thomas Neddy.

410 TREATY WITH THE PIANKESHAWS AND WEAS. 1832.

Scaled, and delivered, in the presence of George Boyd, U. S. Indian Agent. R. A. Forsyth, Paymaster U. S. A. Charles A. Grignon, Interpreter. Samuel Abbott, Joshua Boyer, Secretary. B. B. Kercheval. Eben. Childs, Henry S. Baird. Peter B. Grignon. Hanson Johnson. James M. Boyd. Richard Pricket, Interpreter.

To the Indian names are subjoined marks.

Oct. 29, 1832 Treaty 7 Stat. 410 ARTICLES OF A TREATY

Oct. 29, 1832.

Proclamation, Feb. 12, 1833.

Made and concluded at Castor Hill in the county of St. Louis and Stale of Missouri, between William Clark, Frank J. Allen, and Nathan Kouns, Commissioners on the part of the United States, of the one part, and the undersigned Chiefs, Warriors and Counsellors, of the Piankeshaw and Wea tribes of Indians, in behalf of their said tribes, of the other part.

Cession io U. S., &c.

Article I. The undersigned Chiefs, Warriors, and considerate men, for themselves and their said tribes, for and in consideration of the stipulations hereinafter made, do hereby cede and relinquish to the United States forever, all their right, title and interest to and in lands within the States of Missouri and Illinois—hereby confirming all treaties heretofore made between their respective tribes and the United States, and relinquishing to them all claim to every portion of their lands which may have been ceded by any portion of their said tribes.

Cession by U. S.

Article II. The United States cede to the Piankeshaw and Wea tribes, for their permanent residence, two hundred and fifty sections of land within the limits of the survey of the lands set apart for the Piankeshaws, Weas, and Peorias,—bounded east by the western boundary line of the State of Missouri for fifteen miles; north, by the southern boundary of the lands assigned to the Shawanoes; west by lands assigned to the Peorias and Kaskaskias, and south by the southern line of the original tract surveyed for the Piankcshaws, Weas and Peorias,—said tract being intended to include the present villages of the said Piankeshaws and Weas.

Payments to Piankeshaws.

Article III. As a full equivalent to the said Piankeshaw tribe for their claim for salt annuities, for improvements on the lands they moved from within the State of Missouri, and for horses lost when moving, the United States agree to pay them after the ratification of this treaty, cattle, hogs, and such farming utensils as may be required by said tribe on their laud, to the amount of five hundred dollars annually, for five years;—the sum of seven hundred and fifty dollars wifi also be expended in assistance to said tribe in agriculture, and improvements on the land hereby ceded to them, together with the sum of two hundred dollars in merchandize and cash paid at the signing of this treaty, the receipt whereof is hereby acknowledged by said tribe.

Payments to Weas.

Article IV. As a full equivalent to the Wea tribe, for the improvements made by them on the lands of the United States which they removed from,—for horses lost in consequence of such removal, and for all other claims which they have preferred, the United States agree to pay them after the ratification of this treaty, cattle, bogs, and farming utensils on their land to the amount of five hundred dollars, together with two hundred dollars this day paid them in cash and merchandize, the receipt of which is hereby acknowledged. The United States will also afford some assistance to that part of the Wea tribe now residing TREATY WITH THE SENECAS AND SHAWNEES. 1832.411in the State of Indiana, to enable them to join the rest of their tribe on the lands hereby assigned them, and will also furnish said portion of the tribe with provisions for one year after their arrival.

Article V. The United States will also support a blacksmith’s shop

Blacksmith’s shop.

for five years at a convenient place between the lands hereby ceded the said Piankeshaws and Weas, and the lands assigned to the Kaskaskias and Peorias; which shop is to be for the benefit of the said tribes of Piankeshaws, Weas, Peorias, and Kaskaskias, in common.

Article VI. This treaty to be obligatory on the contracting parties,

Treaty binding when ratified.

when ratified by the President and Senate of the United States.

Done at Castor Hill in the county of St. Louis in the State of Missouri, this twenty-ninth day of October, in the year of our Lord, eighteen hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

WM. CLARK, FRANK J. ALLEN, NATHAN KOUNS.

Weas.

Wa-pon-ke-ah, Swan,

Shin-ga-rea, Diving Duck,

Go-te-goh-pa, Stands by himself.

Piankeshaws.

Mah-son-shau, Thunder,

Nah-he-comma, To do right.

Signed in presence of Jas. Kennedy, Secretary. A. Shane, U. S. Interpreter. Jacques Mette, U. S. Interpreter. Jesse Elder. Joseph Guion. Baptiste Peoria, Interpreter. Pierre Menard. William Radford, U. S. Navy. G. S. Rousseau, U. S. A. Meriwether Lewis Clark, Lieut. 6th Inf’y.

To the Indian names are subjoined marks.

Dec. 29, 1832 Agreement 7 Stat. 411 ARTICLES OF AGREEMENT,

Dec. 29, 1832.

Proclamation, March 22, 1833.

Made and concluded at the Seneca agency, on the head waters of the Cowskin river, this 29th day of December, in the year of our Lord one thousand eight hundred and thirty-two, by and between Henry L. Ellsworth and John F. Schermerhorn, Commissioners, on behalf of the United Slates, and the Chiefs and Head men of the “United Nation” of the Senecas and Shawnee Indians, on behalf of said Tribe or Nation.

Whereas certain articles of agreement and convention were concluded

Preamble.

Ante, p. 351.

at Lewistown, Ohio, on the 20th day of July, A. D. 1831, by and between the United States and the Chiefs and Warriors of the mixed band of the Senecas and Shawnee Indians, residing at or near Lewistown, in the State of Ohio: And whereas, by the 2nd article of said agreement, the United States stipulated and agreed, with said Tribe, in the words following, to wit: “to grant by patent, in fee simple, to them, and their heirs forever, as long as they shall exist as a nation and remain on the same, a tract of land, to contain sixty thousand acres, to be located under the direction of the President of the United States, contiguous to the lands granted to the Senecas of Sandusky, by the treaty

Ante, p. 348.

made with them at the City of Washington, on the 28th of February 1831, and the Cherokee settlements—the east line of said tract shall be within two miles of the west line of the lands granted to the Senecas 412of Sandusky; and the south line shall be within two miles of the north line of the lands held by the Cherokees—and said two miles between the aforesaid lines, shall serve as a common passway between the before-mentioned Tribes, to prevent them from intruding upon the lands of each other.” And the treaty aforesaid was ratified and confirmed by the President and Senate of the United States, on the 6th day of April, A. D. 1832. And whereas, the said mixed Band of Senecas and Shawnees removed from their homes-in Ohio to settle upon the lands assigned them west of the Mississippi, in pursuance of the provisions and stipulations of the treaty aforesaid: And whereas, the said Senecas from San dusky, and the mixed Band of Senecas and Shawnees, have lately formed a confederacy, and have expressed their anxiety to unite as one Tribe or Nation, to be called the “United Nation of Senecas and Shawnees,” to occupy their land as tenants in common—and have the whole of the country provided for them by the United States located on the east side of Ne-o-sho or Grand river, which runs through and now divides the same: For the purpose of affording a more convenient and satisfactory location to said United Nation, the parties aforesaid do, therefore, hereby stipulate and agree as follows:

Cession lo the U. S.

Article I. The United Tribe of Senecas and Shawnee Indians do hereby cede, relinquish and forever quit claim to the United States, all the land granted to them on the west side of Ne-o-sho or Grand river, by treaties made respectively with the Senecas of Sandusky and the

Ante, p. 351.

Ante, p. 313.

mixed Band of Senecas and Shawnees of Lewistown, Ohio, on the 20th day of July, 1831, and on the 28th day of February, 1831.

Grant to Indians.

Article II. In consideration of said lands, described and ceded as aforesaid, the United States will grant, by letters patent, to the Tribe or Nation of Indians aforesaid, in manner as hereinafter mentioned, the following tract of land lying on the east side of Ne-o-sho or Grand river, viz: bounded on the east by the west line of the State of Mis souri; south by the present established line of the Cherokee Indians; west by Ne-o-sho or Grand river; and north by a line running parallel with said south line, and extending so far from the present north line of the Seneca Indians from Sandusky, as to contain sixty thousand acres, exclusive of the land now owned by said Seneca Indians, which said boundaries include, however, all the land heretofore granted said Senecas of Sandusky, on the east side of Grand river. And the United States will grant said tract of land, by two letters patent; the north half, in quantity, to be granted to the mixed band of the Senecas and Shawnees of Ohio, and the south half to the Senecas from Sandusky, aforesaid: the whole to be occupied in common, so long as the said Tribes or Bands shall desire the same. The said patents shall be granted in fee simple; but the lands shall not be sold or ceded without the consent of the United States.

Grist and sawmill, &c.

Article III. The United States, at the request of said “United Nation,” agree to erect immediately a grist mill, a sawmill and a black smith shop, and furnish the necessary tools and machinery in anticipation of a re-imbursement from sales of land, ceded to the United States,

Ante, pp. 343 & 351.

by the treaties aforesaid, of 28th of February, 1831, and July, 20th 1831, and so far in fulfilment of the same.

Claims against the U. S.

Article IV. The United Nation of Seneca and Shawnees having presented a claim for money advanced by them for forage while removing to their new homes in the west, and for horses and other property lost on the journey, the United States, in order to a final settle ment of such claim, agree to pay one thousand dollars, as follows, viz:—six hundred dollars to the Seneca tribe of Indians from Sandusky; and the sum of four hundred dollars to the Senecas and Shawnees from 413Lewistown, Ohio, to be distributed by their respective tribes among the claimants, as they may deem just and equitable; and to be received by them in full payment and satisfaction of all the claims aforesaid.

Article V. Nothing in these articles of agreement shall be construed

Rights under existing treaties.

to affect the respective rights of the Seneca tribe of Indians from Sandusky, and the Senecas and Shawnees from Lewistown, Ohio, as secured by existing treaties, except so far as said treaties are inconsistent with the provisions of the articles aforesaid.

Article VI. This agreement or treaty shall be binding and obligatory

Treaty binding when ratified.

upon the contracting parties from and after its ratification by the President and Senate of the United States.

In testimony whereof the said Henry L. Ellsworth and John F. Schermerhorn, Commissioners, and the Chiefs and Headmen of the United Nation of Seneca and Shawnee Indians, have hereunto signed their names and affixed their seals, on the day and year above written.

HENRY L. ELLSWORTH, JOHN F. SCHERMERHORN.

Sencca Chiefs.

Comstick, (first Chief Seneca nation,)

Seneca Steel,

Small Cloud Spicer,

George Curly Hair,

Tall Chief,

Captain Good Hunter,

Hard Hickory,

Wiping Stick,

Seneca John,

John Johnson,

John Sky,

Isaac White,

Joseph Smith,

Captain Smith.

Chiefs of Mixed Band.

Me-the-mea or Civil John, (first Chief Senccas and Shawnees)

Pe-wy-a-che,

Skilleway or Robbin,

John Jackson,

Quash-acaugh or Little Lewis,

To-ta-la or John Young,

Mingo Carpenter,

Jemmy McDaniel,

Civil John’s Son,

Yankee Bill,

Big Ash,

Civil John’s Young Son.

Signed, sealed and delivered in the presence of us: S. C. Stambaugh, Sec’y to Commis’rs. St. John F. Sane, Dis. Agent. Augt. A. Chouteau. Wm. Young. George Herron, Seneca Interpreter. Baptiste Peora, Shawnee Interpreter.

To the Indian names are subjoined a mark and seal.

Feb. 14, 1833 Agreement 7 Stat. 414 ARTICLES OF AGREEMENT AND CONVENTION

Feb. 14, 1833.

Proclamation, April 12, 1834.

Made and concluded at Fort Gibson, on the Arkansas river on the fourteenth day of February one thousand eight hundred and thirty-three, by and between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn duly appointed Commissioners on the part of the United States and the undersigned Chiefs and Head-men of the Cherokee nation of Indians west of the Mississippi, they being duly authorized and empowered by their nation.

Preamble.

Ante, p. 311.

Whereas articles of convention were concluded at the city of Washington, on the sixth day of May one thousand eight hundred and twenty eight, between James Barbour Secretary of War, being specially authorized therefor by the President of the United States, and the chiefs and head men of the Cheerokee nation of Indians west of the Mississippi, which articles of convention were duly ratified. And whereas it was agreed by the second article of said convention as follows “That the United States agree to possess the Cheerokees, and to guarantee it to them forever, and that guarantee is solemnly pledged, of seven millions of acres of land, said land to be bounded as follows; viz, commencing at a point on Arkansas river, where the eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas Territory to the southwest corner of Missouri, and thence with the western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand river, thence due west, to a point from which a due south course will strike the present northwest corner of Arkansas Territory, thence continuing due south on and with the present boundary line on the west of said Territory, to the main branch of Arkansas river, thence down said river to its junction with the Canadian, and thence up, and between said rivers Arkansas and Canadian to a point at which a line, running north and south, from river to river, will give the aforesaid seven millions of acres, thus provided for and bounded. The United States further guarantee to the Cherokee nation a perpetual outlet west, and a free and unmolested use of all the country lying west of the western boundary of the above-described limits; and as far west, as the sovereignty of the United States and their right of soil extend. And whereas there was to said articles of convention and agreement, the following proviso viz. “Provided nevertheless, that said convention, shall not be so construed, as to extend the northern boundary of said perpetual outlet west, provided for and guarantied in the second article of said convention, north of the thirty-sixth degree of north latitude, or so as to interfere with the lands assigned, or to be assigned, west of the Mississippi river, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Alabama, under the provision of any treaty, or treaties, heretofore concluded, between the United States, and the Creek tribe of Indians—and provided further, that nothing in said convention, shall be construed, to cede, or assign, to the Cheerokees any lands heretofore ceded, or assigned, to any tribe, or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes.”—And whereas, it appears from the Creek treaty, made with the United States, by the Creek nation, dated twenty-fourth day of January eighteen hundred and twenty-six, at the city of Washington; 414 TREATY WITH THE CHEROKEES. 1833.415that they had the right to select, and did select, a part of the country described within the boundaries mentioned above in said Cherokee articles of agreement—and whereas, both the Cheerokee and Creek nations of Indians west of the Mississippi, anxious to have their boundaries settled in an amicable manner, have met each other in council, and, after full deliberation mutually agreed upon the boundary lines be-tween them—Now therefore, the United States on one part, and the chiefs and head-men of the Cherokee nation of Indians west of the Mississippi on the other part, agree as follows:

Article I. The United States agree to possess the Cheerokees, and

Land granted lo Cherokees.

to guarrantee it to them forever, and that guarrantee, is hereby pledged, of seven millions of acress of land, to be bounded as follows viz: Beginning at a point on the old western territorial line of Arkansas Territory, being twenty-five miles north from the point, where the Territorial line crosses Arkansas river—thence running from said north point, south, on the said Territorial line, to the place where said Territorial line crosses the Verdigris river—thence down said Verdigris river, to the Arkansas river—thence down said Arkansas to a point, where a stone is placed opposite to the east or lower bank of Grand river at its junction with the Arkansas—thence running south, forty-four degrees west, one mile—thence in a straight line to a point four miles northerly from the mouth of the north fork of the Canadian—thence along the said four miles line to the Canadian—thence down the Canadian to the Arkansas—thence, down the Arkansas, to that point on the Arkansas, where the eastern Choctaw boundary strikes, said river; and running thence with the western line of Arkansas Territory as now defined, to the southwest corner of Missouri—thence along the western Missouri line, to the land assigned the Senecas; thence, on the south line of the Senecas to Grand river; thence, up said Grand river, as far as the south line of the Osage reservation, extended if necessary—thence up and between said south Osage line, extended west if necessary and a line drawn due west, from the point of beginning, to a certain distance west, at which, a line running north and south, from said Osage line, to said due west line, will make seven millions of acres within the whole described boundaries. In addition to the seven millions

Further guaranty.

of acres of land, thus provided for, and bounded, the United States, further guarrantee to the Cheerokee nation, a perpetual outlet west and a free and unmolested use of all the country lying west, of the western boundary of said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend—Provided however, that if the saline, or salt plain, on the great western prairie, shall fall within said limits prescribed for said outlet, the right is reserved to the United States to permit other tribes of red men, to get salt on said plain in common with the Cheerokees—and letters patent shall be issued by the United States as soon as practicable for the land hereby guaranteed.

Article II. The Cherokee nation hereby relinquish and quit claim

Quit-claim to the U. S. of former grant.

Ante, p. 311.

to the United States all the right interest and title which the Cheerokees have, or claim to have in and to all the land ceded, or claimed to have been ceded to said Cheerokee nation by said treaty of sixth of May one thousand eight hundred and twenty-eight, and not embraced within the limits or boundaries fixed in this present supplementary treaty or articles of convention and agreement.

Article III. The Cherokee nation, having particularly requested Sixth article of treaty of

May 6, 1828

, annulled.

Ante, p. 313.

the United States to annul and cancel the sixth article of said treaty of sixth May, one thousand eight hundred and twenty-eight, the United States, agree to cancel the same, and the same is hereby annulled—Said sixth article referred to, is in the following words—“It is moreover 416agreed by the United States, when the Cheerokees may desire it, to give them a plain set of laws, suited to their condition—also when they may wish to lay off their lands and own them individually, a surveyor shall be sent to survey them at the expense of the United States.

Blacksmiths and other workmen, materials and shops.

Article IV. In consideration of the establishment of new boundaries in part, for the lands ceded to said Cheerokee nation, and in view of the improvement of said nation, the United States will cause to be erected, on land now guaranteed to the said nation, four blacksmith shops, one wagon maker shop, one wheelwright shop, and necessary tools and implements furnished for the same; together with one ton of iron, and two hundred and fifty pounds of steel, for each of said blacksmith shops, to be worked up, for the benefit of the poorer class of red men, belonging to the Cherokee nation—And the United States, will employ four blacksmiths, one wagon-maker, and one wheelwright, to work in said shops respectively, for the benefit of said Cheerokee nation; and said materials shall be furnished annually, and said services continued, so long as the President may deem proper—And said United States, will cause to be erected on said lands, for the benefit of said Cheerokees, eight patent railway corn mills, in lieu of the mills to be erected according to the stipulation of the fourth article of said treaty, of sixth of May, one thousand eight hundred twenty-eight, from the avails of the sale of the old agency.

This supplementary to a former treaty.

Ante, p. 311.

Article V. These articles of agreement and convention are to be considered supplementary, to the treaty before mentioned between the United States, and the Cheerokee nation west of the Mississippi dated sixth of May one thousand eight hundred and twenty-eight, and not to vary the rights of the parties to said treaty, any further, than said treaty is inconsistent with the provisions of this treaty, now concluded, or these articles of convention and agreement.

One mile square for the agency.

Article VI. It is further agreed by the Cheerokee nation, that one mile square shall be reserved and set apart from the lands hereby guaranteed, for the accommodation of the Cheerokee agency; and the location of the same shall be designated by the Cheerokee nation, in conjunction with the agent of the Government of the United States.

Treaty binding when ratified.

Article VII. This treaty, or articles of convention, after the same have been ratified, by the President and Senate shall be obligatory on the United States and said Cheerokee nation.

In testimony whereof, the said Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn, commissioners as aforesaid, and the chiefs and head-men of the Cheerokee nation aforesaid have hereunto set their hands, at Fort Gibson on the Arkansas river, on the 14th day of February one thousand eight hundred and thirty-three.

MONTFORT STOKES, HENRY L. ELLSWORTH, J. F. SCHERMERHORN.

John Jolly,

Black Goat,

Waller Weller,

Principal Chiefs.

John Bogers, Pres’t Com.

Glass, Pres’t Council.

Signed, sealed and delivered in our presence: S. C. Staumbaugh, Sect’y Commrs. M. Arbuckle, Colo. 7th Infy. Geo. Vashon, Agt Chers. west. Jno. Campbell, Agt Creeks. Wilson Nesbitt. Peter A. Carns. N. Young, Major U. S. Army. W. Seawell, Lieut. 7th Infy. Wm. Thornton, Clk Committee. Charles Webber, Clk Council. Alexander Brown, Jno. Hambly, Interpreters.

To the Indian names are subjoined marks.

Feb. 14, 1833 Agreement 7 Stat. 417 ARTICLES OF AGREEMENT AND CONVENTION,

Feb. 14, 1833.

Proclamation, April 12, 1834.

Made and concluded at Fort Gibson, between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn, Commissioners on the part of the United States, and the undersigned Chiefs and Head-men of the Muskogee or Creek nation of Indians, this 14th day of February, A. D. 1833.

Whereas, certain articles of a treaty were concluded at the City of

Preamble.

Ante, p. 286.

Washington, on the 24th day of January one thousand eight hundred and twenty-six, by and between James Barbour, Secretary of War, on behalf of the United States, and the Chiefs and head-men of the Creek nation of Indians; by which it is agreed that the said Indians shall remove to a country west of the Mississippi river: and whereas the sixth article of said treaty provides as follows:—“that a deputation of five persons shall be sent by them, (the Creek nation) at the expense of the United States, immediately after the ratification of the treaty, to examine the country west of the Mississippi, not within the limits of the States or Territories, and not possessed by the Choctaws or CherokBes. And the United States agree to purchase for them, if the same can conveniently be done upon reasonable terms, wherever they may select, a country, whose extent shall in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the Presiden may think proper, just reference being had to the wishes of the emigrating party.” And whereas, the Creek Indians aforesaid, did send five persons as delegates, to explore the country pointed out to them by their treaty; which delegates selected a country west of the Territory of Arkansas, lying and being along and between the Verdigris, Arkansas, and Canadian rivers: and, to the country thus selected, a party of the Creek Indians emigrated the following year. And whereas certain articles of treaty or convention, were concluded at the city of Washington on the 6th day of May, A. D. one thousand eight hundred and

Ante, p. 311.

twenty-eight, by and between James Barbour Secretary of War, on behalf of the United States, and certain chiefs and head-men of the Cherokee nation of Indians; by the second article of which convention, a country was assigned to the Cherokee Indians aforesaid, including within its boundaries some of the lands previously selected and claimed by the Creek Indians, under their treaty aforesaid. And whereas, the President and Senate of the United States, for the purpose of protecting the rights secured to the Creek Indians, by their treaty stipulations, and with a view to prevent collision and misunderstanding between the two nations, ratified and confirmed the Cherokee treaty, on the 28th day of May, 1828, with the following proviso: viz.—“Provided, nevertheless, that the said convention shall not be so construed as to extend the northern boundary of the perpetual outlet west, provided for and guarranteed in the second article of said convention, north of the 36th deg. of north latitude, or so as to interfere with the lands assigned, or to be assigned, west of the Mississippi river to the Creek Indians, who have emigrated or may emigrate from the States of Georgia and Alabama, under the provisions of any treaty or treaties heretofore concluded between the United States and the Creek tribe of Indians: And provided further, that nothing in the said convention shall be construed 417 418TREATY WITH THE CREEKS. 1833.to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes.” And whereas the said proviso and ratification of the Cherokee treaty, was accepted by the delegates of the nation, then at the City of Washington as satisfactory to them, as is shown in and by their certain instrument in writing, bearing date the

Ante, p. 315.

Difficulties subsequent to former treaty. 31st day of May 1828, appended to and published with their treaty aforesaid. But, afterwards, the Cherokees of Arkansas and many of those residing east of the Mississippi at the time that treaty was concluded, removed to the country described in the second article of their treaty and settled upon a certain portion of the land claimed by the Creek Indians under their treaty provisions and stipulations. And whereas difficulties and dissensions thus arose between the Cherokees and Creek tribes about their boundary lines, which occasioned an appeal to the President of the United States for his interposition, and final settlement of the question, which they were uuable to settle between themselves. And whereas the commissioners of the United States, whose names are signed hereto, in pursuance of the power and authority vested in them by the President of the United States, met the chiefs and bead-men of the Cherokee and Creek nations of Indians, in council, on the 29th ultimo; and after a full and patient hearing and careful examination of all the claims, set up and brought forward by both the contending parties, they have this day effected an adjustment of all their difficulties, and have succeeded in defining and establishing boundary lines to their country west of the Mississippi, which have been acknowledged, in open council, this day, to be mutually satisfactory to both nations.

Objects.

Now, therefore, for the purpose of securing the great objects contemplated by an amicable settlement of the difficulties heretofore existing between the Cherokee and Muskogee or Creek Indians, so injurious to both parties; and in order to establish boundary lines which will secure a country and permanent home to the whole Creek nation of Indians, including the Seminole nation who are anxious to join them, the under-signed commissioners, duly authorized to act on behalf of the United States, and the chiefs and head-men of the said Muskogee or Creek Indians, having full power and authority to act for their people west of the Mississippi, hereby agree to the following articles:

Peace and friendship.

Art. I. The Muskogee or Creek nation of Indians, west of the Mississippi declare themselves to be the friends and allies of the United States, under whose parental care and protection they desire to continue: and that they are anxious to live in peace and friendship not only with their near neighbors and brothers, the Cherokees, but with all the surrounding tribes of Indians.

Bounds of the grants to the Greeks.

Art. II. The United States hereby agree, by and with the consent of the Creek and Cherokee delegates, this day obtained, that the Muskogee or Creek country west of the Mississippi, shall be embraced within the following boundaries, viz:—Beginning at the mouth of the north fork of the Canadian river, and run northerly four miles—thence running a straight line so as to meet a line drawn from the south bank of the Arkansas river opposite to the east or lower bank of Grand river, at its junction with the Arkansas, and which runs a course south, 44 deg. west, one mile, to a post placed in the ground—thence along said line to the Arkansas, and up the same and the Verdigris river, to where the old territorial line crosses it—thence along said line north to a point twenty-five miles from the Arkansas river where the old territorial line crosses the same—thence running a line at right angles with the territorial line aforesaid, or west, to the Mexico line—thence along the said line southerly to the Canadian river or to the boundary of the Choctaw 419country—thence down said river to the place of beginning. The lines, hereby defining the country of the Muskogee Indians on the north and cast, bound the country of the Cherokees along these courses, as settled by the treaty concluded this day between the United States and that tribe.

Art. III. The United States will grant a patent, in fee simple, to the

U. S. will convey in fee simple.

Creek nation of Indians for the land assigned said nation by this treaty or convention, whenever the same shall have been ratified by the President and Senate of the United States—and the right thus guarranteed by the United States shall be continued to said tribe of Indians, so long as they shall exist as a nation, and continue to occupy the country hereby assigned them.

Art. IV. It is hereby mutually understood and agreed between the

The whole Creek nation and the Seminoles interested.

parties to this treaty, that the land assigned to the Muskogee Indians, by the second article thereof, shall be taken and considered the property of the whole Muskogee or Creek nation, as well of those now residing upon the land, as the great body of said nation who still remain on the east side of the Mississippi: and it is also understood and agreed that the Seminole Indians of Florida, whose removal to this country is provided for by their treaty with the U. S. dated May 9th, 1832, shall also

Ante, p. 368.

have a permanent and comfortable home on the lands hereby set apart as the country of the Creek nation: and they (the Seminoles) will here after be considered a constituent part of said nation, but are to be located on some part of the Creek country by themselves—which location will be selected for them by the commissioners who have signed these articles of agreement or convention.

Art. 5. As an evidence of the kind feeling of the United States

Additional blacksmith, &c. to be furnished by U. S.

towards the Muskogee Indians, and as a testimonial of the [their] gratification with the present amicable and satisfactory adjustment of their difficulties with the Cherokees, experienced by the commissioners, they agree on behalf of the United States, to furnish to the Creek Indians west of the Mississippi, one blacksmith and one wheelwright or wagonmaker, as soon as they may be required by the nation, in addition to those already employed—also, to erect shops and furnish tools for the same, and supply the smith shops with one ton of iron and two hundred and fifty pounds of steel each; and allow the said Creek Indians, annually, for education purposes, the sum of one thousand dollars, to be expended under the direction of the President of the United States—the whole of the above grants to be continued so long as the President may consider them conducive to the interest and welfare of the Creek Indians: And the United Stales will also cause to be erected, as soon as conveniently can be done, four patent rail way mills, for grinding corn; and will immediately purchase for them twenty-four cross-cut saws. It being distinctly understood, however, that the grants thus made to the Creek Indians, by this article, are intended solely for the use and benefit of that portion of the Creek nation, who are now settled west of the Mississippi.

Art. VI. The United States agree that the improvements which the

Improvements left to be paid for.

Creek Indians may be required to leave, in consequence of the boundary lines this day settled between their people and the Cherokees, shall be valued with as little delay as possible, and a fair and reasonable price paid for the same by the United States.

Art. VII. It is hereby agreed by the Creek nation, parties hereto,

Friendly Indians may use the salt plains

that if the saline or salt plains on the great western prairies, should come within the boundaries defined by this agreement, as the country of the Creek nation, then, and in that case the President of the United States, shall have the power to permit all other friendly Indian tribes to 420TREATY WITH THE OTTAWAS. 1833.visit said salt plains and procure thereon and carry away salt sufficient for their subsistence, without hindrance or molestation from the said Creek Indians.

The land granted in lieu of former grant.

Art. VIII. It is agreed by the parties to this convention, that the country hereby provided for the Creek Indians, shall be taken in lieu of and considered to be the country provided or intended to be provided, by the treaty made between the United States and the Creek

Ante, p. 286.

nation on the 24th day of January, 1826, under which they removed to this country.

Treaty binding when ratified.

Art. IX. This agreement shall be binding and obligatory upon the contracting parties, as soon as the same shall be ratified and confirmed by the President and Senate of the United States.

Done in open council, at Fort Gibson, this 14th day of February, A. D. one thousand eight hundred and thirty-three.

MONTFORT STOKES, HENRY L. ELLSWORTH, J. F. SCHERMERHORN.

Chiefs of Creek nation.

Roly McIntosh,

Fuss hatchie Micoe,

Benj. Perryman,

Hospottock Harjoe,

Cowo-coogce Maltha,

Holthimotty Tustonnucky,

Toatkah Haussie,

Istauchoggo Harjoe,

Chocoatie Tustonnucky.

Signed, sealed and delivered in our presence: S. C. Stambaugh, Secty to Comms. M. Arbuckle, Colo. 7th Infy. Jno. Campbell, Agt. Creeks. Geo. Vashon, Agt. Chers. west. N. Young, Major U. S. Army. Wilson Nesbitt. W. Seawell, Lieut. 7th Infy. Peter A. Carns, Jno. Hambly, Interpreter. Alex. Brown, Cher. Interpr.

To the Indian names are subjoined a mark and seal.

Feb. 18, 1833 Treaty 7 Stat. 420 ARTICLES OF A TREATY

Feb. 18, 1833.

Proclamation, March 22, 1833.

Made at Maumee in the State of Ohio, on the eighteenth day of February in the year of our Lord one thousand eight hundred and thirty-three, between George B. Porter, Commissioner on the part of the United States, of the one part; and the undersigned Chiefs and Head men of the Band of Ottawa Indians, residing on the Indian Reserves, on the Miami of Lake Erie, and in the vicinity thereof, representing the whole of said band, of the other part:

Preamble.

Whereas, by the twentieth article of the treaty concluded at the foot of the Rapids of the Miami of Lake Erie, on the twenty-ninth day of September A. D. 1817, it is provided as follows: “The United States also agree to grant, by patent, to the Chiefs of the Ottawa tribe of Indians for the use of the said tribe, a tract of land, to contain thirty-four square miles, to be laid out as nearly in a square form as practicable, not interfering with the lines of the tracts reserved by the treaty of Greenville, on the south side of the Miami River of Lake Erie, and to include Tush-que-gan, or McCarty’s village; which tracts, thus granted, shall be held by the said tribe, upon the usual conditions of Indian reservations, as though no patent were issued.” And whereas 421by the sixth article of the treaty concluded at Detroit, on the seventeenth

Objects.

Ante, p. 105.

day of November A. D. 1807, it is provided, for the accommodation of the Indians named in the treaty, that certain tracts of land, within the cession then made, should be reserved to the said Indian nations, among which is a reservation described as follows Four miles square on the Miami Bay, including the villages where Meskeman and Waugan now live,” which reservation was expressly made for the Ottawa tribe. By virtue of which stipulations and reservations the said Band of Ottawas are now in the occupancy and enjoyment of the two tracts of land therein described;—and for the consideration hereinafter stated, have agreed to cede the same to the United States; and bind themselves to each and all of the articles, and conditions which follow:

Article I. The said Ottawa Band cede to the United States all their

Cession to the United States.

land on each or either side of the Miami River of Lake Erie, or on the Miami Bay, being all the lands mentioned or intended to be included in the two reservations aforesaid, or to which they have any claim. No claims to be made for improvements.

Article II.

It is agreed that out of the lands hereby ceded, the following

Reservations.

reservations shall be made: and that patents for each tract shall be granted by the United States to the individuals respectively and their heirs for the quantity hereby assigned to each, that is to say:—A tract of fifteen hundred and twenty acres shall be laid off at the mouth of the River, on the south side thereof, and to be so surveyed as to accommodate the following persons, for whose use respectively, each tract hereinafter described is reserved, viz: three hundred and twenty acres for Au-to-kee, a Chief, at the mouth of the river, to include Presque Isle:—eight hundred acres for Jacques, Robert, Peter, Antoine, Francis and Alexis Navarre, to include their present improvements:—one hundred and sixty acres for Wa-say-on, the son of Tush-qua-guan, to include his father’s old cabin:—the remaining two hundred and forty acres to be set off in the rear of these two sections:—eighty acres thereof for Pe-tau, and if practicable to include her cabin and field:—eighty acres more thereof for Che-no, a Chief, above, or higher up the little creek, and the other eighty acres thereof, for Joseph Le Cavalier Ranjard, in trust for himself, and the legal representatives of Albert Ranjard, deceased. Also, the following tracts on the north side of said river:—one hundred and sixty acres for Wau-sa-on-o-quet, a Chief, to include the improvement where he now lives on Pike creek, and to front on the Bay:—eighty acres for Leon Guoin and his children, ad joining the last and on the south side thereof:—one hundred and sixty acres for Aush-cush and Ke-tuck-kee, Chiefs, to be laid off on the north side of Ottawa creek, fronting on the same, and above the place where the said Aush-cush now lives. One hundred and sixty acres for Robert A. Forsyth of Maumee, to be laid off on each side of the turnpike road where half-way creek crosses the same: and one hundred and sixty acres, fronting on the Maumee River, to include the place where Ke-ne-wau-ba formerly resided:—one hundred and sixty acres for John E. Hunt, fronting on the said river, immediately above and adjoining the last; and also one hundred and sixty acres, to adjoin the former tract, on the turnpike road. The said tracts to be surveyed and set off, under

Surveys.

the direction of the President of the United States.

The said Au-to-kee, Wa-say-on, Pe-tau-che-no, Wau-sa-on-o-quet, Aush-cush, and Ke-tuck-kee, being Indians, the lands hereby reserved for them, are not to be alienated without the approbation of the President of the United States.

The said Leon Guoin has resided, for a long time among these Indians;—has subsisted them when they would otherwise have suffered, and they are greatly attached to him. They request that the grant be 422to him and his present wife, during their joint lives, and the life of the survivor, and to their children in fee.

The said Jacques, Robert, Peter, Antoine, Francis and Alexis Navarre have long resided among these Indians—intermarried with them, and been valuable friends.

The said Albert Ranjard, deceased, had purchased land of them previous to the late war, upon which, before he died, he had paid them three hundred dollars, for which his family have never received any equivalent.

The reservations to the said Robert A. Forsyth and John E. Hunt, being at the especial request of the said band, in consideration of their long residence among them, and the many acts of kindness they have extended to them.

Consideration.

Article III.

In consideration of which it is agreed that the United States shall pay to the said band of Indians the sum of twenty-nine thousand four hundred and forty dollars, to be, by direction of the said band, applied in extinguishment of their debts, in maimer following: that is to say, to John Hollister and Company, seven thousand three hundred and sixty-five dollars, which includes other claims, directed by the said Indians to be by him paid, amounting to thirteen hundred and ninety-five dollars, as per schedule A. herewith:—To John E. Hunt, nine thousand nine hundred and twenty-nine dollars, which includes other claims, directed by the said Indians to be by him paid, amounting to two thousand six hundred and seventy-five dollars, and sixty-three cents, as per schedule B. herewith:—To Robert A. Forsyth of Maumee, ten thousand eight hundred and ninety dollars, which includes other claims directed by the said Indians to be by him paid, amounting to four thousand four hundred and ten dollars, as per schedule C. here with.—To Louis Beaufit seven hundred dollars. To Pierre Menard four hundred dollars. To John King, one hundred dollars. To Louis King fifty-six dollars.(a) (a) These Schedules are not on file at Washington.

Removal of Indians from lands ceded.

Within six months after payment by the United States, of the said consideration money the said Indians agree to remove from all the lands herein ceded. And it is expressly understood that in the meantime no interruption shall be offered to the survey of the same by the United States.

Claims.

And whereas the said Band have represented to the said Commissioner that under the treaty, as interpreted to them, entered into with John B. Gardiner, Commissioner on the part of the United States, on

Ante, p. 359.

the 30th day of August, 1831, for the cession of a part of their lands, there is due to them, jointly with that portion of the tribe that has emigrated, eighteen thousand dollars, and for which they have made claim: whenever this deficiency shall be paid, it is agreed that out of said fund there shall be paid to Joseph Leronger in full satisfaction of all his claim, four hundred dollars; and to Pierre Menard in like satisfaction, sixteen hundred dollars; to Gabriel Godfroy, junior, in like satisfaction, two hundred dollars, to Waubee’s daughter Nau-quesh-kum-o-qua, fifty dollars; to Charles Leway or Nau-way-nes, fifty dollars; to Dr. Horatio Conant, two hundred dollars in full satisfaction of all his claim; to Joseph F. Marsac, fifty dollars.

Treaty binding when ratified.

This treaty, after the same shall have been ratified by the President and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof the said George B. Porter, and the undersigned Chiefs and Headmen of the said Band, have hereunto set their hands, at Maumee, the said day and year.

G. B. PORTER TREATY WITH THE SEMINOLES. 1833. 423

Wau-see-on-o-quet,

An-to-kee,

She-no,

Wau-be-gai-kek,

Shaw-wa-no,

Kee-tuk-kee,

Aush-cush,

No-ten-o,

Way-say-on,

Sas-sain,

Nau-qua-gai-shik,

O-sage,

Me-sau-kee,

Kin-je-way-no,

An-ne-qua-to,

Meesh-quel,

Sa-see-go-wa,

Pe-ton-o-quet,

Saw-ga-nosb,

Enne-me-kee,

Aish-qua-bee.

In presence of E. A. Brush, Sec’y Kintzing Pritchette. Henry Conner. Louis Beaufait. James Jackson, Sub Agent. John E. Hunt. Chs. C. P. Hunt. G. B. Knaggs. John Hollister. James H. Forsyth. J. D. Beaugrand.

To the Indian names are subjoined marks.

March 28, 1833 Treaty 7 Stat. 423 TREATY WITH THE SEMINOLE INDIANS.

March 28, 1833.

Proclamation, April 12, 1834.

Whereas, the Seminole Indians of Florida, entered into certain articles

Preamble.

of agreement, with James Gadson, [Gadsden,] Commissioner on behalf of the United States, at Payne’s landing, on the 9th day of May,

Ante, p. 368.

1832: the first article of which treaty or agreement provides, as follows: “The Seminoles Indians relinquish to the United States all claim to the land they at present occupy in the Territory of Florida, and agree to emigrate to the country assigned to the Creeks, west of the Mississippi river; it being understood that an additional extent of territory proportioned to their number will be added to the Creek country, and that the Seminoles will be received as a constituent part of the Creek nation, and be re-admitted to all the privileges as members of the same.” And whereas, the said agreement also stipulates and provides, that a delegation of Seminoles should be sent at the expense of the United States to examine the country to be allotted them among the Creeks, and should this delegation be satisfied with the character of the country and of the favorable disposition of the Creeks to unite with them as one people, then the aforementioned treaty would be considered binding and obligatory upon the parties. And whereas a treaty was made

Treaty with the Creeks of Feb. 14, 1833.

Ante, p, 417.

between the United States and the Creek Indians west of the Mississippi, at Fort Gibson, on the 14th day of February 1833, by which a country was provided for the Seminoles in pursuance of the existing arrangements between the United States and that tribe. And whereas, the special delegation, appointed by the Seminoles on the 9th day of May 1832, have since examined the land designated for them by the undersigned Commissioners, on behalf of the United States, and have expressed themselves satisfied with the same, in and by their letter dated, March 1833, addressed to the undersigned Commissioners.

Now, therefore, the Commissioners aforesaid, by virtue of the power

Commissioners designate land for the Seminoles.

Ante, p. 447.

and authority vested in them by the treaty made with Creek Indians on the 14th of February 1833, as above stated, hereby designate and assign to the Seminole tribe of Indians, for their separate future residence, forever, a tract of country lying between the Canadian river and the north fork thereof, and extending west to where a line running north and south between the main Canadian and north branch, will strike the forks of Little river, provided said west line does not extend more than twenty-five miles west from the mouth of said Little river. And the undersigned Seminole chiefs, delegated as aforesaid, on behalf of their 424TREATY WITH THE QUAPAWS. 1833.nation hereby declare themselves well satisfied with the location provided for them by the Commissioners, and agree that their nation shall commence the removal to their new home, as soon as the Government wifi make arrangements for their emigration, satisfactory to the Seminole nation.

Major Phagan to superintend removal of Indians.

And whereas, the said Seminoles have expressed high confidence in the friendship and ability of their present agent, Major Phagen, and desire that he may be permitted to remove them to their new homes west of the Mississippi; the Commissioners have considered their request, and cheerfully recommend Major Phagan as a suitable person to be employed to remove the Seminoles as aforesaid, and trust his appointment will be made, not only to gratify the wishes of the Indians but as conducive to the public welfare.

In testimony whereof, the Commissioners on behalf of the United States and the delegates of the Seminole nation, have hereunto signed their names, this 28th day of March, A. D. 1833, at Fort Gibson.

MONTFORT STOKES, HENRY L. ELLSWORTH, JOHN F. SCHERMERHORN.

Seminole Delegates:

John Hick, representing Sam. Jones,

Holata Emartla,

Jumper,

Coi Hadgo,

Charly Emartla,

Ya-ha-hadgo,

Ne-ha-the-clo, representing Fuch-a-lusti-hadgo.

On behalf of the Seminole nation.

Read and signed in our presence: S. C. Stambaugh, Secty. Comm’rs. John Phagan, Agent. P. L. Chouteau, U. S. Ind. Agt. for Osages. A. P. Chouteau. Enoch Steer. Abraham, Seminole Interpr.

To the Indian names are subjoined marks.

May 13, 1833 Treaty 7 Stat. 423 ARTICLES OF AGREEMENT

May 13, 1833.

Proclamation, April 12, 1834.

Or a treaty between the United States and the Quapaw Indians entered into by John F. Schermerhorn, commissioner of Indian affairs west on the part of the United States and the chiefs and warriors of the Quapaw Indians.

Preamble.

Ante. p. 232.

Whereas, by the treaty between the United States and the Quapaw Indians, concluded November 15th, 1824, they ceded to the United States all their lands in the Territory of Arkansas, and according to which they were “to be concentrated and confined to a district of country inhabited by the Caddo Indians and form a part of said tribe,” and whereas they did remove according to the stipulations of said treaty, and settled on the Bayou Treache on the south side of Red River, on a tract of land given them by the Caddo Indians, but which was found subject to frequent inundations on account of the raft on Red River, and where their crops were destroyed by the water year after year, and which also proved to be a very sickly country and where in a short time, nearly one-fourth of their people died, and whereas they could obtain no other situation from the Caddoes and they refused to incorpo-425rate them and receive them as a constituent part of their tribe as contemplated by their treaty with the United States, and as they saw no alternative but to perish if they continued there, or to return to their old residence on the Arkansas, they therefore chose the latter; and whereas they now find themselves very unhappily situated in consequence of having their little improvements taken from them by the settlers of the country; and being anxious to secure a permanent and peaceable home the following articles or treaty are agreed upon between the United States and the Quapaw Indians by John F. Schermerhorn _ _ _ commissioners of Indian affairs west and the chiefs and warriors of said Quapaw Indians this (13th) thirteenth day of May 1833.—

Article I. The Quapaw Indians hereby relinquish and convey to

Lands formerly given relinquished to U.S.

the United States all their right and title to the lands given them by the Caddo Indians on the Bayou Treache of Red River.—

Art. II. The United States hereby agree to convey to the Quapaw

Other lands granted by U.S.

Indians one hundred and fifty sections of land west of the State line of Missouri and between the lands of the Senecas and Shawnees, not heretofore assigned to any other tribe of Indians, the same to be selected and assigned by the commissioners of Indian affairs west, and which is expressly designed to be [in] lieu of their location on Red River and to carry into effect the treaty of 1824, in order to provide a permanent home for their nation; the United States agree to convey the same by patent, to them and their descendants as long as they shall exist as a nation or continue to reside thereon, and they also agree to protect them in their new residence, against all interruption or disturbance from any other tribe or nation of Indians or from any other person or persons whatever.

Art. III. Whereas it is the policy of the United States in all their

Expenses of removal, &c.

intercourse with the Indians to treat them liberally as well as justly, and to endeavour to promote their civilization and prosperity; it is further agreed that in consideration of the important and extensive cessions of lands made by the Quapaws to the United States and in view of their present impoverished and wretched condition, they shall be removed to their new homes at the expense of the United States and that they will supply them with one year’s provision from the time of their removal, which shall be as soon as they receive notice of the ratification of this treaty by the President and Senate of the United States. The United States will also furnish and deliver to them, after their arrival at their new homes, one hundred cows, one hundred breeding hogs, one hundred sheep, ten yoke of working cattle, twenty-five ploughs, one hundred axes, one hundred hoes, four ox carts, and one wagon, with all their necessary rigging, twenty iron hand corn-mills, tools of different descriptions to the amount of two hundred dollars, also looms, wheels, reels and wool-cards to the amount of two hundred dollars, ope hundred blankets, fifty rifles, and five shot guns all with flint locks, ten kegs of powder, and six hundred pounds of lead; The United States agree to provide a farmer to reside with them and to aid and instruct them in their agricultural pursuits and a blacksmith to do their necessary work, with a shop and tools and iron and steel not exceeding one ton per year. The United States also agree to appropriate one thousand dollars per year for education purposes to be expended under the direction of the President of the United States; the fanner and blacksmith and the above appropriation for education purposes to be continued only as long as the President of the United States deems necessary for the best in terests of the Indians.

Art. IV. It is hereby mutually agreed upon between the parties respectively

Debts to be paid by U.S.

to this treaty, that in lieu of and in full consideration of their 426present annuities perpetual and limited, the United States will pay the debts of the Quapaw Indians aoccrdiuc to the annexed schedule to the amount of four thousand one hundred and eighty dollars provided they

Other allowances.

can be discharged in full for that amount. They will also expend to the amount of one thousand dollars in hiring suitable labourers to build and aid them in erecting comfortable cabins and houses to live in; and also that they will pay them annually two thousand dollars for twenty years from the ratification of this treaty, and that out of said annuity there shall be allowed to their four principal chiefs, Hackatton, Sarassan, Tonnonjinka and Kaheketteda, and to their successors each, in addition to their distributive share of said annuity, the sum of fifty dollars per year.

Stock, &c. granted, to be under the care of the agent.

Ante, p. 232.

Art. V. It is hereby agreed, and expressly understood, that this treaty is only supplementary to the treaty of 1824, and designed to carry into effect the views of the United States in providing a permanent and comfortable home for the Quapaw Indians; and also that all the stock and articles furnished the Indians by the United States as expressed in the fourth article shall be under the care and direction of the agent and farmer of said tribe, to see that the same is not squandered or sold, or any of the stock slain by the Indians, untill such time as the natural increase of the stock will warrant the same to be done without destroying the whole, and thus defeating the benevolent views of the Government in making this provision for them.

Interpreter to accompany the Indians.

Art. VI. The United States also agrees to employ an interpreter to accompany them on their removal and the same to continue with them during the pleasure of the President of the United States—The above treaty shall be binding on the United States whenever ratified and approved by the President and Senate of the United States.—

JOHN F. SCHERMERHORN.

Heckatton chief,

Sarrasin chief,

Tounoujinka chief,

Kaheketteda chief,

Monehunka,

Kunkadaquene,

Waltckiane,

Hadaskamoncne,

Huminonene,

Hikagucdotlon,

Mouasockane.

The above treaty was signed, in open council, in the presence of Richd. M. Hannum, S. A. Antoine Barraque. James W. Walker. Frederick Saugrain. John D. Shaw. Joseph Ducbasin, Intpre.

To the Indian names are subjoined marks.

The amount due from the Quapaw tribe of Indians to the following named persons—

Frederic Notrabe	$567 00
Joseph Dardene	300 00
Ignace Bogy	170 00
Alexander Dickerson	28 00
William Montgomery	350 00
Joseph Bonne	30 00
Joseph Duchasin	30 00
Baptiste Bonne	20 00
Antoine Barraque	2,235 00
George W. Boyer	50 00
Weylon King	400 00
$4,180 00

June 18, 1833 Treaty 7 Stat. 427 TREATY WITH THE APPALACHICOLA BAND.

June 18, 1833.

Proclamation, April 12, 1834.

The undersigned Chiefs for and in behalf of themselves, and Warriors

Relinquishment by certain chiefs of land reserved by the treaty of Sept. 18, 1823.

Ante, p. 224.

voluntarily relinquish all the privileges to which they are entitled as parties to a treaty concluded nt Camp Moultrie on the 18th of September 1823, and surrender to the United States all their right, title and interest to a reservation of land made for their benefit in the additional article of the said Treaty and which is described in the said article as commencing “on the Appatachicola, at a point to include Yellow Hare’s improvements, thence up said river four miles; thence, west, one mile; thence southerly to a point one mile west of the beginning; aud thence, east, to the beginning point.”

Article II. For, and in consideration of said cession the U. States

Other lands granted by the U. S., &c.

agree to grant, and to convey in three (3) years by patent to Mulatto King or Vacapasacy; and to Tustenuggy Hajo, head Chief of Ematlochees town, for the benefit of themselves, sub-Chiefs, and Warriors, a section and a half of land to each; or contiguous quarter and fractional sections containing a like quantity of acres; to be laid off hereafter under the direction of the President of the U. States so as to embrace the said Chiefs fields and improvements, after the lands shall have been surveyed, and the boundaries to correspond with the public surveys; it being understood that the aforesaid Chiefs may with the consent and under the advisement of the Executive of the Territory of Florida, at any time previous to the expiration of the above three years, dispose of the said sections of land, and migrate to a country of their choice; but that should they remain on their lands, the U. States will so soon as Blunt’s band and the Seminoles generally have migrated, under the stipulations of the treaties concluded with them, withdraw the immediate protection hitherto extended to the aforesaid Chiefs and Warriors and that they thereafter become subject to the government and laws of the territory of Florida.

Article III. The U. States stipulate to continue to Mulatto King

Annuity continued, &c.

and Tustenuggy Hadjo, their sub-Chiefs and Warriors their proportion of the annuity of (5000) five thousand dollars to which they are entitled under the treaty of Camp Moultrie, so long as the Seminoles remain in the Territory, and to advance their proportional amount of the said annuity for the balance of the term stipulated for its payment in the treaty aforesaid, whenever the Seminoles finally remove in compliance with the terms of the treaty concluded at Payne’s Landing on 9th May 1832.

Article IV. If at any time hereafter the Chiefs and Warriors, parties

Provision in case of future removal.

to this agreement, should feel disposed to migrate from the Territory of Florida to the country allotted to the Creeks and Seminoles in Arkansas, should they elect to sell their grants of land as provided for in the first article of this treaty, they must defray from the proceeds of the sales of said land, or from their private resources all the expenses of their migration, subsistence &c.—but if they prefer they may by surrendering to the U. States all the rights and privilleges acquired under the provisions of this agreement, become parties to the obligations, provisions and stipulations of the treaty concluded at Payne’s landing with the Seminoles on the 9th of May 1832, as a constituent

Ante, p. 368

part of said tribe, and re-unite with said tribe in their new abode on the 427 428TREATY WITH THE APPALACHICOLAS. 1833.Arkansas. The U. States, in that event, agreeing to pay (3,000) three thousand dollars for the reservation relinquished in the first article of this treaty, in addition to the rights and immunities the parties may acquire under the aforesaid treaty at Payne’s landing.

In testimony whereof the Commissioner, James Gadsden, in behalf of the U. States, and the undersigned Chiefs and Warriors have hereunto subscribed their names, and affixed their seals.

Done at Pope’s, Fayette county in the Territory of Florida, this eighteenth day of June, one thousand eight hundred and thirty-three, and of the independence of the U. States, the fifty-eighth.

JAMES GADSDEN.

Mulatto King, or Vacapachacy,

Tustenuggy hajo,

Yellow Hare,

John Walker,

Yeo-lo-hajo,

Cath-a-hajo,

Lath-la-yabola,

Pa-hosta Tustenuckey,

Tuse-caia-hajo.

Witnesses—Wm. S. Pope, Sub-Agent. Robert Larance. Joe Miller, Interpreter. Jim Walker, Interpreter.

To the Indian names are subjoined marks.

June 18, 1833 Treaty 7 Stat. 428 RELINQUISHMENT

June 18, 1833.

By certain chiefs, of land reserved by the treaty of 18th Sept. 1823.

The undersigned Chiefs for and in behalf of themselves, and Warriors voluntarily relinquish all the privileges to which they are entitled as parties to a treaty concluded at Camp Moultrie on the 18th of September

Ante, p. 224.

1823, and surrender to the United States all their right, title and interest to a reservation of land made for their benefit in the additional article of the said treaty and which is described in said article as “commencing on the Chattahoochie, one mile below Econchatiinico’s house; thence up said river four miles; thence one mile west; thence southerly to a point, one mile west of the beginning; thence east to the beginning point.”

Other lands granted by the U. S., &c.

Article II. For and in consideration of said cession the U. States agree to grant and to convey in three (3) years, by patent to Econchatimico for the benefit of himself, sub-Chiefs and Warriors three sections of land; (or contiguous quarter and fractional sections containing a like quantity of acres) to be laid off hereafter under the direction of the President of the U. States so as to embrace the said Chiefs’ fields, improvements &c., after the lands shall have been surveyed, and the boundaries to correspond with the public surveys; it being understood that the aforesaid Chief may with the consent and under the advisement of the Executive of the Territory of Florida, at any time previous to the expiration of the above three years dispose of the said sections of land, and migrate to a country of their choice; but that, should they remain on their lands, the U. States will, so soon as Blunt’s band and the Seminoles generally have migrated under the stipulations of the treaty concluded with them, withdraw the immediate protection hitherto extended to the aforesaid Chief, his sub-Chiefs and Warriors, and that they thereafter become subject to the government and laws of the Territory of Florida.

TREATY WITH THE OTTOES AND MISSOURIAS. 1833. 429

Article III. The United States stipulate to continue to Econchatimico,

Annuity continued.

his sub-Chiefs and Warriors their proportion of the annuity of (5000) five thousand dollars to which they are entitled under the treaty of Camp Moultrie, so long as the Seminoles remain in the Territory, and to advance their proportional amount of said annuity for the balance of the term stipulated for its payment in the treaty aforesaid, whenever the Seminoles finally remove in compliance with the terms of the treaty concluded at Payne’s landing on 9th May 1832.—

Ante, p. 368.

Article IV. If at any time hereafter, the Chiefs and Warriors, parties

Provision in case of future removal.

to this agreement, should feel disposed to migrate from the Territory of Florida to the country allotted to the Creeks and Seminoles in Arkansas; should they elect to sell their grants of land as provided for in the first article of this treaty, they must defray from the proceeds of the sales of said land, or from their private resources, all the expenses of their migration, subsistence, &c. But, if they prefer, they may, by surrendering to the U. States all the rights and privileges acquired under the provisions of this agreement, become parties to the obligations, provisions and stipulations of the treaty concluded at Payne’s landing with the Seminoles on the 9th May 1832 as a constituent part

Ante, p. 368.

of said tribe, and re-unite with said tribe in their new abode on the Arkansas, the United States, in that event agreeing to pay (3000) three thousand dollars for the reservation relinquished in the first article of this treaty; in addition to the rights and immunities the parties may acquire under the aforesaid treaty at Payne’s landing.

In testimony whereof the Commissioner, James Gadsden, in behalf of the U. States and the undersigned Chiefs and Warriors have hereunto subscribed their names and affixed their seals.

Done at Pope’s, Fayette county in the Territory of Florida, this eighteenth day of June, one thousand eight hundred and thirty-three, and of the independence of the U. States the fifty-eighth.—

JAMES GADSDEN.

Econ-chati-mico,

Billy Humpkin,

Kaley Seneltab,

Elapy Tustenuckey,

Vauxey Hajo,

Fose-e-mathla,

Lath-la-fi-cicio.

Witnesses—Wm. S. Pope, Sub-Agent. Robert Larance. Joe Miller, Interpreter. Jim Walker, Interpreter.

To the Indian names are subjoined marks.

Sept. 21, 1833 Agreement 7 Stat. 429 ARTICLES OF AGREEMENT AND CONVENTION,

Sept. 21, 1833.

Proclamation, April 12, 1834.

Made at the Otoe Village on the River Platte, between Henry L. Ellsworth, Commissioner, in behalf of the United States, and the united bands of Otoes, and Missourias dwelling on the said Platte this 21st day of September A. D. 1833.

Article I. The said Otoes, and Missourias, cede and relinquish to

Cession of land to U. S.

the United States, all their right and title, to the lands lying south of the following line viz.—Beginning, on the Little Nemohaw river, at the northwest corner of the land reserved by treaty at Prairie du Chien, on 430

Ante, p. 328.

the 15th July 1830, in favor of certain half-breeds, of the Omahas, loways, Otoes, Yancton, and Santie bands of Sioux, and running westerly with said Little Nemohaw, to the head branches of the same; and thence running in a due west line as far west, as said Otoes and Missourias, have, or pretend to have any claim.

Annuity of $2500 continued.

Article II. The United States agree, to continue the present annuity of twenty-five hundred dollars, granted by said treaty of Prairie du Chien, to said Otoes and Missourias, ten years from the expiration of the same viz. ten years from 15th July 1840. Annuity of $500 continued.

Article III. The United States agree to continue for ten years from said 15th July, 1840, the annuity of five hundred dollars, granted for instruments for agricultural purposes.

$500 per annum for school purposes.

Article IV. The United States agree, to allow annually five hundred dollars, for five years, for the purposes of education, which sum shall be expended under the direction of the President; and continued longer if he deems proper. The schools however, shall be kept within the limit of said tribe or nation.

Horse-mill, &c.

Article V. The United States agree, to erect a horse-mill for grinding corn, and to provide two farmers to reside in the nation, to instruct and assist said tribe, for the term of five years, and longer if the President thinks proper.

Stock to be delivered.

Article VI. The United States agree to deliver to said Otoes and Missourias, one thousand dollars value in stock, which shall be placed in the care of the agent, or farmer, until the President thinks the same can safely be intrusted to the Indians.

Conditions of these stipulations.

Article VII. It is expressly agreed and understood, that the stipulations contained in the 3d 4th 5th and 6th articles are not to be fulfilled by the United States, until the Otoes and Missourias shall locate themselves in such convenient agricultural districts, as the President may think proper, nor shall the payments be continued, if the Otoes and Missourias shall abandon such location as the President shall think best for their agricultural interest.

Disputes to be referred to arbiter.

Article VIII. The Otoes and Missourias declare their entire willingness to abandon the chase for the agricultural life—their desire for peace with all other tribes, and therefore agree not to make war against any tribe with whom they now are, or shall be, at peace; but should any difficulty arise between them and any other tribe, they agree to refer the matter in dispute, to some arbiter, whom the President shall appoint to adjust the same.

Goods.

Article IX. The United States agree to deliver the said Otoes and Missourias the value of four hundred dollars in goods and merchandize; which said Otoes and Missourias hereby acknowledge to have received.

Treaty binding when ratified.

Article X. This convention, or agreement, to be obligatory, when ratified by the President and Senate of the United States.

In testimony whereof, the commissioner aforesaid, and the undersigned chiefs and warriors have hereunto subscribed their names and affixed their seals, at the Otoe Village on the said Platte river, at the date first above written.

HENRY L. ELLSWORTH. TREATY WITH THE CHIPPEWAS, ETC. 1833. 431

Jaton,

Big Kaw,

The Thief,

Wah-ro-ne-saw,

Rah-no-way-wah-ha-rah,

Gra-tah-ni-kah,

Mah-skah-gah-ha,

Nan-cha-si-zay,

A-sha-bah-hoo,

Kah-he-ga,

Wah-ne-min-nah,

Cha-wah-che-ra,

Pa-che-ga-he,

Wah-tcha-sing-a,

Mon-to-ni-a,

Gra-da-nia,

Mock-shiga-tona,

Wah-nah-sha,

Wosh-kah-money,

Cha-ah-gra,

To-he,

O-rah-knh-pe,

Wah-a-ge-hi-ru-ga-rah,

O-ha-ah-che-gi-sug-a,

Ish-kah-tap-a,

Meh-say-way.

In presence of Edward A. Ellsworth, Sec. pro tem. Jno. Dougherty, Ind. Agt. Ward S. May, M. D. John Dunlop. John T. Irving, jr. J. D. Blanchard. Charlo Mobrien. Oloe, Interpreter.

To the Indian names are subjoined a mark and seal.

Sept. 26, 1833 Treaty 7 Stat. 431 ARTICLES OF A TREATY

Sept. 26, 1833.

Proclamation, Feb. 21, 1835.

See Supplementary Articles, post, 444.

Made at Chicago,in the State of Illinois, on the twenty-sixth day of September, in the year of our Lord one thousand eight hundred and thirty-three, between George B. Porter, Thomas J. K. Gwen and William Weatherford, Commissioners on the part of the United States of the one part,and the United Nation of Chippewa, Otlowa and Potawatamie Indians of the other part, being fully represented by the Chiefs and Head-men whose names are hereunto subscribed—which Treaty is in the following words, to wit:

Article 1st.— The said United Nation of Chippewa, Ottowa, and

Lands ceded to U. S.

Potawatamie Indians, cede to the United States all their land, along the western shore of Lake Michigan, and between this Lake and the land ceded to the United States by the Winnebago nation, at the treaty of Fort Armstrong made on the 15th September 1832—bounded on the

Ante, p. 370.

north by the country lately ceded by the Menorninees, and on the south by the country ceded at the treaty of Prairie du Chien made on the 29th

Ante, p. 320.

July 1829—supposed to contain about five millions of acres.

Article 2d— In part consideration of the above cession it is hereby

Lands west of the Mississippi assigned to the Indiana.

agreed, that the United States shall grant to the said United Nation of Indians to be held as other Indian lands are held which have lately been assigned to emigrating Indians, a tract of country west of the Mississippi river, to be assigned to them by the President of the United States—to be not less in quantity than five millions of acres, and to be located as follows: beginning at the mouth of Boyer’s river on the east side of the Missouri river, thence down the said river to the mouth of Naudoway river, thence due east to the west line of the State of Missouri, thence along the said State line to the northwest corner of the State, thence east along the said State line to the point where it is intersected by the western boundary line of the Sacs and Foxes—thence north along the said line of the Sacs and Foxes, so far as that when a straight line shall be run therefrom to the mouth of Boyer’s river (the place of beginning) it shall include five millions of acres. And as it is the wish of the Government of the United States that the said nation of Indians 432should remove to the country thus assigned to them as soon as conveniently can be done; and it is deemed advisable on the part of their Chiefs and Headmen that a deputation should visit the said country west of the Mississippi and thus be assured that full justice has been done, it is hereby stipulated that the United States will defray the expenses of such deputation, to consist of not more than fifty persons, to be accompanied by not more than five individuals to be nominated by themselves, and the whole to be under the general direction of such officer of the United States Government as has been or shall be designated for the purpose.—And it is further agreed that as fast as the said Indians shall be prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes.—It being understood, that the said Indians are to remove from all that part of the land now ceded, which is within the State of Illinois, immediately on the ratification of this treaty, but to be permitted to retain possession of the country north of the boundary line of the said State, for the term of three years, without molestation or interruption and under the protection of the laws of the United States.

Moneys to be paid by U. S.

Article 3d—

And in further consideration of the above cession, it is agreed, that there shall be paid by the United States the sums of money hereinafter mentioned: to wit.

One hundred thousand dollars to satisfy sundry individuals, in behalf of whom reservations were asked, which the Commissioners refused to grant: and also to indemnify the Chippewa tribe who are parties to this treaty for certain lands along the shore of Lake Michigan, to which they make claim, which have been ceded to the United States by the Menominee Indians—the manner in which the same is to be paid is set forth in Schedule “A” hereunto annexed.

One hundred and fifty thousand dollars to satisfy the claims made against the said United Nation which they have here admitted to be justly due, and directed to be paid, according to Schedule “B” hereunto annexed.

One hundred thousand dollars to be paid in goods and provisions, a part to be delivered on the signing of this treaty and the residue during the ensuing year.

Two hundred and eighty thousand dollars to be paid in annuities of fourteen thousand dollars a year, for twenty years.

One hundred and fifty thousand dollars to be applied to the erection of mills, farm houses, Indian houses and blacksmith shops, to agricultural improvements, to the purchase of agricultural implements and stock, and for the support of such physicians, millers, farmers, blacksmiths and other mechanics, as the President of the United States shall think proper to appoint.

Fund for the purposes of education, &c.

Seventy thousand dollars for purposes of education and the encouragement of the domestic arts, to be applied in such manner, as the President of the United States may direct.—[The wish of the Indians being expressed to the Commissioners as follows: The united nation of Chippewa, Ottowa and Potawatamie Indians being desirous to create a perpetual fund for the purposes of education and the encouragement of the domestic arts, wish to invest the sum of seventy thousand dollars in some safe stock, the interest of which only is to be applied as may be necessary for the above purposes. They therefore request the President of the United States, to make such investment for the nation as he may think best. If however, at any time hereafter, the said nation shall have made such advancement in civilization and have become so enlightened as in the opinion of the President and Senate of the United 433States they shall be capable of managing so large a fund with safety they may withdraw the whole or any part of it.]

Four hundred dollars a year to be paid to Billy Caldwell, and three

Annuities.

hundred dollars a year, to be paid to Alexander Robinson, for life, in addition to the annuities already granted them—Two hundred dollars a year to be paid to Joseph Lafromboise and two hundred dollars a year to be paid to Shabehnay, for life.

Two thousand dollars to be paid to Wau-pon-eh-see and his band,

Payments for sections of land.

and fifteen hundred dollars to Awn-kote and his band, as the considera tion fur nine sections of land, granted to them by the 3d Article of the Treaty of Prairie du Chien of the 29th of July 1829 which are hereby

Ante, p. 321.

assigned and surrendered to the United States.

Article 4th— A just proportion of the annuity money, secured as

Where annuities shall be paid.

well by former treaties as the present, shall be paid west of the Mississippi to such portion of the nation as shall have removed thither during the ensuing three years.—After which time, the whole amount of the annuities shall be paid at their location west of the Mississippi.

Article 5th.—

The Reservation of two sections of land to Shab-eh-nay

Certain reservations granted in fee simple.

Ante, p. 321.

by the 2d. Clause of the 3d. Article of the treaty of Prairie du Chien of the 29th July, 1829, shall be a grant in fee simple to him his heirs and assigns forever, and all the individual reservations of land in the treaty concluded at Camp Tippecanoe, dated 20th October 1832,

Ante, p. 378.

shall be considered as grants in fee simple to the persons to whom they are made, their heirs and assigns forever, and that the reservations in the said last mentioned treaty of one section of land, to be located at Twelve Mile Grove, or Na-be-na-qui-nong—“for Joseph Laughton, son of Waiske shaw,” and of two sections of land to include the small grove of timber on the river above Rock Village “for the children of Waiske shaw” shall be considered as grants in lee simple to their father David Laughton, his heirs and asssigns forever:—that the reservation in said treaty of one section of land to be located at Soldiers’ village for Maw-te-no, daughter of Francis Burbonnais jun’r, shall be considered as a grant in fee simple to her father the said Francis Burhonnais junr. his heirs and assigns forever; and that the reservation in said Treaty of one section of land to be located at Skunk Grove for the children of Joseph La Fromboise shall be considered as a grant in fee simple to the said Joseph La Framboise his heirs and assigns forever.—Provided that no sale of any of the said reservations shall be valid unless approved by the President of the United States.

The 5th Article has been inserted at the request of the said Chiefs

Treaty not to be vitiated by the rejection of the 5th article.

who alledge that the provisions therein contained were agreed to at the time of the making of the said treaties but were omitted to be inserted or erroneously put down.—It is however distinctly understood that the rejection of said Article by the President and Senate of the United States shall not vitiate this treaty.

This treaty after the same shall have been ratified by the President

Treaty binding when ratified.

and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof the said George B. Porter, Thomas J. V. Owen and William Weatherford, and the undersigned Chiefs and Headmen of the said nation of Indians, have hereunto set their hands at Chicago, the said day and year.

G. B. PORTER, TH. J. V. OWEN, WILLIAM WEATHERFORD. 434

To-pen-e-bee,

Sau-ko-nock,

Che-che-bin-quay,

Joseph,

Wah-mix-i-co,

Ob-wa-qua-unk,

N-saw-wah-quet,

Puk-qucch-a-min-nee,

Nah-che-wine,

Ke-wase,

Wah-bou-seh,

Mang-e-sett,

Caw-we-saut,

Ah-be-te-ke-zhic,

Pat-e-go-shuc,

E-to-wow-cote,

Shim-e-nab,

O-chee-pwaise,

Ce-nah-ge-win,

Shaw-waw-nas-see,

Shab-eh-nay,

Mac-a-ta-o-shic,

Squah-ke-zhic,

Mah-che-o-tah-way,

Cha-ke-te-ah,

Me-am-ese,

Shay-tee,

Chis-in-ke-bah,

Mix-e-maung,

Nuh-bwait,

Sen-e-bau-um,

Puk-won,

Wa-be-no-say,

Mon-tou-ish,

No-nee,

Mas-quat,

Sho-min,

Ah-take,

He-me-nah-wah,

Che-pec-co-quah,

Mis-quab-o-no-quah,

Wah-be-Kai,

Ma-ca-ta-ke-zhic,

She-min, (2d.)

She-mah-gah,

O’Ke-mah-wah-ba-see,

Na-mash,

Shab-y-a-tuk,

Ah-cah-o-mah,

Quah-quan, tah,

Ah-sag-a-mish-cum,

Pa-mob-a-mee,

Nay-o-say,

Ce-tah-quah,

Ce-ku-tay

Sauk-ee,

Kee-new,

Ne-bay-noc-scum,

Naw-bay-caw,

O’Kee-mase,

Saw-o-tup,

Me-tai-way,

Na-ma-ta-way-shuc,

Shaw-waw-nuk-wuk,

Nah-che-wah,

Sho-bon-nier,

Me-nuk-quet,

Ah-quee-wee,

Ta-cau-ko,

Me-shim-e-nah,

Wah-stis-kuk,

Pe-nay-o-cat,

Pay-maw-suc,

Pe-she-ka,

Shaw-we-mon-e-tay,

Ah-be-nab,

Sau-sau-quas-eee.

In presence of Wm. Lee D. Ewing, Secretary to Commission. E. A. Brush. Luther Rice, In’tr. James Conner, In’tr. John T. Schermerhorn. Commission &c. west. A. C. Pepper, S. A. R. P. Gho. Kercheval, Sub-Agent Geo. Bender, Major 5th Regt Infy. D. Wilcox, Capt. 5th Regt J. M. Baxley, Capt 5th Infy. R. A. Forsyth, U. S. A. Ly. Jamison, Lt. U. S. A. E. K. Smith, Lt. 5th Infany. P. Max well, Asst. Surgeon. L. Allen, Lt. 5 Infy. J. P. Simonton, Lt. U. S. A. George F. Turner, Asst. Surgn. U. S. Army. Richd. J. Hamilton. Robert Stuart Jona. McCarty. Daniel Jackson, of New York. Jno. H. Kinzie. Robt. A. Kinzie. G. S. Hubbard. J. C. Schwarz, Adjt. Genl. M. M. Jn. B. Beaubien. James Kinzie. Jacob Beeson. Saml. Humes Porter. Andw. Porter. Gabriel Godfrey. A. H. Arndt. Laurie Marsh. Joseph Chaunier. John Watkins. B. B. Kercheval. Jos. W. Berry. Wm. French. Thomas Forsyth. Pierre Menard, Fils. Edtnd. Roberts. Geo. Hunt Isaac Nash.

To the Indian names are subjoined a mark and seal.

SCHEDULE “A.”

(Referred to in the Treaty, containing the sums payable to Individuals in lieu of Reservations.)

	Dollars.
Jesse Walker	1500
Henry Cleveland	800
Rachel Hall	600
Sylvia Hall	600

435

Joseph Laframboise and children	1000
Victoire Porthier and her children	700
$\begin{matrix} Jean Bt. Miranda \\ Jane Miranda \\ Rosetta Miranda \\ Thomas Miranda \end{matrix}} For each of whom John H. Kinzie is Trustee {$	$\begin{matrix} 300 \\ 200 \\ 300 \\ 400 \end{matrix}$
Alexander Muller, Gholson Kercheval, trustee	800
Paschal Muller do. do.	800
Margaret Muller	200
Socra Muller	200
Angelique Chevalier	200
Josette Chevallier	200
Joseph Chevalier	400
Fanny Leclare, (Captain David Hunter, Trustee)	400
Daniel Bourassa’s children	600
$\begin{matrix} Nancy Contraman \\ Sally Contraman \\ Betsey Contraman \end{matrix}} For each of whom J. B. Campbell is Trustee }$	600
Alexis Laframboise	800
Alexis Laframbois’ children	1200
Mrs. Mann’s children	600
Mrs. Mann (daughter of Antoine Ouilmet)	400
Geo. Turkey’s children (Fourtier) Th. J. V. Owen Trustee	500
Jacques Chapeau’s children do. do	600
Antonie Roscum’s children	750
Francois Burbonnais’ Senrs. children	400
Francis Burbonnais’ Jnr. children	300
John Bt. Cloutier’s children, (Robert A. Kinsie Trustee)	600
Claude Lafromboise’s children	300
Antoine Ouilmet’s children	200
Josette Ouilmot (John H. Kinzie, Trustee)	200
Mrs. Welsh (daughter of Antoine Ouilmet)	200
Alexander Robinson’s children	400
Billy Caldwell’s children	600
Mo-ah-way	200
Medare B. Beaubien	300
Charles H. Beaubien	300
John K. Clark’s Indian children, (Richard J. Hamilton, Trustee)	400
Josette Juno and her children	1000
Angelique Juno	300
Josette Beaubien’s children	1000
Mah-go-que’s child, (James Kinzie, Trustee)	300
Esther, Rosene and Eleanor Bailly	500
Sophia, Hortense and Therese Bailly	1000
Rosa and Mary children of Hoo-mo-ni-gah wife of Stephen Mack	600
Jean Bt. Rabbu’s children	400
Francis Chevallier’s children	800
Mrs. Nancy Jamison and child	800
Co-pah, son of Archange	250
Martha Burnett (R. A. Forsyth, Trustee)	1000
Isadore Chabert’s child (G. S. Hubbard Trustee)	400
Chee-bee-quai or Mrs. Allen	500
Luther Rice and children	2500
John Jones	1000
Pierre Corbonno’s Children	800
Pierre Chalipeaux’s children	1000
Phœbe Treat and children	1000

436

Robert Forsyth of St. Louis Mo	500
Alexander Robinson	10,000
Billy Caldwell	10,000
Joseph Laframboise	3000
Nis noan see (B. B. Kercheval Trustee)	200
Margaret Hall	1000
James, William, David and Sarah children of Margaret Hall	3200
Margaret Ellen Miller Montgomery Miller and Finly Miller, grandchildren of Margaret Halls. } for each of whom Richard J. Hamilton of Chicago is Trustee }	800
Jean Letendre’s children	200
Bernard Grignon	100
Josette Polier	100
Joseph Vieux, Jacques Vieux, Louis Vieux, and Josette Vieux each $100. }	400
Angelique Hardwick’s children	1800
Joseph Bourassa and Mark Bourassa	200
Jude Bourassa and Therese Bourassa	200
Stephen Bourassa and Gabriel Bourassa	200
Alexander Bourassa and James Bourassa	200
Elai Bourassa and Jerome Bourassa	200
M. D. Bourassa	100
Ann Rice and her Son William M. Rice and Nephew John Leib	1000
Agate Biddle and her children	900
Magdaline Laframboise and her son	400
Therese Schandler	200
Joseph Dailly’s son and daughter Robert and Therese	500
Therese Lawe and George Lawe	200
David Lawe and Rachel Lawe	200
Rebecca Lawe and Maria Lawe	200
Polly Lawe and Jane Lawe	200
Appotone Lawe	100
Angelique Vieux and Amable Vieux	200
Andre Vieux and Nicholas Vieux	200
Pierre Vieux and Maria Vieux	200
Madaline Thibeault	100
Paul Vieux and Joseph Vieux	200
Susanne Vieux	100
Louis Grignon and his son Paul	200
Paul Grignon Sen’r. and Amable Grignon	200
Perish and Robert Grignon	200
Catist Grignon and Elizabeth Grignon	200
Ursul Grignon and Charlotte Grignon	200
Louise Grignon and Rachel Grignon	200
Agate Porlier and George Grignon	200
Amable Grignon and Emily Grignon	200
Therese Grignon and Simon Grignon	200
William Burnett (B. B. Kercheval Trustee)	1000
Shan-na-nees	400
Josette Beaubien	500
For the Chippewa Ottawa and Potawatamie Students at the Choctaw Academy. The Hon. R. M. Johnson to be the Trustee. }	5000
James and Richard J. Connor	700
Pierre Duverney and Children	300
Joshua Boyd’s Children (Geo. Boyd Esq to be the Trustee.)	500
Joseph Bailly	4000

437

R. A. Forsyth	3000
Gabriel Godfrey	2,420
Thomas R. Covill	1,300
George Hunt	750
James Kinzie	5000
Joseph Chaunier	550
John and Mark Noble	180
Alexis Provansalle	100
One hundred thousand dollars	$100,000

SCHEDULE “B.”

(Referred to in the treaty containing the sums payable to individuals, on claims admitted to be justly due, and directed to be paid.)

	Dollars.
Brewster Hogan & Co	343
John S. C. Hogan	50
Frederick H. Contraman	200
Brookfield & Bertrand	100
R. E. Heacock	100
George W. McClure, U. S. A.	125
David McKee	180
Oliver Emmell	300
George Hollenbeck	100
Martha Gray	78
Charles Taylor	187
Joseph Naper	71
John Mann	200
James Walker	200
John Blackstone	100
Harris & McCord	175
George W. Dole	133
George Haverhill	60
William Whistler, U. S. A.	1000
Squire Thompson	100
C. C. Trowbridge	2000
Louis Druillard	350
Abraham Francis	25
D. R. Bearss & Co	250
Dr. E. Winslow	150
Nicholas Klinger	77
Joseph Porthier	200
Clark Hollenbeck	50
Henry Enslen	75
Robert A. Kinzie	1216
Joseph Ogie	200
Thomas Hartzell	400
Calvin Britain	46
Benjamin Fry	400
Pierre F. Navarre	100
C. H. Chapman	30
James Kinzie	300
G. S. Hubbard	125
Jacque Jenveaux	150
John B. Du Charme	55

438

John Wright	15
James Galloway	200
William Marquis	150
Louis Chevalier, Adm’r of J. B. Chevalier dec’d	112
Solomon McCullough	100
Joseph Curtis	50
Edward E. Hunter	90
Rachel Legg	25
Peter Lamseet	100
Robert Beresford	200
G. W. & W. Laird	150
M. B. Beaubien	440
Jeduthan Smith	60
Edmund Weed	100
Philip Maxwell, U. S. A.	35
Henry Gratiot	116
Tyler K. Blodgett	50
Nehemiah King	125
S.P. Brady	188
James Harrington	63
Samuel Ellice	50
Peter Menard, Maumee	500
John W. Anderson	350
David Bailey	50
Wm. G. Knaggs	100
John Hively	150
John B. Bertrand, Sen’r	50
Robert A. Forsyth	3000
Maria Kercheval	3000
Alice Hunt	3000
Jane C. Forsyth	3000
John H. Kinzie	5000
Ellen M. Wolcott	5000
Maria Hunter	5000
Robert A. Kinzie	5000
Samuel Godfrey	120
John E. Schwarz	4800
Joseph Loranger	5000
H. B. and G. W. Hoffman	358
Phelps & Wendell	660
Henry Johns	270
Benjamin C. Hoyt	20
John H. Kinzie, in trust for the heirs of Jos. Miranda,dec’d	250
Francis Burbonnais, Senr	500
Francis Burbonnais, junr	200
R. A. Forsyth, in trust for Catherine McKenzie	1000
James Laird	50
Montgomery Evans	250
Joseph Bertrand, jr	300
George Hunt	900
Benjamin Sherman	150
W. and F. Brewster, Assignees of Joseph Bertrand, Senr.	700
John Forsyth, in trust for the heirs of Charles Peltier, dec’d.	900
William Hazard	30
James Shirley	125
Jacob Platter	25
John B. Bourie	2500
B. B. Kercheval	1500
Charles Lucier	75

439

Mark Beaubien	500
Catharine Stewart	82
Francis Monton	200
Dr. William Brown	40
R. A. Forsyth, in trust for heirs of Charles Guion	200
Joseph Bertrand, Senr	652
Moses Rice	800
James Connor	2250
John B. Du Charme	250
Coquillard & Comparet	5000
Richard J. Hamilton	500
Adolphus Chapin	80
John Dixon	140
Wm. Huff	81
Stephen Mack, in trust for the heirs of Stephen Mack, dec’d.	500
Thomas Forsyth	1500
Felix Fontaine	200
Jacque Mette	200
Francis Boucher	250
Margaret Helm	2000
O. P. Lacy	1000
Henry and Richard J. Connor	1500
James W. Craig	50
R. A. Forsyth (Maumee)	1300
Antoine Peltier do.	200
R. A. Forsyth, in trust for Wau-se-on-o-quet	300
John E. Hunt	1450
Payne C. Parker	70
Isaac Hull	1000
Foreman Evans	32
Horatio N. Curtis	300
lea Rice	250
Thomas P. Quick	35
George B. Woodcox	60
John Woodcox	40
George B. Knaggs	1400
Ebenezer Read	100
George Pomeroy	150
Thomas K. Green	70
William Mieure, in trust for Willis Fellows	500
Z. Cicott	1800
John Johnson	100
Antoine Antilia	100
John Baldwin	500
Isaac G. Bailey	100
James Cowen	35
Joseph D. Lane	50
T. E. Phelps	250
Edmund Roberts	50
Augustus Bona	60
E. C. Winter & Co.	1850
Charles W. Ewing	200
Antoine Ouilmett	800
John Bt. Chandonai, ($1000 of this sum to be paid to Robert Stuart, agent of American Fur Company, by the particular request of Jno. B. Chandonai,)	2500
Lowrin Marsh	3290
P. & J. J. Godfrey	2000
David Hull	500

440

Andrew Drouillard	500
Jacob Beeson & Co	220
Jacob Beeson	900
John Anderson	600
John Green	100
James B. Campbell	600
Pierre Menard, Jun. in right of G. W. Campbell	250
George E. Walker	1000
Joseph Thebault	50
Gideon Lowe, U. S. A.	160
Pierre Menard, Jun	2000
John Tharp	45
Pierre Menard, Junr. in trust for Marie Tremblé	500
Henry B. Stillman	300
John Hamblin	500
Francois Page	100
George Brooks	20
Franklin McMillan	100
Lorance Shellhouse	30
Martin G. Shellhouse	35
Peter Bellair	150
Joseph Morass	200
John I. Wendell	2000
A. T. Hatch	300
Stephen Downing	100
Samuel Miller	100
Moses Hardwick	75
Margaret May	400
Frances Felix	1100
John B. Bourie	500
Harriet Ewing	500
Nancy Hedges	500
David Bourie	500
Caroline Ferry	500
Bowrie & Minie	500
Charles Minie	600
Francis Minie	700
David Bourie	150
Henry Ossum Reed	200
Françoise Bezion	2500
Dominique Rousseau	500
Hanna & Taylor	1570
John P. Hedges	1000
Francois Chobare	1000
IsadoreChobare	600
Jacob Leephart	700
Amos Amsden	400
Nicholas Boilvin	350
Archibald Clyburn	200
William Conner (Michigan)	70
Tunis S. Wendall	500
Noel Vasseur	800
James Abbott, agent of the American Fur Company	2300
Robert Stewart, agent of the American Fur Company	17,000
Solomon Jeauneau	2100
John Bt. Beaubien	250
Stephen Mack, Jnr	350
John Lawe	3000
Alexis Larose	1000

441

Andrew Drouillard	500
Jacob Beeson & Co	220
Jacob Beeson	900
John Anderson	600
John Green	100
James B. Campbell	600
Pierre Menard, Jun. in right of G. W. Campbell	250
George E. Walker	1000
Joseph Thebault	50
Gideon Lowe, U. S. A.	160
Pierre Menard, Jun	2000
John Tharp	45
Pierre Menard, Junr. in trust for Marie Tremblé	500
Henry B. Stillman	300
John Hamblin	500
Francois Page	100
George Brooks	20
Franklin McMillan	100
Lorance Shellhouse	30
Martin G. Shellhouse	35
Peter Bellair	150
Joseph Morass	200
John I. Wendell	2000
A. T. Hatch	300
Stephen Downing	100
Samuel Miller	100
Moses Hardwick	75
Margaret May	400
Frances Felix	1100
John B. Bourie	500
Harriet Ewing	500
Nancy Hedges	500
David Bourie	500
Caroline Ferry	500
Bowrie & Minie	500
Charles Minie	600
Francis Minie	700
David Bourie	150
Henry Ossum Reed	200
Françoise Bezion	2500
Dominique Rousseau	500
Hanna & Taylor	1570
John P. Hedges	1000
Francois Chobare	1000
IsadoreChobare	600
Jacob Leephart	700
Amos Amsden	400
Nicholas Boilvin	350
Archibald Clyburn	200
William Conner (Michigan)	70
Tunis S. Wendall	500
Noel Vasseur	800
James Abbott, agent of the American Fur Company	2300
Robert Stewart, agent of the American Fur Company	17,000
Solomon Jeauneau	2100
John Bt. Beaubien	250
Stephen Mack, Jnr	350
John Lawe	3000
Alexis Larose	1000

The above claims have been admitted and directed to be paid, only in case they be accepted in full of all claims and demands up to the present date.

G. B. PORTER, TH. J. V. OWEN, WILLIAM WEATHERFORD.

Agreeably to the stipulations contained in the 3d Article of the

Sept. 27, 1833.

Goods purchased and delivered.

Treaty, there have been purchased and delivered at the request of the Indians, goods, provisions and horses to the amount of sixty-five thousand dollars (leaving the balance to be supplied in the year one thousand eight hundred and thirty-four, thirty-five thousand dollars.)

As evidence of the purchase and delivery as aforesaid under the direction of the said Commissioners, and that the whole of the same have been received by the said Indians, the said George B. Porter, Thomas J. V. Owen and William Weatherford, and the undersigned Chiefs and Head-men on behalf of the said United Nation of Indians have hereunto set their hands the twenty-seventh day of September in the year of our Lord one thousand eight hundred and thirty-three.

G. B. PORTER, TH. J. V. OWEN, WILLIAM WEATHERFORD.

To-pen-e-bee,

Wee-saw,

Nc-kaw-nosh-kee,

Wai-saw-o-ko-ne-aw,

Ne-see-waw-bee-tuck,

Kait-kaw-tai-mon,

Saw-ko-nosh,

Tshee-Tshee-chin-he-quay,

Joseph,

Shab-e-nai,

Ah-be-te-ke-zliic,

E-to-won-cole,

Sbab-y-a-tuk,

Me-am-ese,

Wab-be-me-mee,

Shim-e-nah,

We-in-co.

In presence of Wm. Lea D. Ewing, Secry. to the Commission. R. A. Forsyth, U. S. A. Madn. F. Abbott. Saml. Humes Porter. Andw. Porter. Joseph Bertrand, Junr. Jno. H. Kinzie. James Conner, Interpreter. J. E. Schwarz, Adjt. Genl. M. M.

To the Indian names are subjoined marks.

Sept. 27, 1833 Supplementary 7 Stat. 442 ARTICLES SUPPLEMENTARY,

Sept. 27, 1833.

To the treaty made at Chicago, in the State of Illinois, on the 26th day of September, one thousand eight hundred and thirty-three, between George B. Porter, Thomas J. V. Owen and William Weatherford, Commissioners on the part of the United States, of the one part, and the United Nation of Chippewa, Ottawa and Potawatamie Indians, of the other part, concluded at the same place on the twenty-seventh day of September, one thousand eight hundred and thirty-three, between, the said Commissioners on the part of the United States of the one part, and the Chiefs and Head-men of the said United Nation of Indians, residing upon the reservations of land situated in the Territory of Michigan, south of Grand river, of the other part.

Cession of land to U. S.

Article 1st—The said chiefs and head-men cede to the United States, all their land situate in the Territory of Michigan south of Grand river, being the reservation at Notawasepe of 4 miles square contained in the 3d clause of the 2d article of the treaty made at Chicago, on the 29th day of August 1821, and the ninety-nine sections of land contained in the treaty made at St. Joseph on the 19lh day of Sept. 1827;—and also the tract of land on St. Joseph river opposite the town of Niles, and extending to the line of the State of Indiana, on which the villages of To-pe-ne-bee and Pokagon are situated, supposed to contain about 49 sections.

Chiefs and head-men parties to treaty.

Article 2d—

In consideration of the above cession, it is hereby agreed that the said chiefs and head-men and their immediate tribes shall be considered as parties to the said treaty to which this is supplementary, and be entitled to participate in all the provisions therein contained, as a part of the United Nation; and further, that there shall be paid by the United States, the suin of one hundred thousand dollars: to be applied as follows.

Moneys to be paid for lands relinquished.

Ten thousand dollars in addition to the general fund of one hundred thousand dollars, contained in the said treaty to satisfy sundry individuals in behalf of whom reservations were asked which the Commissioners refused to grant;—the manner in which the same is to be paid being set forth in the schedule “A,” hereunto annexed.

Twenty-five thousand dollars in addition to the sum of one hundred and fifty thousand dollars contained in the said Treaty, to satisfy the claims made against all composing the United Nation of Indians, which they have admitted to be justly due, and directed to be paid according to Schedule “B,” to the Treaty annexed.

Goods, provisions, &c.

Twenty-five thousand dollars, to be paid in goods, provisions and horses, in addition to the one hundred thousand dollars contained in the Treaty.

Annuities.

And forty thousand dollars to be paid in annuities of two thousand dollars a year for twenty years, in addition to the two hundred and eighty thousand dollars inserted in the Treaty, and divided into payments of fourteen thousand dollars a year.

Indians to remove in three years.

Article 3d—All the Indians residing on the said reservations in Michigan shall remove therefrom within three years from this date, 442 443during which time they shall not be disturbed in their possession, nor in hunting upon the lands as heretofore. In the mean time no interruption shall be offered to the survey and sale of the same by the United States. In case, however, the said Indians shall sooner remove the Government may take immediate possession thereof.

Article 4th—

By the last clause of the 3d article of the treaty of St.

Sections of land may be purchased by U. S.

Ante, p. 319.

Joseph, made on the 27th day of September, 1823, there is granted to Madeline Bertrand, wife of Joseph Bertrand, one section of land; and as the same has not been located it is requested by the said chiefs and head men that it shall be purchased by the United States. It is therefore agreed that the same shall be purchased by the United States, if it can be done for the sum of eight hundred dollars. Also, the reservation in the treaty, concluded at Camp Tippecanoe, dated the 20th of

Ante, p. 378.

Oct. 1832, to Me-saw-ke-qua and her children, of two sections of land, at Waw-us-kuk’s village, shall be considered as a grant in fee simple to the said Me-saw-ke-qua, her heirs and assigns, forever; provided, that no sale of the same shall be valid unless approved by the President of the United States.

The 4th article has been inserted at the request of the said chiefs,

Proviso respecting the 4th article.

and as the individuals named are desirous of accompanying their friends on their removal to the west, it has been assented to by the Commissioners, with the express understanding that the rejection of this article by the President and Senate of the United States shall not vitiate the treaty.

These supplementary articles after the same shall have been ratified

Obligatory when ratified.

by the President and Senate of the United States shall be binding on the contracting parties.

In testimony whereof the said George B. Porter, Thomas J. V. Owen and William Weatherford and the undersigned chiefs and head men of the said United Nation of Indians have hereunto set their hands at Chicago the said day and year.

G. B. PORTER, TH: J. V. OWEN, WILLIAM WEATHERFORD.

To-pen-e-bee,

We-saw,

Ne-kaw-nosh-kee,

Wai-sa w-o-kone-aw,

Po-ka-gou,

Kai-kaw-tai-mon,

Pe-pe-ah,

Ne-see-waw-bec-tuck,

Kitchee-bau,

Pee-chee-ko,

Nai-gaw-geucke,

Wag-maw-kan-so,

Mai-go-sai,

Nai-chee-wai,

Aks-puck-sick,

Kaw-kai-moi,

Mans-kai-sick,

Parn-kowuck,

No-law-gai,

Kank-muck-kisin,

Wee-see-mon,

Mo-so-ben-net,

Kee-o-kum,

Maatch-kee,

Kaw-bat-me-sai,

Wees-kce-qua-tap,

Ship-she-wuh-no,

Wah-co-mah-o-pe-tuk,

Ne-so-wah-quet,

Shay-o-no,

Ash-o-nees,

Mix-i-nee,

No-wah-ox-see,

Sauk-e-man,

Shaw-waw-nuk-wuk,

Mo-rah,

Suk-see,

Quesh-a-wase,

Put-e-go-to,

Mash-ke-oh-see,

Mo-nase,

Wab-e-kaie,

Shay-oh-new,

Mo-gua-go,

Pe-qua-shuc,

A-muwa-noc-sey,

Kau-ke-che-ke-to,

Shaw-waw-nuk-wuk (1st)

444

In presence of Wm. Lee D. Ewing, Sec. to the Commission. E. A Brush. Luther Rice, Intr. James Conner, Interpreter. Juseph Bertrand, Jur. Interpreter. Geo. Kerchevsl, sub. Ind. agt. Geo. Bender, Major 5th regt. infy. D. Wilcox, Capt. 5th regt. J. M. Baxley, Capt. 5th Infy. R. A. Forsyth, U. S. A. L. Y. Jameson, Lt. U. S. A. O. K. Smith, Lt. 5th Infy. J. L. Thompson, Lt. 5th Inf. J. Allen, Lt. 5th inf. P. Maxwell, asst surgeon U. S. A. Geo. F. Turner, asst. surn. U. S. Army. B. B. Kerchcval. Thomas Forsyth. Daniel Jackson, of New York. J. E. Schwarz, Adjutn. Genl. M. M. Robt A. Kinzie. G, S. Hubbard. L. M. Taylor. Pierre Menard, fils. Jacub Beeson. Samuel Humes Porter. Edmd. Roberts. Jno. H. Kinzie. Jas. W. Berry. Gabriel Godfrey, jr. Geo. Hunt A. H. Arndt Andw. Porter. Isaac Nash. Richard J. Hamilton.

To the Indian names are subjoined a mark and seal.

SCHEDULE “A,”

Referred to in the Article suplementary to the Treaty, containing the sums payable to Individuals, in lieu of Reservations of Land.

	Dollars.
Po-ka-gon	2,000
Rebecca Burnett Edward Brooks Trustee for each	500
Mary Burnett	250
Martha Burnett (R. A. Forsyth Trustee)	250
Madaline Bertrand	200
Joseph Bertrand Junr	200
Luke Bertrand Junr	200
Benjamin Bertrand	200
Lawrence Bertrand	200
Theresa Bertrand	200
Amable Bertrand	200
Julianne Bertrand	200
Joseph H. Bertrand	100
Mary M. Bertrand	100
M. L. Bertrand	100
John B. Du Charme	200
Elizabeth Du Charme (R. A. Forsyth Trustee.)	800
George Henderson	400
Mary Nado and children	400
John Be. Chandonai	1000
Charles Chandonai For each of whom R. A. Forsyth is Trustee	400
Mary Chandonai	400
Mary St. Comh and children	300
Sa-gen-nais’ daughter	200
Me-chain, daughter of Pe-che-co	200
Alexis Rolan	200
Polly Neighbush	200
Francois Page’s wife and children	200
Pierre F. Navarre’s children	100
Jarmont (half breed)	100
Ten thousand dollars	$10,000

Agreeably to the stipulations contained in the Articles supplementary

Sept. 27, 1833.

to the Treaty, there have been purchased and delivered at the request of the Indians, Goods, Provisions and Horses to the amount of fifteen thousand dollars (leaving the balance to be supplied hereafter ten thousand dollars.)

445

As evidence of the purchase and delivery as aforesaid under the direction of the said Commissioners, and that the whole of the same have been received by the said Indians, the said George B. Porter, Thomas J. V. Owen and William Weatherford, and the undersigned Chiefs and Head-Men on behalf of the said United Nation of Indians have hereunto set their hands the twenty-seventh day of September in the year of our Lord, one thousand, eight hundred and thirty-three.

G. B. PORTER, TH. J. V. OWEN, WILLIAM WEATHERFORD.

To-pen-e-bee,

Wee-saw,

Ne-kaw-nosh-kee,

Wai-saw-o-ko-ne-aw,

Ne-see-waw-bee-tuk,

Kai-kaw-tai-mon,

Saw-Ka-Nosh,

Tshce-tshce-chin-ke-bequay,

Joseph,

Shab-e-nai,

Ah-be-te-ke-Zhic,

E-to-wau-cotc,

Shab-y-a-tuk,

Me-am-ese,

Wah-be-me-mee,

Shim-e-nah,

We-in-co.

In presence of Wm. Lee D. Ewing, Secry. Io the Commission. R. A. Forsyth, U. S. A. J no. H. Kinzie. Madn. F. Abbott. Saml. Humes Porter. Joseph Bertrand, June Andw. Porter. J. E. Schwarz, Adtj. Genl. M. M. James Conner, Interprt.

To the Indian names are subjoined marks.

On behalf of the Chiefs and Head men of the United Nation of Indians who signed the treaty to which these articles are supplementary we hereby, in evidence of our concurrence therein, become parties thereto.

And, as since the signing of the treaty a part of the band residing on the reservations in the Territory of Michigan, have requested, on account of their religious creed, permission to remove to the northern part of the peninsula of Michigan, it is agreed that in case of such removal the just proportion of all annuities payable to them under former treaties and that arising from the sale of the reservation on which they now reside shall be paid to them at, L’arbre, Croche.

Witness our hands the said day and year.

Saw-ka-nosb,

Che-che-bin-quay,

Ah-be-te-ke-zhic,

Shab-e-nay,

O-cbeep-pwaisc,

Maug-e-sett,

Shim-e-nah,

Ke-me-noh-wah.

In the presence of Wm. Leo D. Ewing, Secry to the Commission. Jno. H. Kinzie. Rchd. J. Hamilton. Robert Stuart. R. A. Forsyth, U. S. A. Saml. Humes Porter. J. E. Schwarz, Adjt Genl. M. M. James Conner, Interpr.

To the Indian names are subjoined marks.

The Commissioners certify that when these supplementary articles were ready, for signature, the original paper of which the annexed is a copy was presented by Messrs. Peter and James J. Godfrey, and the due execution of it was made satisfactorily appear to the Commissioners, the subscribing witnesses R A Forsyth and Robert A Kinzie being present.—The Chiefs and Head men present recognizing this as a reservation, it was agreed that it shall be considered in the same light as though the 446purport of the instrument had been inserted in the body of the treaty;—with the understanding that the rejection of it by the President and Senate of the United States shall not affect the validity of the treaty.

G. B. PORTER, TH. J. V. OWEN, WILLIAM WEATHERFORD.

(Copy of the instrument referred to in the above certificate.—)

Know all men by these presents that we the undersigned Chiefs and

May 18, 1830

.Young men of the Potawatamie tribe of Indians living at Na-to-wa-se-pe iu the Territory of Michigan, for and in consideration of the friendship and sundry services rendered to us by Peter and James J. Godfroy we do hereby by these presents give, grant, alien, transfer and convey unto the said Godfroys their heirs and assigns forever one entire section of land situate lying and being on our reserve of Na-to-wa-se-pe, in the Territory aforesaid to be located by said Godfroys wherever on said reserve they shall think it more to their advantage and benefit.

It is moreover the wishes of the undersigned Chiefs and Young men as aforesaid, that so soon as there shall be a treaty held between the United Slates and our said tribe of Pottawatamies, that our great father the President confirm and make good this our grant unto them, the said Godfroys by issuing a patent therefor to them and to their heirs forever.—In so doing our great father will accomplish the wishes of his children.

Done at Detroit this eighteenth day of May, A. D. one thousand eight hundred and thirty.—

In witness whereof we have hereunto signed, sealed and set our hands and seals the day and year last above written.

Penenchese,

Pit-goit-ke-se,

Nah-o-te-nan,

Ke-a-sac-wa,

Sko-paw-ka,

Ce-cc-baw,

Na-wa-po-to,

To-la-gas,

Pierre Morin alias Perish,

Wa-say-gah.

Signed, sealed and delivered tn the presence of us, R. A. Forsyth, Robt. A. Kinnzie, G. Godfrey, Witnesses to the signatures of Pierre Morin alias Perish and Wa-sa-gah. Richard Godfroy. Francis Mouton.

To the Indian names are subjoined a mark and seal.

Chicago, Illinois, Oct. 1, 1834.

$\begin{matrix} Tho. J. V. Owen, Esqr. \\ U. S. Indian Agent. \end{matrix}$

$\begin{matrix} \end{matrix}}$

Father: Feeling a disposition to comply with the resolution of

Oct. 1, 1834.

Senate of the United States, and the views of the Government in relation to an alteration in the boundaries of the country ceded to the United nation of Chippewa, Ottawa, and Potawatamie Indians at the treaty at Chicago in the State of Illinois, concluded on the 26th and 27th days of September 1833:—we therefore propose as the chiefs of the said united nation, and for and on their behalf that we will accept of the following alteration in the boundaries of the said tract of country viz:—Beginning at the mouth of Boyer's river; thence down the Missouri river, to a point thereon; from which a due east line would strike the northwest corner of the State of Missouri; thence along the said east line, to the 447northwest corner of said State; then along the northern boundary line of the said State of Missouri, till it strikes the line of the lands of the Sac and Fox Indians; thence northwardly along said line to a point from which a west line would strike the sources of the Little Sioux river; thence along said west line, till it strikes the said sources of said river; then down said river to its mouth; thence down the Missouri river, to the place of beginning: Provided the said boundary shall contain live million of acres; but should it contain more, then said boundaries are to be reduced so as to contain the said five millions of acres.

And, in consideration of the alteration of said boundary we ask that ten thousand dollars should be paid to such commissioner, as shall be designated by as to receive the same west of the Mississippi river, at such place on the tract of country ceded to the said united nation as we may designate, and to be applied, as we may direct for the use and benefit of the said nation. And the further sum of two thousand dollars to be paid to Gholson Kercheval, of Chicago, Ill: for services rendered the said united nation of Indians during the late war, between the U. S. Government and the Sacs and Foxes; and the further sum of one thousand dollars to George E. Walker for services rendered the said United nation, in bringing Indian prisoners, from west of the Mississippi river to Ottawa, Laselle county, Ill. for whose appearance at the circuit court of said county, the said nation was bound.

The foregoing propositions are made with the expectation, that with the exception of the alteration in the proposed boundary, and the indemnity herein demanded as an equivalent for said exchange, the whole of the treaty made and concluded at this place on the 26th and 27th days of September 1833, be ratified as made and concluded at that time, within the space of five months from the present date; otherwise it is our wish that the whole of the said treaty should be considered as cancelled.

In witness whereof, we, the undersigned chiefs of the said united nation of Chippewa, Ottawa arid Potawatamie Indians, being specially delegated with power and authority to effect this negotiation, have hereto set our hands and seals at Chicago in the State of Illinois, on the first day of October, A. D., 1834.

R. Caldwell,

Kee-tshee-zhing-ce-beh,

Tshee-tshec-beeng-guay,

Joseph,

Ob-ec-tah-kee-zhik,

Wau-bon-see,

Kay-kot-ee-mo.

In presence of Richd. J. Hamilton. Jno. H. Kinzie. Dr. G. Maxwell, U. S. Army. J. Grant, jr. E. M. Owen. J. M. Baxley, Capt. 5th Infy.

To the Indian names are subjoined a mark and seal.

[Note.—This Treaty and the Supplementary Articles thereto, were ratified and

See Treaty, ante, page 431.

confirmed, upon the conditions expressed in the two Resolutions of the Senate in relation to the same; which conditions as contained in the first named resolution, are as follows:

“That the Senate do advise and consent to the ratification of the Treaty, made on the 26th day of September 1833, at Chicago, by George B. Porter and others, Commissioners on behalf of the United States, and the United Nation of Chippewas, Ottowas, and Pottawatamies Indians, and the supplementary articles thereto, dated on the 271 h day of September, 1833, with the following amendments and provisions, to wit. 1st: amend the third article in Schedule A, by striking out the word “ten” and inserting the word five as to each of the sums to be paid to Billy Caldwell and Alexander Robinson; so that the sum of five thousand dollars only will be paid to each of them, and the sum of ten thousand dollars, thus deducted, to be paid to the Indians.—2d. All the debts, mentioned in schedule B, in the same article, and which are specified in exhibit E, to the report of the committee, to be examined by a commissioner to be appointed by the President, with the advice and consent of the Senate, and the individuals to be paid only the sums found by said commissioner, to have been justly due; in no instance increasing the sum agreed to be paid; and whatever sum is saved by deduction or disallowance of the debts in exhibit E, to be paid to the Indians, and the residue to the claimants respectively. 3d. Strike out article 5th in the treaty. 4th: Strike out article 4th in the supplementary articles: and provided, that the lands given 448TREATY WITH THE PAWNESS. 1833.to the said Indians, in exchange, in place of being bounded in the manner described in the treaty be so changed, that the first lino shall begin at the mouth of Boyer’s river, and run down the river Missouri to a point thereon from which a line running due east will strike the northwestern corner of the State of Missouri; from that point due east till it strikes said northwest corner; then, along the northern boundary lino of said State, till it strikes the line of the lands belonging to the Fox and Sac Indians; thence northwardly, so far as to make to the Indians full compensation for the quantity of land which will be thus taken from them on the southwestern part of the tract allowed them by the boundaries as at present described in the treaty; and provided, further, that this alteration of boundaries can be effected with the consent of the Indians. Also the said commissioner shall examine whether three thousand dollars, a part of the sum of seventeen thousand dollars directed to be paid to Robert Stuart agent of the American Fur Company, was to be paid and received in full discharge of all claims and demands which said company had against Gurdon S. Hubbard and James Kinzie; and if he finds it was to be so paid, that then the sum of fourteen thousand dollars, only, be paid, until said agent of said company give a receipt of all debts due, and demands which said company had against said Hubbard and Kinzie; and, upon giving such receipt, that then the said sum of three thousand dollars be likewise paid to said agent.”

And those contained in the second named resolution are as follows:

“That the Senate do advise and consent to the alteration proposed by the Chiefs of the United Nation of Chippewa, Ottawa and Pottawattamie Indians, concluded at Chicago, in the State of Illinois, on the first day of October 1831, to the treaty concluded between the Commissioners on the part of the United States and the chiefs of the said United Nation on the 26th of September, 1833:—it being expressly understood by the Senate that no other of the provisions of the resolution of the Senate of the 22d day of May 1831, ratifying the said treaty, shall be affected, or in any manner changed, by the said proposed alteration of 1st October, 1834, excepting the proposed alteration in the boundaries therein mentioned, and the sums of money therein stipulated to be paid.”]

Oct. 9, 1833 Agreement 7 Stat. 448 ARTICLES OF AGREEMENT AND CONVENTION,

Oct. 9, 1833.

Proclamation, April 12, 1834.

Made, this ninth day of October, A. D. 1833, at the Grand Pawnee village, on the Platte river, between Henry L. Ellsworth, commissioner in behalf of the United States, and the chiefs and head-men of the four confederated bands of Pawnees, viz.—Grand Pawnees, Pawnee Loups, Pawnee Republicans, and Paw nee Tappaye, residing on the Platte and the Loup fork.

Cession of land to U. S.

Art. I. The confederated bands of Pawnees aforesaid hereby cede and relinquish to the United States all their right, interest, and title in and to all the land lying south of the Platte river.

Hunting ground.

Art. II. The land ceded and relinquished hereby, so far as the same is not and shall not be assigned to any tribe or tribes, shall remain a common hunting ground, during the pleasure of the President, for the Pawnees and other friendly Indians, who shall be permitted by the President to hunt on the same.

Amount of goods to be annually given.

Art. III. The United States, in consideration of said cession and for the purpose of advancing the welfare of the said Pawnees, agree to pay said bands annually, for the term of twelve years, the sum of forty-six hundred dollars in goods, at not exceeding St. Louis prices, as follows: to the Grand Pawneesand Republican villages, each thirteen hundred dollars, and to the Pawnee Loups and Tappaye Pawnee villages each one thousand dollars, and said annuity to said Grand Pawnees is in full remuneration for removal from the south to the north side of the Platte, and building again.

Agricultural implements.

Art. IV. The United States agree to pay to each of said four bands, for five years, the sum of five hundred dollars in agricultural implements; and to be continued longer if the President thinks proper.

449

Art. V. The United States agree to allow one thousand dollars a

Provision for schools.

year for ten years, for schools to be established for the benefit of said four bands at thé discretion of the President.

Art. VI. The United States agree to furnish two blacksmiths and

Blacksmiths, &c.

two strikers, with shop, tools and iron, for ten years, for said four bands, at an expense not exceeding two thousand dollars in the whole annually.

Art. VII. The United States agree to furnish each of said four tribes

Farmer, oxen &c.

with a farmer for five years, and deliver to said farmers for the benefit of said nation, one thousand dollars value in oxen and other stock. But said stock is not to be delivered into the hands of the said Pawnees, until the President thinks the same can be done with propriety and safety.

Art. VIII. The United States agree to erect, for each of said four

Corn mill.

bands, a horse-mill for grinding corn.

Art. IX. The Pawnee nation renew their assurance of friendship for

Disputes with other tribes to arbiter.

the white men, their fidelity to the United States, and their desire for peace with all neighboring tribes of red men. The Pawnee nation therefore agree not to molest or injure the person or property of any white citizen of the United States, wherever found, nor to make war upon any tribe with whom said Pawnee nation now are, or may be, at peace; but should any difficulty arise between said nation and any other tribe, they agree to refer the matter in dispute to such arbiter as the President shall appoint to settle the same.

Art. X. It is agreed and understood that the United States shall

Condition of these stipulations.

not be bound to fulfil the stipulations contained in the fifth, seventh, and eighth articles, until said tribes shall locate themselves in convenient agricultural districts, and remain in these districts the whole year, so as to give protection to the teachers, the farmers, stock and mill.

Art. XI. The United States, desirous to show the Pawnees the

To promote agriculture.

advantages of agriculture, engage, in case the Pawnees cannot agree to remain to protect their domestic interest, to break up for each village a piece of land suitable for corn and potatoes for one season; and should either village at any time agree to give the protection required, said village shall be entitled to the benefits conferred in said fifth, seventh, and eighth articles.

Art. XII. In case the Pawnee nation wilt remain at home during

Guns and ammunition.

the year, and give the protection specified, the United States agree to place twenty-five guns, with suitable ammunition, in the hands of the farmers of each village, to be used in case of an attack from hostile bands.

Art. XIII. The United States further agree to deliver to said four

Goods.

bands collectively, on the execution of this treaty, the amount of six teen hundred dollars in goods and merchandise, and the receipt of the same is hereby acknowledged by said bands.

Art. XIV. These articles of agreement and convention shall be

Treaty binding when ratified.

obligatory and binding when ratified by the President and Senate of the United States.

In testimony whereof, the said Henry L. Ellsworth, commissioner, and the chiefs and head-men of the four confederated bands of the Grand Pawnees, Pawnee Loups, Pawnee Republicans, and Tap-450TREATY WITH THE CHICKASAWS. 1834.paye Pawnees have hereunto signed their names and affixed their seals on the day and year above written.

HENRY L. ELLSWORTH.

(Grand Pawnees.)

Shah-re-tah-riche,

Shon-gah-kah-he-gah,

Pe-tah-liy-shah-rho,

Ah-sha-kah-tah-kho.

(Pawnee Republicans.)

Blue Coat,

Lay-shah-rho-lah-re-ho-rho,

Ah-shah-lay-kah-sah-hah,

Lay-shah-ke-re-pahs-kay.

(Tappayo Pawnees.)

Little Chief,

Lah-ho-pah-go-lah-lay-shah-rho,

Ah-ke-tah-we-he-kah-he-gay,

Skah-lah-lay-shah-rho.

(Pawnee Loups.)

Big Axe,

Middle Chief,

Spotted Horse,

Big Soldier.

Signed, sealed, and delivered in the presence of Edward A. Ellsworth, Sec. pro tern. Jno. Dougherty, Indn. Agt. A. L. Papin. Ware S. May, M. D. John Dunlop. John T. Irving, Jr. Lewis La Chapelle, Interpreter.

To the Indian names are subjoined marks.

May 24, 1831 Convention 7 Stat. 450 ARTICLES OF CONVENTION AND AGREEMENT

May 24, 1831.

Proclamation, July 1, 1834.

Proposed by the Commissioners on the part of the United States, in pursuance of the request made, by the Delegation representing the Chickasaw nation of Indians, and which have been agreed to.

Peace and friendship.

Art. I. It is agreed that perpetual amity, peace and friendship, shall exist between the United States, and the Chickasaw nation of Indians.

Indiana about to remove, are to be protected by U. S.

Art. II. The Chickasaws are about to abandon their homes, which they have long cherished and loved; and though hitherto unsuccessful, they still hope to find a country, adequate to the wants and support of their people, somewhere west of the Mississippi and within the territorial limits of the United States; should they do so, the Government of the United States, hereby consent lo protect and defend them against the inroads of any other tribe of Indians, and from the whites; and agree to keep them without the limits of any State or Territory. The Chickasaws pledge themselves never to make war upon any Indian people, or upon the whites, unless they are so authorised by the United States. But if war be made upon them, they will be permitted to defend themselves, until assistance, be given to them by the United States, as shall be the case.

U. S. to prevent intrusions on their lands.

Art. III. The Chickasaws are not acquainted with the laws of the whites, which are extended over them; and the many intruders which break into their country, interupting their rights and disturbing their repose, leave no alternative whereby restraint can be afforded, other than an appeal to the military force of the country, which they are unwilling to ask for, or see resorted to; and therefore they agree to forbear such a request, for prevention of this great evil, with the understanding, which is admitted, that the agent of the United States, upon 451the application of the chiefs of the nation, will resort to every legal civil remedy, (at the expense of the United States,) to prevent intrusions upon the ceded country; and to restrain and remove trespassers from any selected reservations, upon application of the owner of the same. And it is also agreed, that the United States, will continue some discreet person as agent, such as they now have, to whom they can look for redress of wrongs and injuries which may be attempted against them; and it is consented, that if any of their property, be taken by persons of the United States, covertly or forcibly, the agent on satisfactory and just complaint being made, shall pursue all lawful civil means, which the laws of the State permit, in which the wrong is done, to regain the same, or to obtain a just remuneration; and on failure or inability to procure redress, for the offended, against the offending party; payment for the loss sustained, on production of the record, and certificate of the facts, by the agent, shall be made by the United States; but in all such cases, satisfactory proof, for the establishing of the claim, shall be offered.

Art. IV. The Chickasaws desire to have within their own direction

Under what authority reservations may be sold.

and control, the means of taking care of themselves. Many of their people are quite competent to manage their affairs, though some are not capable, and might be imposed upon by designing persons; it is therefore agreed that the reservations hereinafter admitted, shall not be permitted to be sold, leased, or disposed of unless it appear by the certificate of at least two of the following persons, to wit: Ish-ta-ho-ta-pa the King, Levi Colbert, George Colbert, Martin Colbert, Isaac Alberson, Henry Love, and Benj. Love, of which five have affixed their names to this treaty, that the party owning or claiming the same, is capable to manage, and to take care of his or her affairs; which fact, to the best of his knowledge and information, shall be certified by the agent; and furthermore that a fair consideration has been paid; and thereupon, the deed of conveyance shall be valid provided the President of the United States, or such other person as he may designate shall approve of the same, and endorse it on the deed; which said deed and approval, shall be registered, at the place, and within the time, required by the laws of the State, in which the land may be situated; otherwise to be void. And where such certificate is not obtained; upon the recommendation of a majority of the Delegation, and the approval of the agent, at the discretion of the President of the United States, the same may be sold; but the consideration thereof, shall remain as part of the general Chickasaw fund in the hands of the Government, until such time as the chiefs in council shall think it advisable to pay it to the claimant or to those, who may rightfully claim under said claimant, and shall so recommend it. And as the King, Levi Colbert, and the Delegation, who have signed this agreement, and to whom certain important and interesting duties purtaining to the nation, are assigned, may die, resign, or remove, so that their people may be without the benefit of their services, it is stipulated, that as often as any vacancy happens, by death, resignation, or otherwise, the chiefs shall select some discrete person of their nation to fill the occurring vacancy, who, upon a certificate of qualification, dis cretion and capability, by the agent, shall be appointed by the Secretary of War; whereupon, he shall possess all the authority granted to those who are here named, and the nation will make to the person so appointed, such reasonable compensation, as they with the assent of the agent and the Secretary of War, may think right, proper and reasonable to be allowed.

Art. V. It is agreed that the fourth article of the “Treaty of Pontitock,”

Grants to be in fee; how determined.

Ante, p. 381.

be so changed, that the following reservations be granted in fee;—To beads of families, being Indians, or having Indian families, 452consisting of ten persons, and upwards, four sections of land are re served. To those who have five and less than ten persons, three sections. Those who have less than five, two sections. Also those who own more than ten slaves, shall be entitled to one additional section; and those owning ten and less than ten to half a section. These reservations shall be confined, to the sections or fractional sections on which the party claiming lives, or to such as are contiguous or adjoining to the sections resided upon, subject to the following restrictions and conditions:— Firstly. In cases where there are interferences arising, the oldest occupant or settler, shall have the preference, or, Secondly. Where the land is adjudged unfit for cultivation, by the Agent, and three of the seven persons, named in the fourth article above, the party entitled, shall be, and is, hereby authorized, to locate his claim upon other lands, which may be unappropriated, and not subject to any other claim; and where two or more persons, insist upon the entry of the same unappropriated section or fractional section, the priority of right shall be determined by lot; and where a fractional section is taken, leaving a balance greater or less than the surveyed subdivision of a section, then the deficiency shall be made up, by connecting all the deficiencies so arising: and the Register and Receiver thereupon, shall locate full or fractional sections, fit for cultivation, in the names respectively of the different persons claiming which shall be held by them as tenants in common, according to the respective interests of those who are concerned; and the proceeds when sold by the parties claiming, shall be divided according to the interests, which each may have in said section or fractional section, so located, or the same may be divided agreeably to quality or quantity.

Reservations for persons, not heads of families.

Art. VI. Also reservations of a section to each, shall be granted to persons male and female, not being heads of families, who are of the age of twenty-one years, and upwards, a list of whom, within a reason able time shall be made out by the seven persons herein before mentioned, and filed with the Agent, upon whose certificate of its believed accuracy, the Register and Receiver, shall cause said reservations to be located upon lands fit for cultivation, but not to interfere with the settlement rights of others. The persons thus entitled, are to be excluded from the estimated numbers contained in any family enumera tion, as is provided for in the fifth article preceding: and as to the sale, lease, or disposition of their reserves, they are to be subject to the conditions and restrictions, set forth in the fourth article. In these and in all other reserves where the party owning or entitled, shall die, the interest in the same shall belong to his wife, or the wife and children, or to the husband, or to the husband and children, if there be any; and in cases of death, where there is neither husband, wife, nor children left, the same shall be disposed of for the general benefit; and the proceeds go into the general Chickasaw fund. But where the estate as is prescribed in this article, comes to the children, and having so come, either of them die, the survivor or survivors of them, shall be entitled to the same. But this rule shall not endure longer than for five years, nor beyond the period when the Chickasaws may leave their present for a new home.

In case of marriage between a white man and an Indian woman.

Art. VII. Where any white man, before the date hereof has married an Indian woman, the reservation he may be entitled to under this treaty, she being alive, shall be in her name, and no right of alienation of the same shall purtain to the husband unless he divest her of the title, after the mode and manner that feme coverts, usually divest them selves of title to real estate, that is, by the acknowledgment of the wife which may be taken before the Agent, and certified by him, that she 453consents to the sale freely, and without compulsion from her husband, who shall at the same time certify that the head of such family is prudent, and competent to care of and manage his affairs; otherwise the proceeds of said sale shall be subject to the provisions and restrictions contained in the fourth article of this agreement. Rights to reservations as are herein, and in other articles of this agreement secured, will purtain to those who have heretofore intermarried with the Chickasaws, and are residents of the nation.

Art. VIII. Males and females below the age of twenty-one years,

Provision for orphans, &c.

whose father being dead, the mother again has married, or who have neither father nor mother, shall each be entitled to half a section of land, but shall not be computed as parts of families under the fifth article, the same to be located under the direction of the Agent, and under the supervision of the Secretary of War, so as not to interfere with any settlement right. These lands may be sold upon a recommendation of a majority of the seven persons, heretofore named in this agreement, setting forth that it will prove advantageous to the parties interested; subject however, to the approval of the President, or such other person as he shall designate. If sold, the funds arising shall be retained, in the possession of the Government, or if the President deem it advisable they shall be invested in stocks for the benefit of the parties interested, if there be a sufficient sum to be invested, (and it can be invested,) until said persons marry or come of age, when the amount shall be paid over to those who are entitled to receive it, provided a majority of the seven persons, with the Agent, shall certify, that in their opinion, it will be to their interest and advantage, then, and in that case, the proceeds shall be paid over to the party or parties entitled to receive them.

Art. IX. But, in running the sectional lines, in some cases it will

Interfering sectional lines.

happen, that the spring and the dwelling house, or the spring and the cleared land, or the cleared land and the dwelling house of settlers, may be separated by sectional lines, whereby manifest inconvenience and injury will be occasioned; it is agreed, that when any of these occurrences arise, the party shall be entitled as parts and portions of his reservations, to the adjoining section or fraction, as the case may be, unless there be some older occupant, claiming a preference; and in that event, the right of the party shall extend no farther than to give to the person, thus affected and injured, so much of his separated property, as will secure the spring; also, where a sectional line shall separate any improvement, dwelling house, kitchen or stable, so much of the section, which contains them, shall be added into the ocupied section, as will secure them to their original owner; and then and in that case, the older ocupant being deprived of preference, shall have his deficiency thus occasioned, made up to him by some fractional section, or after the mode pointed out in the latter part of the fifth article of this treaty.

Art. X. Reservations are admitted to the following persons, in addition

Special reservations admitted.

to those which may be claimed under the fifth article of this Treaty to wit:—Four sections to their beloved and faithful old Chief Levi Colbert; To George Colbert, Martin Colbert, Isaac Alberson, Henry Love and Benj. Love, in consideration of the trouble they have ‘had in coming to Washington, and of the farther trouble hereafter to be encountered in taking care of the interests of their people, under the provisions of this treaty, one section of land to each. Also there is a fractional section, between the residence of George Colbert, and the Tennessee river, upon which he has a ferry, it is therefore consented, that said George Colbert, shall own and have so much of said 454fraction, as may be contained in the following lines, to wit.—begining near Smith’s ferry at the point where the base meridian line and the Tennessee river come in contact,—thence south so far as to pass the dwelling-house, (and sixty yards beyond it,) within which is interred the body of his wife,—thence east to the river and down the same to the point of begining. Also there shall be reserved to him an island, in said river, nearly opposite to this fraction, commonly called Colberts Island. A reservation also of two sections is admitted to Ish-ta-ho-ta-pa the King of the Chickasaw nation. And to Min-ta-ho-yea the mother of Charles Colbert one section of land. Also one section, each, to the following persons:—Im-mub-bee, Ish-tim-o-lut-ka, Ah-to-ho-woh, Pis-tah-lah-tubbe, Capt. Samuel Seley and William McGilvery. To Col. Benj. Reynolds their long tried and faithful Agent, who has guarded their interests and twice travelled with their people far west, beyond the Mississippi, to aid them in seeking and finding a home, there is granted two sections of land. Jointly to William Cooper and James Davis, lawyers of Mississippi who have been faithful to the Indians, in giving them professional advice, and legal assistance, and who are to continue to do so, within the States of Tennessee, Alabama and Mississippi, while the Chickasaw people remain in said States, one section is granted. To Mrs. Margt. Allen wife of the sub-agent in her own right, half a section. These reservations to Benj. Reynolds, William Cooper, James Davis and Margt. Allen, arc to be located so as not to interfere with the Indian reservations.

Disposal of the lands under the location of reservations.

Art. XI.

After the reservations are taken and located, which shall be the case as speedily as may be after the surveys are completed, of which the Register and Receiver shall give notice, the residue of the Chickasaw country shall be sold, as public lands of the United States are sold, with this difference; The lands as surveyed shall be offered at public sale at a price not less than one dollar and a quarter per acre; and thereafter for one year those which are unsold, and which shall have been previously offered at public sale, shall be liable to private entry and sale at that price; Thereafter, and for one year longer they shall be subject to entry and private sale, at one dollar per acre; Thereafter and during the third year, they shall be subject to sale and entry, at fifty cents per acre; Thereafter, and during the fourth year, at twenty-five cents per acre; and afterwards at twelve and a half cents per acre. But as it may happen, in the fourth and after years, that the expenses may prove greater than the receipts, it is agreed, that at any time after the third year, the Chickasaws may declare the resedue of their lands abandoned to the United States, and if so, they shall be thenceforth acquitted of all and every expense on account of the sale of the same.

And that they may be advised of these matters it is stipulated, that the Government of the United States, within six months after any public sale takes place, shall advise them of the receipts and expenditures, and of balances in their favor; and also at regular intervals of six months, after the first report is made, will afford them information of the proceeds of all entries and sales. The funds thence resulting, after the necessary expenses of surveying and selling, and other advances which may be made, are repaid to the United States, shall from time to time be invested in some secure stocks, redeemable within a period of not more than twenty years; and the United States will cause the interest arising therefrom, annually to be paid to the Chickasaws.

Notice of sale to be given.

Art. XII. When any portion of the country is fully surveyed, the President may order the same to be sold, but will allow six months, from the date of the first notice to the first sale; and three months’ notice of any subsequent intended public sale, within which periods of 455time, those who can claim reservations, in the offered ranges of country, shall file their applications and entries with the Register and Receiver; that the name of the owner or claimant of the same, may be entered and marked on the general plat, at the office, whereby mistakes in the sales may be avoided, and injuries be prevented.

Art. XIII. If the Chick asaws shall be so fortunate as to procure a

Provision for their removal.

home, within the limits of the United States, it is agreed, that with the consent of the President and Senate so much of their invested stocks, as may be necessary to the purchase of a country for them to settle in, shall be permitted to them to be sold, or the United States will advance the necessary amount, upon a guarantee and pledge of an equal amount of their stocks; also, as much of them may be sold, with the consent of the President and Senate, as shall be adjudged necessary for establishing schools, mills, blacksmiths shops; and for the education of their children; and for any other needful purpose, which their situation and condition, may make, and by the President and Senate be considered, necessary; and on the happening of such a contingency, and information thereof being given of an intention of the whole or any portion of the nation to remove; the United States will furnish competent persons, safely to conduct them to their future destination, and also supplies necessary to the same, and for one year after their arrival at the west, provided the Indians shall desire supplies, to be furnished for so long a period; the supplies so afforded, to be chargeable to the general Chickasaw account, provided the funds of said nation shall be found adequate to the expenses which under this and other articles of this agreement may be required.

Art. XIV. It is understood and agreed, that articles twelve and thirteen

Certain articles of the treaty of Pontitock to remain in force.

Ante, p. 381.

of the “Treaty of Pontitock,” of the twentieth day of October, one thousand, eight hundred and thirty-two, and which was concluded, with Genl. John Coffee shall be retained; all the other articles of said treaty, inconsistent in any respect with the provisions of this, are declared to be revoked. Also so much of the supplemental treaty as relates to Colbert Moore; to the bond of James Colbert transferred to Robert Gordon; to the central position of the Land Office; to the establishment of mail routes through the Chickasaw country; and as it respects the privilege given to John Doncly; be, and the same are declared to be in full force.

Art. XV. By the sixth article of a treaty made with the Chickasaw

Boundary under treaty of 1818, how considered.

Ante, p. 381.

nation, by Andrew Jackson and Isaac Shelby, on the nineteenth day of October, one thousand eight hundred and eighteen, it was provided that a Commissioner should be appointed, to mark the southern boundary of said cession; now it is agreed that the line which was run and marked by the Commissioner on the part of the United States, in pursuance of said treaty, shall be considered the true line to the extent that the rights and interests of the Chickasaws are couserned, and no farther.

Art. XVI. The United States agree that the appropriation made by

Appropriation made in 1833 to be applied.

1833, ch. 59.

Congress, in the year one thousand eight hundred and thirty-three, for carrying into effect “the treaty with the Chickasaws,” shall be applicable to this; to be reimbursed by them; and their agent may receive and be charged with the same, from time to time, as in the opinion of the Secretary of War, any portion may be wanted for national purposes, by the Chickasaws; of which nature and character, shall be considered their present visit to Washington City.

456

Done at the City of Washington on the 24th day of May, one thousand eight hundred and thirty-four.

JNO. H. EATON, Commssr on the part of the U States.

George Colbert,

Isaac Albertson,

Martin Colbert,

Henry Lore,

Benjamin Love.

Witnesses:—Charles F. Little, Secretary to Commr. Ben. Reynolds, Ind. Agent. G. W. Long. James Standefer. Thomas S. Smith. Saml. Swartwout. Wm. Gordon. F. W. Armstrong, C. Agent. John M. Millard.

To the Indian names are subjoined a mark and seal.

The undersigned appointed by the Chickasaw nation of Indians in the two fold capacity of a delegate and interpreter, hereby declares that in all that is set forth in the above articles of convention and agreement, have been by him fully and accurately interpreted and explained and that the same has been approved by the entire delegation.

May 24th, 1834.

BENJAMIN LOVE, Delegate and Interpreter. Charles F. Little Sec. to Commr. Ben Reynolds Ind. Agent.

May 24, 1834 Supplementary 7 Stat. 456 ARTICLES SUPPLEMENTARY

May 24, 1834.

To those concluded and signed, by the United States Commissioner, and the Chickasaw delegation on the 24th day of May, one thousand eight hundred and thirty four; which being agreed to by the President and Senate of the United States, are to stand as part of said treaty.

Provision in favor of Levi Colbert, &c.

Art. I. It is represented that the old chiefs Levi Colbert and Isaac Alberson, who have rendered many and valuable services to their nation, desire on account of their health, to visit some watering place, during the present year, for recovery and restoration; it is agreed that there be paid to the agent for these purposes, and to discharge some debts which are due and owing from the nation, the sum of three thousand dollars, out of the appropriation of one thousand eight hundred and

Ante, p. 381.

thirty-three, for carrying into effect the “treaty of Pontitock,” which said sum so far us used is to be hereafter reimbursed to the nation, by said Levi Colbert and Isaac Alberson, and by the nation to the United States, as other advances are to be reimbursed, from the sale of their lands.

Children to be educated in the United States.

Art. II. The Chickasaw people express a desire that the Government shall at the expense of the United States, educate some of their children, and they urge the justice of their application, on the ground, that they have ever been faithful and friendly to the people of this country,—that they have never raised the tomahawk, to shed the blood of an American, and have given up heretofore to their white brothers, extensive and valuable portions of their country, at a price wholly inconsiderable and inadequate; and from which the United States have derived great wealth and important advantages; therefore, with the advice and consent of the President and Senate of the United States, it is consented, that 457three thousand dollars for fifteen years, be appropriated and applied under the direction of the Secretary of War, for the education and instruction within the United States, of such children male and female or either, as the seven persons named in the treaty to which this is a supplement, and their successors, with the approval of the agent, front time to time may select and recommend.

Art. III. The Chickasaw nation desire to close finally, all the business

A former reservation ceded to U. S.

they have on the east side of the Mississippi, that their Great Father, may be no more troubled with their complaints, and to this end, they ask the Government to receive from them a tract of land, of four miles square, heretofore reserved under the 4th article of their “Treaty

Ante, p. 192.

of 1818,” and to pay them within three months, from the date of this arrangement, the Government price of one dollar and a quarter per acre, for said reserve; and accordingly the same is agreed to, provided a satisfactory relinquishment of title from the parties interested, be filed with the Secretary of War, previous to said payment being made.(*) * This article was not confirmed, by the senate of the United States.

Art. 4. Benj. Reynolds, agent at the time of paying their last annuity,

Money stolen from the agent.

had stolen from him by a negro slave of the Chickasaws, a box containing one thousand dollars; the chiefs of the Chickasaw people satisfied of the fact, and hence unwilling to receive the lost amount from their agent, ask, and it is agreed, that the sum so stolen and lost, shall be passed to the credit of their nation by the United States, to be drawn on hereafter for their national purposes.

Art. V. The Chickasaw people are aware that one clerk is insufficient

An additional clerk to be appointed.

to the bringing of their lands early into market; and rather than encounter the delay which must ensue, they prefer the increased expense of an additional one. It is therefore stipulated that the President shall appoint another clerk, at the same annual compensation, agreed upon by the “Treaty of Pontitock;” who shall be paid after the manner prescribed

Ante, p. 381.

therein. But whenever the President shall be of opinion that the services of any officer employed under this treaty, for the sale of lands can be dispensed with; he will in justice to the Chickasaws, and to save them from unnecessary expenses, discontinue the whole, or such as can be dispensed with.

Signed the 24 of May 1834. JNO. H. EATON Commissr on the part of the U. States.

George Colbert,

Isaac Albertson,

Martin Colbert,

Henry Love,

Benjamin Love.

Witness:—Charles F. Lillie, Sec. to Commr. Ben Reynolds, Ind. Agent. G. W. Long. James Standefer. Thomas S. Smith. Saml. Swartwout. Wm. Gordon. F. W. Armstrong, C. Agent. John M. Millard.

To the Indian names are subjoined a mark and seal.

Oct. 23, 1834 Treaty 7 Stat. 458 ARTICLES OF A TREATY

Oct. 23, 1834.

Proclamation, Dec. 22, 1837.

Between the United States and the Miami tribe of Indians, concluded at the Forks of the Wabash, in the State of Indiana on the 23d day of October 1834—by and between William Marshall Commissioner of the United States and the Chiefs and Warriors of said tribe. (a) (a) It has been deemed proper to insert parts of the proclamalions in relation to this treaty and the amendments thereto.

Article 1st.

The Miami tribe of Indians agree to cede to the United

Cession of land to U. S.

States—the following described tracts of land, within the State of Indiana—being a part of reservations made to said tribe from former cessions—now conveyed for and in consideration of the payments stipulated to be made to them in the 2d article of this treaty [of] cession:

Ante, p. 300.

One tract of land, thirty-six sections at Flat Belly’s village a reserve made by the treaty of Wabash of 1826.

Also one tract of land about twenty-three thousand acres, more or less, a reserve made at Wabash treaty in 1826 of five miles in length on the Wabash river extending back to Eel river.

Also one other tract of ten sections at Racoon village and a tract of ten sections at Mud creek on Eel river at the old village reserves made at Wabash treaty of 1826.

Ante, p. 178.

Also one reserve of two miles square on the Salamany river at the mouth of At-che-pong-quawe creek, made at the treaty of St. Mary’s of 1818.

Also one other tract, being a portion of the ten mile square reserve,

Ante, p. 189.

made at the treaty of St. Mary’s of 1818, opposite the mouth of the river Aboutte, commencing at the northeast corner of said reserve, thence south with the eastern boundary of the same ten miles, to the southeast corner of the reserve—thence west with the southern boundary one mile—thence north nine miles thence west nine miles, thence north one mile to the northwest corner of said reserve, thence to the place of beginning.

The Miamies also agree to cede a portion of their big reserve made at the treaty of St. Mary’s of 1813—situated southeast of the Wabash—extending along the Wabash river from the mouth of Salamany river—to the mouth of Eel river—The part now ceded shall be em braced—within the following bounds, to wit; commencing on the Wabash river at the mouth of Eel river, runing up said Wabash river—eight miles—thence south two miles—thence westwardly one mile—thence south to the southern boundary of said reserve—thence along said boundary line seven miles—to the southwest corner—thence northerly with the western boundary line to the place of begining.

Consideration therefor.

Article 2d. For and in consideration of the cession made in the first article of this treaty—the United States agree to pay to the Miami tribe of Indians, the sum of two hundred and eight thousand dollars, of this sum fifty-eight thousand dollars, to be paid in goods, as soon as the commissioner on the part of the United States can procure the same, and he binds himself to deliver them in one moon from this date, fifty thousand dollars at the urgent request of the Indians, to be placed in the hands of the present Indian agent at Logansport to be by him, applied, to the payment of the debts of the tribe agreeable to a schedule 458 TREATY WITH THE MIAMIES. 1834.459to be by them famished said agent, stating as far as practicable for what contracted and to whom due—the said agent shall as soon as practicable—after the said money comes into his bands, pay it over, in a just pro portion agreeable to their respective claims, to the creditors of said tribe as specehed in said schedule furnished him, and should any balance remain in his hands after paying the debts as specefted in the schedule, the same shall be paid over to the tribe for their use and benefit.

Article 3d. From the cession made in the first article of this treaty,

Grants to persons named in schedule annexed.

there shall be granted to each of the persons named in the schedule hereunto annexed and to their heirs and assigns by patent from the President of the United States.

Article 4th. It is agreed between the parties to this treaty that a

Patent to issue to J. B. Richardville.

patent in fee simple—shall be issued by the President of the United States, to John B. Richardville principal chief of the Miami nation for a reserve of ten sections at the Forks of the Wabash, made to said tribe by treaty of 23d October 1826, he having an Indian title to the

Ante, p. 300.

same.

Article 5th. The United States agree to furnish a skilful miller to

Miller.

Ante, p. 191.

superintend a mill for the Miami tribe in lieu of the gunsmith, promised by the fifth article of the treaty of St. Mary’s of 1818.

Article 6th. The United States agree to have the buildings and

Buildings, &c. to be valued.

improvements on the lands ceded by the first article of this treaty valued, to cause a similar amount in value laid out in buildings, clearing and fencing ground for the use of the Indians, on such place or places as their chiefs—may select.

Article 7th. The United States agree to purchase from Met-chin-equea

U. S. agree to purchase certain land.

two sections of land granted to him by treaty of Wabash of 1826 at the old town on Eel river for which he shall be paid sixteen hundred dollars—on his making to the United States a good and sufficient deed for the same.

Article 8th. The United States agree that the Indians—have peaceable

Indians to have possession, &c. until, &c.

possession of their houses and improvements on the lands ceded in the first article of this treaty—until the improvements are made in pursuance of the sixth article.

Article 9th. The United States agree to pay one thousand dollars—out

Payment for support of infirm Indians.

Ante, p. 301.

of the two thousand granted by the sixth article of the treaty of Wabash of 1826 to the principal chief of the nation to be by him expended—in support of the poor and infirm persons of the tribe under the direction of the President of the United States.

Article 10th. The United States agree to furnish implements of

Implements of agriculture.

Ante, p. 191.

agriculture in pursuance of the fifth article of the treaty of St. Mary’s of 1818—when applied for—the same never being furnished.

Article 11th. The United States agree to pay the Miami Indians for

Payment for horses and goods stolen.

such horses and goods as were actually stollen from them by citizens of the United States.

Article 12th. The United States agree to pay the Miami Indians

Further payment.

Ante, p. 300.

three hundred sixty dollars yearly—in lieu of the eight labourers to be furnished yearly—by the treaty of Wabash of 1826.

Article 13th. It is agreed that the President of the United States—uses

U. S. to procure a relinquishment of certain land.

Ante, p. 300.

his influence, to procure, from the State of Indiana—a relinquish ment—of the six chains, granted for the use of a canal; at the treaty, of Wabash, of 1826, so far as the same passes through the ten sections at the Forks of the Wabash; except so much as is necessary for the actual occupancy of the canal and road.

460

Patents to issue to persons named.

Article 14th.

The United States agree to cause patent in fee simple to issue to the following named persons for the several tracts of laud attached to their names granted to them by former treateys to wit;

To Litle Charley for five sections of land—above the old village on

Ante, p. 300.

the north side of Eel river—granted to him by treaty of Wabash of 1826.

To Laventure’s daughter for one section of land on the Maumee river granted to her by treaty of Wabash of 1826.

To To-pee-ah son of Francis Lafontain for one section granted him by treaty of St. Mary’s of 1818.

To Francis Godfroy for four sections of land on the Salamany river—granted to him by treaty of St. Mary’s of 1818—being the rescdue he now holds of said grant.

Payment for goods.

Article 15th. It is agreed by the Miami tribe that payment for the goods to be furnished in pursuance of the second article of this treaty shall be paid from their annuetys, if this treaty is rejected by the Presedent and Senate of the United States.

Grant to Hugh Hannah.

Article 16th. There shall be granted to Hugh Hannah one quarter section of land, in lue of one selected and not approved, on the grant made to Gurie by treaty of Wabash of 1826—the same to be selected under the direction of the President of the United States.

Schedule of grants, referred to in the 3d article.

Grants to persons named.

To Francis Godfroy one section of land, at the lower line of the five mile reserve on the Wabash river, to be located adjoining the town of Perue, and one half section, to be located on said Wabash river, on the said five mile reserve opposite his trading house, also one other half section of land, to be located on that part the big reserve on the south west side the Wabash, ceded by the first article of this treaty above and adjoining the two sections granted to John B. Richardville.

To To-pe-ah, one section of land, commencing one mile from the northeast corner of the ten mile reserve opposite the mouth, the river Aboit granted by treaty of St. Mary’s of 1818—thence south one mile—thence west one mile, thence north one mile thence east to the place of begining.

To Wa-pa-se-pah, son of Lafontain one section of land, west and adjoining the one granted to To-pe-ah.

To Ne-ah-long-quaw—two sections of land west and adjoining the one to Wa-pa-se-pah.

To A-saw-sonm-ma-quah or Susan—one section of land west and adjoining the two granted Ne-ah-long-quah.

To Poqua son of Francis Godfroy one half section of land west and adjoining the one to Susan.

To Francis Godfroy one half section west and adjoining the one to Poqua.

To Paul Longlois one section of land on the Wabash river to include his field.

To Chapiene one section of land to include the Racoon’s village, commencing two poles west of the graveyard, northwest of the village thence on an easterly direction to river Aboit, thence with said river until it strikes the reserve line, thence with said line for quantity to include within the bounds one section,also one other section of land west and adjoining the half section granted to Francis Godfroy on the ten mile reserve.

461

To John B. Richardville principal chief of the Miami nation one section of land on the five mile reserve opposite the mouth of the Mississineway river to include the improvement made by Joseph Richardville deceased, also one quarter section of land on the Wabash river at the upper line of the said five mile reserve,also two sections of land on the big reserve commencing on the Wabash river opposite the mouth of Eel river running up said river two miles, thence back for quantity so as to include within the bounds two sections of land.

To Wa-pa-pe-she one section of land to be located on the Wabash river, at upper line of that part the big reserve ceded by the first article of this treaty.

To O-san-dear one section of land to be located on said Wabash river below and adjoining the one granted to Wa-pa-pe-she.

To Mac-keh-teh-maung-guaw or Black Loon one section of land to be located adjoining and south of the one granted to O-san-dear.

To Chin-qua-que-ah or Duck one section back and adjoining the one granted to Wa-pa-se-pah.

To Peter Longlois one section of land to be located at a point on Wildcat river—where the old trace from Mississineway to Thorntown crosses the same.

To the two sons of Dupee one half section of land, to be located on the reserve at Racoon’s village under the direction of the President of the United States.

To Peter Gouin one half section of land to be located back of the section granted to Black Loon.

To Waw-pee-maung-guah one section of land on the ten mile reserve adjoining the one granted to Chappene.

To Ca-ta-ke-mon-qua daughter of Angelique one section of land to be located on the ten mile reserve west and adjoining the one granted to Waw-pee-maung-guah.

To Rebecca Hackly one quarter section to be selected under the direction of the President of the United States.

This treaty to be binding, when ratified by the President, and Senate

Treaty binding when ratified.

of the United States.

In testimony whereof the said William Marshall, the commissioner aforesaid, and the chiefs warriors and headmen of the Miami tribe, have hereunto subscribed their names, in the year of our Lord eighteen hundred and thirty-four.

WILLIAM MARSHALL.

Flat Belly

Co-the-mon-guah,

Che-choc-wah,

Wah-wa-as-se,

No-con-saw,

Po-wa-pe-ah,

O-san-deah,

Wa-pa-pin-chau,

To-pe-ah,

Ne-ah-lin-gua,

Chappene,

Co-i-sa,

Ma-con-saw, or seek,

Shingle-mashe,

Little Charley,

Met-chin-equea,

Francis Godfrey,

Chin-qua-que-ah,

Pishewa,

Wa-pe-mung-qua,

Chin-qua-que-ah,

Wa-ke-shin-qua,

Wa-pa-pi-set,

Shaw-co-com-waugh,

Mung-go-saw,

La-laugh,

Ta-co-naugh,

Mi-a-que-a,

O-san-dear,

O-wan-so-pe-ah,

Me-chaw-cot-wah,

Pin-daw-lin-shaw,

Men-na-twa,

Wa-kin-e-kee-tough,

Ca-ta-ke-mon-guah,

Kee-sone-saw,

Po-come-cot-waugh,

Men-gone-saugh,

462

Ma-quagh-con-nong,

Ma-ma-see-cha,

Poqua,

Wa-pa-co-cha,

Sha-pon-to-saw,

Ne-pa-wa,

Sha-pon-to-saw,

To-san-yah,

No-wa-co-paugh,

Sho-e-lin-chee,

Min-see-quah,

Mi-a-que-ab,

Fa-fa,

Pa-pin-gee-she,

Kee-mo-le-ah,

Wa-wa-saw-ma,

Mun-gone-saw,

O-wan-so-pe-ah,

Kee-la-come-wa-quah,

Yah-ka-cone-na,

Co-come-wah,

Po-co-ga,

Che-ke-no-quah,

Kee-she-con-saw,

Wa-pa-co-se-ah,

Ta-co-qua,

Cot-tee-mon-gua,

Long-guah,

Wa-pa-pe-taugh,

Go-ta-co-paugh,

To-san-ne-ah,

Captain Flour,

Go-ta-cu-puah,

John B. Richardville,

Principal chief.

Allen Hamilton, Sect’y to the Commissioner. J. P. Taylor, Capt. U. S. army Jesse Verniilya. Peter Langley, Interpreter.

To the Indian names are subjoined marks.

And whereas, Andrew Jackson, then President of the United States of America, not approving of said treaty, the principal Chiefs of said tribe of Indians assented to certain modifications thereof, as appears by the following agreement between said Chiefs and Jonathan Keller, Commissioner of the United States, viz:

July 31, 1837 Agreement 7 Stat. 462 ARTICLES OF AGREEMENT,

July 31, 1837.

Made and, entered into, at the Forks of the Wabash, on the 31st day of July, 1837, between Jonathan Keller commissioner of the United States, and the principal chiefs of the Miami tribe of Indians, witnesseth:

Assent of the Indians to certain modifications of the treaty.

That it is agreed between the contracting parties, that certain articles of a treaty entered into between William Marshall commissioner of the United States and the Miami Indians on the 23d day of October 1834, (not being in conformity to the views of the President of the United States) and being submitted to us the head chiefs by direction of the President for modification, the undersigned hereby consents and agrees to the following modifications, to wit; From the second section strike out all that relates to the payment of goods to the Miamies, as a part consideration for the lands ceded, and insert money in lieu thereof—and all that relates to placing money in the hands of a white man to pay the debts of the Indians, to alter the 7th section, and to add the 8th section to the 6th,and strike from the treaty the 9th, 10th, 12th, 13th, and 15th sections.

The undersigned chiefs consenting to and confirming the entire cession made by the treaty above mentioned.

In testimony whereof, we have hereunto set our names the date above mentioned,

JONATHAN KELLER.

John B. Richardville,

Francis Godfroy,

Ma-gi-ne-ca.

Witnesses present,

Allen Hamilton. A. C. Pepper, Indian Agent.

To the Indian names are subjoined marks.

463 And whereas the said treaty with explanatory documents from the Department of War, having been submitted to the Senate for its advice in regard to the ratification of the original treaty, with the amendments proposed by the Secretary of War, the treaty, with the amendments, in the event of its ratification by the United States, to be again submitted to the Chiefs and Warriors of the Miami tribes for their sanction or rejection, the Senate did on the twelfth day of October, one thousand eight hundred and thirty-seven, resolve as follows, viz:

In Senate of the United States,

Oct. 12, 1837.

October 12th, 1837.

Resolved,

(two-thirds of the Senators present concurring,) That the

The Senate coupont to the ratification, with the following amendment.

Senate do advise and consent to the ratification of the treaty between the United States of America and the Miami tribe of Indians, concluded at the Forks of the Wabash, in the State of Indiana, on the twenty-third day of October, one thousand eight hundred and thirty-four; with the following amendment; Provided, that the Chiefs and Warriors of the

Proviso.

said tribe, shall in General Council, as on the occasion of concluding the aforesaid treaty, agree to and sign the same:

Attest, ASBURY DICKINS, Secretary.

amendment.

Strike out the whole of said treaty after the title and insert the following in lieu thereof:

Oct. 23, 1834 Treaty 7 Stat. 463 ARTICLES OF A TREATY

Oct. 23, 1834.

Proclamation, Dec. 22, 1837.

Assent of the Indians, Nov. 10, 1837.

Between the United States and the Miami tribe of Indians, concluded at the Forks of the Wabash, in the State of Indiana, on the 23d day of October, 1834, by and between William Marshall, commissioner of the United States, and the chiefs and warriors of said tribe.

Article 1.

The Miami tribe of Indians agree to cede to the United

The Indians cede the following tracts of land.

States the following described tracts of land within the State of Indiana, being a part of reservations made to said tribe from former cessions, now conveyed for and in consideration of the payments stipulated to be made to them in the 2d article of this treaty of cession.

One tract of land, thirty-six sections, at Flat Belly’s village, a reserve

Ante, p. 300.

made by the treaty of Wabash of 1826.

Also, one tract of land, about twenty-three thousand acres more or less, a reserve made at Wabash treaty in 1826, of five miles in length on the Wabash river, extending back to Eel river.

Also, one other tract of ten sections at Racoon village, and a tract of ten sections at Mudd creek on Eel river, reserves made at Wabash treaty of 1826.

Also, one reserve of two miles square on the Salamany river at the

Ante, p. 189.

mouth of At-che-pong-quaw creek, reserve made at the treaty of St. Mary’s of 1818.

Also, one other tract being a portion of the ten mile square reserve, made at the treaty of St. Mary’s of 1818, opposite the mouth of the river Aboutte, commencing at the northeast corner of said reserve, thence south with the eastern boundary of the same ten miles to the southeast corner of the reserve, thence west with the southern boundary one mile, thence north nine miles, thence west nine miles, thence north one mile to the northwest corner of said reserve, thence to the place of beginning.

464

The Miamies also agree to cede a portion of their big reserve, made at the treaty of St. Mary’s of 1818, situated southeast of the Wabash, extending along the Wabash river, from the mouth of Salamany river, to the mouth of Eel river. The part now ceded shall be embraced within the following bounds to wit: commencing on the Wabash river, opposite the mouth of Eel river, running up said Wabash river eight miles, thence south two miles, thence westwardly one mile, thence south to the southern boundary of said reserve, thence along said boundary line seven miles to the southwest corner, thence northerly with the western boundary line to the place of beginning.

Consideration therefor.

Article 2. For and in consideration of the cession made in the first article of this treaty, the United States agree to pay the Miami tribe of Indians the sum of two hundred and eight thousand dollars; of this sum fifty-eight thousand dollars to be paid within six months from the ratification of this treaty, fifty thousand dollars to be applied to the payment of the debts of the tribe, and the remaining sum of one hundred thousand dollars in annual instalments of ten thousand dollars per year.

Grants to be made from the lands ceded.

Article 3. From the cession made in the first article of this treaty, there shall be granted to each of the persons named in the schedule hereunto annexed, and to their heirs and assigns, by patent from the Presi dent of the United States, the lands therein named.

A patent in fee simple to be issued to J. B. Richardville.

Article 4. It is agreed, between the parties to this treaty, that a patent in fee simple shall be issued by the President of the United States to John B. Richardville, principal chief of the Miami tribe, for a reserve of ten sections at the Forks of the Wabash, made to said tribe by treaty

Ante, p. 300.

of twenty-third October, 1826, he having an Indian title to the same, a copy of which, marked A, accompanies this treaty.

A miller to be furnished.

Article 5. The United States agree to furnish a skilful miller, to superintend a mill for the Miamies, in lieu of the gunsmith promised by the 5th article of the treaty of St. Mary’s of 1818.

Improvements.

Article 6. The United States agree to have the buildings artd improvements on the lands ceded by the first article of this treaty valued. To cause a similar amount in value, laid out in building, clearing and fencing ground, for the use of the Indians, on such place or places as their chiefs may select, and that the Indians have peaceable possession of their houses and improvements, on the lands ceded in the first article of this treaty, until the improvements are made as provided for in this article.

U. S. to pay for horses stolen by the whites.

Article 7. The United States agree to pay the Miami Indians fifteen hundred dollars, for horses heretofore stolen from them by the whites.

Patents in fee simple to issue to persons named.

Article 8.

The United States agree to cause patents in fee simple to issue to the following named persons, for the several tracts of land attached to their names, granted to them by former treaties, to wit: To Little Charley, for five sections of land, above the old village on the north side of Eel river, granted to him by treaty of Wabash of 1826.

Ante, p. 300.

To Laronture’s daughter, for one section of land on the Maumee river, granted to her by treaty of Wabash of 1826.

To To-pee-ah, son of Francis Lafontain, for one section, granted him

Ante, p. 150.

by treaty of St. Mary’s of 1818.

To Met-chin-e-quea, for two sections of land granted him by treaty of Wabash of 1826, at the old town on Eel river.

To Francis Godfrey, for four sections of land on the Salamany river, granted him at treaty of St. Mary’s of 1818, being the residue of what he now holds of said grant.

465

Article 9. There shall be granted to Hugh Hanna, one quarter section

A quarter section of land to be granted to Hugh Hanna.

Ante, p. 300.

of land, in lieu of one selected and not approved on the grant made to Guire at treaty of Wabash of 1826, (Hanna having purchased of Guire,) the selection to be made under the direction of the President of the United States.

Schedule of grants referred to in the 3d Article.

To Francis Godfroy one section of land at the lower line of the five

Grants of land to persons named.

mile reserve on the Wabash river, to be located adjoining the town of Peru; one half section to be located on said Wabash river, opposite his trading house, and one half section to be located on that part of the big reserve southwest side the Wabash, above and adjoining the two sections granted to John B. Richardville; and one half section back and adjoining the, one granted to said John B. Richardville, opposite the mouth of Eel river.

To To-pe-ah, one section of land, commencing one mile from the northeast corner of the ten mile reserve, opposite the mouth of Aboit river, (granted by treaty of St. Mary’s of 1818,) thence south one mile,

Ante, p. 190.

thence west one mile, thence north one mile, thence east to the place of beginning.

To Wa-pa-se-pah, son of Lafontain, one section of land west and adjoining the one to To-pee-ah.

To Ne-ah-long-quaw, two sections of land, west and adjoining the one to Wa-pa-se-pah.

To A-saw-som-ma-quah, or Susan, one section of land, west and adjoining the two to Ne-ah-long-quaw.

To Poqua, son of Francis Godfroy, one half section, west and adjoining the one to Susan.

To Francis Godfroy, one half section of land, west and adjoining the one to Poqua.

To Paul Longlois, one section of land on the Wabash river, to include his field.

To Chappene one section of land, to include Racoon village, commencing two poles west of the grave yard northwest of the village, thence on an easterly direction to river About, thence with said river until it strikes the reserve line, thence with said line for quantity to include within the bounds one section of land; also, one other section of land, west and adjoining the half section granted to Francis Godfroy on the ten mile reserve.

To John B. Richardville, principal chief of the Miami tribe, one section of land on the five mile reserve, opposite the mouth of the Mississineway river, to include the improvement made by Joseph Richardville, deceased; also, one quarter section of land on the Wabash river, at the upper part of the five mile reserve; also, two sections of land on the big reserve, commencing on the Wabash river, opposite the mouth of Eel river, running up said river two miles, thence back for quantity so as to include within the bounds two sections of land.

To Mac-keh-teh-maug-guaw, or Black Loon, one section of land to be located on the Wabash river, at the upper line of that part of the big reserve ceded by the first article of this treaty.

To Chin-gua-qua, or Duck, one section of land to be located on said Wabash river, below and adjoining the one granted to Black Loon.

To O-san-dear, one section of land back and adjoining the one granted to Black Loon.

To Wa-pa-pe-she, one section of land back and adjoining the one granted to Duck.

To Peter Longlois one half section of land to be located at a point 466 on Wildcat where the old trace from Mississine way to Thorntown crosses the same.

To the sons of Dupee, one half section of land to be located on the reserve at Racoon village, to be located under the direction of the President of the United States.

To Peter Guier one half section of land, to be located back of the one granted to Wa-pa-pe-she.

To Waw-pee-mung-quah, one section of land on the ten mile reserve adjoining the one to Chappene.

To Ca-ta-ke-mon-gua, daughter of Godfroy and Angelique, one section of land to be located adjoining the one to Wau-pee-mung-guah.

To Rebecca Hackley, one quarter section of land, to be located under the direction of the President of the United States.

And whereas the assent of the Chiefs and Warriors of the said tribe of Indians, required by the aforesaid resolution of the Senate, has been given to the said amendment; which assent is as follows, viz:

Nov. 10, 1837.

Assent of the Indiana.

We the chiefs and warriors of the Miami nation of Indians, residing in the State of Indiana, having assembled in general council and having seen and duly examined each and all of the amendments, made by the Senate in the treaty negotiated between said nation and Gen. William Marshall commissioner on the part of the United States, on the 23d of October, 1834, and the same having been fully and clearly explained to us, do hereby give our assent to each and all of them, in compliance with the requisition of the resolution of the Senate of the twelfth of October, 1837, advising and consenting to the ratification of said treaty.

In testimony whereof we have hereunto affixed our signatures this tenth day of November, A. D. 1837.

Me-shin-go-mask-a,

Wa-pa-pen-shaw,

Ne-con-saw,

Little Charley,

Chen-qua-quah,

Pe-wa-pe-ah,

O-san-dear,

Shappeen,

Kcel-awa,

Wa-pe-shin-quah,

Ne-ah-lin-quah,

Co-wy-sey,

To-pe-ah,

Ma-qua-co-nah,

Me-ca-to-mun-quah,

Wa-pe-mun-quah,

Wa-we-esse,

Flat Belly,

Ne-con-sau,

Ca-tah-ke-mun-quah,

Ma-gure-ca,

Che-cho-wah,

Ne-con-saw,

Ma-con-saw,

Little Maquri-ca,

Shappen-do-ce-ah,

Ne-pa-wa,

Pin-daw-lin-shau,

Men-na-tuo,

Poqua,

Min-se-quah.

In presence of A. C. Pepper, Indian Agent. Allen Hamilton. F. Comparet, Interpreter. Lucien P. Ferny.

To the Indian names are subjoined marks.

Dec. 4, 1834 Treaty 7 Stat. 467 ARTICLES OF A TREATY,

Dec. 4, 1834.

Proclamation, March 16, 1835.

Made and concluded at a camp, on Lake Max-ee-nie-kue-kee, in the State of Indiana, between William Marshall, Commissioner on the part of the United States, and Com-o-za, a Chief of the Potawattimie tribe of Indians and his band, on the fourth day of December, in the year eighteen hundred and thirty-four.

Art. 1. The

Cession to the United States.

Ante, p. 399.

above named chief and his band hereby cede to the United States, the two sections of land reserved for them by the 2d article of the treaty between the United States and the Pottawattimie Indians on Tippecanoe river on the 26th day of October, in the year eighteen hundred and thirty-two.

Art. 2. The

Possession to be given within three years.

above named chief and his band agree to yield peaceable possession of said sections within three years from the date of the ratification of said treaty of eighteen hundred and thirty-two.

Art. 3. In

Payment in goods.

consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band the sum of four hundred dollars in goods at the signing of this treaty, and an annuity of four hundred dollars for one year, the receipt of which former sum of (four hundred dollars in goods) is hereby acknowledged.

Art. 4. This

Treaty binding when ratified.

treaty shall be binding upon both parties, from the date of its ratification by the President and Senate of the United States.

In testimony whereof the said William Marshall, Commissioner, on the part of the United States, and the abovenamed chief and head men for themselves and their band have hereunto subscribed their names, the day and year above written.

WILLIAM MARSHALL.

Com-o-za,

Ah-ke-pah-am-sa,

Nee-so-aw-quet,

Paw-pee.

Witnesses, J. B. Duret, Sect’y to Commission. Cyrus Taber. Joseph Barron Interpreter.

To the Indian names are subjoined mark.

1834-12-10 Treaty 7 Stat. 467 ARTICLES OF A TREATY

Dec. 10, 1834.

Proclamation, March 16, 1835.

Made and concluded at a camp on Tippecanoe river, in the State of Indiana, between William Marshall, Commissioner on the part of the United States and Muck Rose, a Chief of the Potawattamie tribe of Indians, and his band, on the tenth day of December, in the year eighteen hundred and thirty-four.

Art. 1. The

Lands ceded to U S.

Ante, p. 399.

above named chief and his band hereby cede to the United States, six sections of land reserved for them by the second article of the treaty between the United States and the Pottawattamie Indians on Tippecanoe river, on the twenty-sixth day of October, in the year, eighteen hundred and thirty-two.

467 468 TREATY WITH THE POTTAWATIMIES. 1834.

Art. 2. The

Possession to be given within three years.

above named chief and his band agree to yield peaceable possession of the said sections of land to the United States within three years from the date of the ratification of said treaty of eighteen hundred and thirty-two.

Art. 3. In

Consideration therefor.

consideration of the cession aforesaid the United States stipulate to pay to the above named chief and his band, four hundred dollars in goods at the signing of this treaty, and an annuity of one thousand dollars for two years, the receipt of which former sum of (four hundred dollars in goods) is hereby acknowledged.

Art. 4. This

Treaty binding when ratified.

treaty shall be binding upon both parties from the date of its ratification by the President and Senate of the United States.

In testimony whereof the said William Marshall, Commissioner on the part of the United States, and the above named Chief and his band, have hereunto subscribed their names the day and year above written.

WILLIAM MARSHALL.

Muck-kose,

Paw-tisse,

Sis-see-yaw,

Wau-pish-shaw,

Koo-tah-waun-nay.

Witnesses—J. B. Duret, Secretary. Cyrus Taber. Henry Osseni, Int. J. B. Boure, Int. John B. Intrais. Joseph Barron, Principal interpreter. Jesse Vermilya.

To the Indian names are subjoined a mark.

1834-12-16 Treaty 7 Stat. 468 ARTICLES OF A TREATY,

Dec. 16, 1834.

Proclamation, March 16, 1835.

Made and concluded at the Potawattimie mills, in the Stale of Indiana, on the sixteenth day of December, in the year of our Lord one thousand eight hundred and thirty-four, between William Marshall Commissioner on the part of the United States and the Chiefs, head men, and warriors of the Potawattamis Indians.

Article 1st. The

Land ceded to the U. S.

chiefs, head men and warriors aforesaid agree to cede to the United States their title and interest to a reservation

Ante, p. 399.

made to them at the treaty on the Tippecanoe river on the 27th day of October 1832 of two sections of land to include their mills on said river.

Art. 2nd. In

Consideration therefor.

consideration of the cession aforesaid the United States agree to pay the Potawattimie Indians, at the payment of their annuities in 1835, the sum of seven hundred dollars in cash, and pay their just debts agreeably to a schedule hereunto annexed, amounting to nine hundred dollars.

Art. 3. The

Miller to be discontinued.

miller provided for by the 3rd article of the treaty with the Potawattimie tribe of Indians on the sixteenth day of October, in the year eighteen hundred and twenty-six, is not to be supported by the United States, and to cease from and after the signing of this treaty.

Art. 4. This

Treaty binding when ratified.

treaty shall be binding upon both parties, from the date of its ratification by the President and Senate of the United States.

TREATY WITH THE POTTAWATIMIES. 1834. 469

In testimony whereof, the said William Marshall, Commissioner on the part of the United States, and the chiefs, head men, and warriors of the Potawattimies tribe of Indians have hereunto subscribed their names, the day and year above written.

WILLIAM MARSHALL.

Ash-kum,

Ku-waw-nay,

Pash-po-ho,

Che-quawm-a-kaw-ko,

Nas-waw-kay,

Quaush-quaw,

Me-no-quet,

Kin-koash,

No-law-kah,

Me-no-mi-nee,

Mas-kah-tah-mo-ah,

Pee-pis-kah,

Pam-bo-go,

Kaw-kawk-kay,

Wi-aw-koos-say,

Te-kam-a-say,

Sea-Coas,

Waw-paw-kue,

Mi-shaw-bo,

Te-quaw-kit,

Waw-pe-no-quah,

We-wus-sah,

O-kah-maul,

I-you-way,

Mat-chis-saw.

Witnesses—J. B. Duret, Secretary. Cyrus Taber. J. B. Boure, Interpreter. Joseph Barron, Principal Interpreter.

To the Indian names are subjoined mark.

It is agreed that the United States will satisfy the claims mentioned in the following schedule as provided for in the second article of the foregoing treaty.—viz:

To J. B. Duret, four hundred dollars.

To Cyrus Taber, one hundred dollars.

To Ewing Walker & Co., three hundred dollars.

To Cyrus Vigus, one hundred dollars.

1834-12-17 Treaty 7 Stat. 469 ARTICLES OF A TREATY

Dec. 17, 1834.

Proclamation, March 16, 1835.

Made and concluded at the Indian Agency, Logansport, Indiana, between William Marshall, Commissioner on the part of the United States and Mota, a chief of the Potawattimie tribe of Indians, and his band on the 17th day of December, in the year eighteen hundred and thirty-four.

Art. 1. The

Land coded to the U. S.

above-named Chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the Potawattimie

Ante, p. 399.

Indians on the twenty-seventh day of October in the year eighteen hundred and thirty-two.

Art. 2. The

Possession to be given within three years.

above named chief and head men and their band, do hereby agree to yield peaceable possession of said sections, and to remove, with their families, to a country provided for them by the United States, west of the Mississippi river, within three years or Jess from the date of the ratification of said treaty of eighteen hundred and thirty-two.

Art. 3. The

Consideration therefor.

United States, in consideration of the cession, made in the first article of this treaty, do hereby stipulate to remove the above named chief and headmen and their bands to the new country provided470TREATY WITH THE CADDOES. 1835. for them, and to furnish them either goods, farming utensils or other articles necessary for them, agreeably to the provisions of the fifth article of the treaty of October twenty-sixth, eighteen hundred and thirty-two.

Art. 4. The

$680 to be paid in goods.

United States further stipulate to pay to the above named chief, and head men and their bands, the sum of six hundred and eighty dollars in goods, at the signing of this treaty, and the further sum of six hundred dollars in cash at the payment of their annuities in 1835, the receipt of which former sum of (six hundred and eighty dollars in goods) is hereby acknowledged.

Art. 5. This

Treaty binding when ratified.

treaty shall be binding upon both parties, from the date of its ratification by the Senate of the United States.

In testimony whereof the said William Marshall, Commissioner on the part of the United States, and the above named chief and head men, for themselves and their bands, have hereunto subscribed their names, the day and year above written.

WILLIAM MARSHALL.

Mo-ta,

Ta-puck-koo-nee-nee,

Shah-yauc-koo-pay,

To-tauk-gaus,

Poke-kee-to,

Waua-no-guen,

Ship-pe-she-waw-no,

Mtaw-mah,

Ship-pe-shick-quah,

Aw-sho-kish-ko-quah,

Pash-kum-ma-ko-quah,

Me-naun-quah,

Pee-nas-quah,

Mee-shah-ke-to-quah,

Waw-pe-shah-me-to-quah,

Mat-che-ke-no-quah,

Wau-waus-sa-mo-quah,

Saw-moke-quaw.

Witnesses—J. B. Duret, Seely, to Conor. Jesse Vermilya. Joseph Barron, Interpreter.

To the Indian names are subjoined mark.

1835-07-01 Treaty 7 Stat. 470 ARTICLES OF A TREATY

July 1, 1835.

Proclamation, Feb. 2, 1836.

Made at the Agency-house in the Caddo nation and State of Louisiana, on the first day of July in the year of our Lord, one thousand eight hundred and thirty-five, between Jehiel Brooks, Commissioner on the part of the United States, and the Chiefs, head men, and Warriors of the Caddo nation of Indians.

Article I. The

Lands ceded to the U. S.

chiefs, head men, and warriors of the said nation agree to cede and relinquish to the United States all their land contained in the following boundaries: to wit—

Bounded

Boundaries.

on the west by the. north and south line which separates the said United States from the Republic of Mexico between the Sabine and Red rivers wheresoever the same shall be defined and acknowledged to be by the two governments. On the north and east by the Red river from the point where the said north and south boundary line shall intersect the Red river whether it be in the Territory of Arkansas or the State of Louisiana, following the meanders of the said river down to its junction with the Pascagoula bayou. On the south by the said Pascagoula bayou to its junction with the Bayou Pierre, by said bayou to its junction with Bayou Wallace, by said bayou and Lake Wallace toTREATY WITH THE CADDOES. 1835.471 the mouth of the Cypress bayou thence up said bayou to the point of its intersection with the first mentioned north and south line following the meanders of the said water-courses: but if the said Cypress Bayou be not clearly definable so far then from a point which shall be definable by a line due west till it intersect the said first mentioned north and south boundary line, be the content of land within said boundaries more or less.

Article II. The

Indians to remove within one year.

said chiefs head men and warriors of the said nation do voluntarily relinquish their possession to the territory of land aforesaid and promise to remove at their own expense out of the boundaries of the United States and the territories belonging and appertaining thereto within the period of one year from and after the signing of this treaty and never more return to live settle or establish themselves as a nation tribe or community of people within the same.

Article III. In

Money, &c. to be paid for cession.

consideration of the aforesaid cession relinquishment and removal it is agreed that the said United States shall pay to the said nation of Caddo Indians the sums in goods, horses, and money hereinafter mentioned, to wit—

Thirty thousand dollars to be paid in goods, and horses, as agreed upon to be delivered on the signing of this treaty.

Ten thousand dollars in money to be paid within one year from the first day of September next.

Ten thousand dollars, per annum in money for the four years next following so as to make the whole sum paid and payable eighty thousand dollars.

Article IV. It

An agent of the nation to be appointed by them.

is further agreed that the said Caddo nation of Indians shall have authority to appoint an agent or attorney in fact, resident within the United States for the purpose of receiving for them from the said United States al] of the annuities stated in this treaty as the same shall become due to be paid to their said agent or attorney in fact at such place or places within the said United States as shall be agreed on between him and the proper Officer of the Government of the United States.

Article V. This

Treaty binding when ratified.

treaty, after the same shall have been ratified and confirmed by the President and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof the said Jehiel Brooks, commissioner as aforesaid and the chiefs head men and warriors of the said nation of Indians, have hereunto set their hands and affixed their seals at the place and on the day and year above written.

J. BROOKS.

Tarshar,

Tsauninot,

Saliowohown,

Tennebinun,

Oat,

Tinnowin,

Chowabah,

Kianhoon,

Tiatesun,

Tehowawinow,

Tewinnun,

Kardy,

Tiohtow,

Tehowahinno,

Tooeksoach,

Tehowainia,

Sauninow,

Saunivoat,

Highahidock,

Mattan,

Towabinneh,

Aach,

Sookiantow,

Sohone,

Ossinse.

In presence of T. J. Harrison, Capt. 3d reg’t inf. com’g detachment. J. Bonnell 1st Lieut. 3d reg’t U. S. Infy. G. P. Frile, Bvt. 2d Lient. 3d reg’t U. S. infantrv.472TREATY WITH THE CADDOES. 1835. D. M. Heard, M. D. act. assis. Surgn. U. S. A. Isaac C. Williamson. Henry Queen. John W Edwards, Interpreter.

To the Indian named are subjoined a mark and seal.

1835-07-03 Treaty 7 Stat. 472

Agreeably

July 3, 1835.

to the stipulations in the third article of the treaty there have been purchased at the request of the Caddo Indians, and delivered to them, goods and horses to the amount of thirty thousand dollars.

As evidence of the purchase and delivery as aforesaid, under the direction of the commissioner and that the whole of the same have been received by the said Indians the said commissioner, Jehiel Brooks, and the undersigned chiefs and head men of the whole Caddo nation of Indians, have hereunto set their hands, and affixed their seals the third day of July in the year of our Lord one thousand eight hundred and thirty-five.

J. BROOKS.

Tarshar,

Tsauninot,

Saliowohown,

Tennebinun,

Oat,

Ossinse,

Tiohtow,

Chowawanow,

In presence of Larkin Edwards. Henry Queen. John W. Edwards, Interpreter. James Finnerty.

To the Indian names are subjoined a mark and seal.

1835-07-01 supplement 7 Stat. 472 ARTICLES SUPPLEMENTARY

July 1, 1835.

To the treaty made at the agency house in the Caddo nation and State of Louisiana on the first day of July, one thousand eight hundred and thirty-five between Jehiel Brooks Commissioner art the part of the United States, and the Chie fs head men and Warriors of the Caddo nation of Indians concluded, at the same place, and on the same day between the said Commissioner on the part of the United States and the Chiefs Head men and Warriors of the said nation of Indians, to wit—

Whereas

Preamble.

the said nation of Indians did in the year one thousand eight hundred and one, give to one Francois Grappe and to his three sons then born and still living, named Jacques, Dominique and Beithazar, for reasons stated at the time and repeated in a memorial which the said nation addressed to the President of the United States in the month of January last, one league of land to each, in accordance with the Spanish custom of granting land to individuals. That the chiefs and head men, with the knowledge and approbation of the whole Caddo people did go with the said François Grappe, accompanied by a number of white men, who were invited by the said chiefs and head men to be present as witnesses, before the Spanish authority at Natchitoches, and then and there did declare their wishes touching the said donation of land to the said Grappe and his three sons, and did request the same to be written out in form and ratified and confirmed by the proper authorities agreeably to law. And whereas Larkin Edwards has resided for many years to the present time in the Caddo Nation—was a long time their true and faithful interpreter, and though poor he has never sent the Red man away from his door hungry. He is now old and unable to support himself by manual labor, and since his employment as their interpreter has ceased possesses no adequate means by which to live; Now therefore— TREATY WITH THE CADDOES. 1835.473

Article I. It is

Grant by Indians to F. Grappe, confirmed.

agreed that the legal representatives of the said François Grappe deceased and his three sons Jacques, Dominique, and Belthazar Grappe, shall have their right to the said four leagues of land reserved to them and their heirs and assigns for ever. The said land to be taken out of the lands ceded to the United States by the said Caddo Nation of Indians as expressed in the treaty to which this article is supplementary. And the said four leagues of land shall be laid off in one body in the southeast corner of their lands ceded as aforesaid, and bounded by the Red river four leagues and by the Pascagoula bayou one league, running back for quantity from each, so as to contain four square leagues of land, in conformity with the boundaries established and expressed in the original Deed of Gift made by the said Caddo nation of Indians to the said François Grappe and his three sons Jacques, Dominique, and Belthazar Grappe.

Article II. And it

Reservation for Larkin Edwards.

is further agreed that there shall be reserved to Larkin Edwards his heirs and assigns for ever one section of land to be selected out of the lands ceded to the United States by the said nation of Indians as expressed in the treaty to which this article is supplementary in any part thereof not otherwise appropriated by the provisions contained in these supplementary articles.

Article III. These

Articles binding when ratified.

supplementary articles, or either of them, after the same shall have been ratified and confirmed by the President and Senate of the United States, shall be binding on the contracting parties, otherwise to be void and of no effect upon the validity of the original treaty to which they are supplementary.

In testimony whereof the said Jehiel Brooks Commissioner as aforesaid and the Chiefs Head men and Warriors of the said nation of Indians have hereunto set their hands and affixed their seals at the place and on the day and year above written.

J. BROOKS.

Tarshar,

Tsanninot,

Satiownhown,

Tinnehinan,

Oat,

Titinowin,

Chowabab,

Kianhoon,

Tiatesun,

Tehowawinow,

Tewinnun,

Kardy,

Tiohtow,

Tehawahinno,

Toackooch,

Tchowainin,

Sanninow,

Sauninot,

Hiahidock,

Mattan,

Towahinnek,

Asch,

Soakiantow,

Sohone,

Ossinse.

In presence of T. J. Harrison, Capt. 3d reg’t com’g detch’t. J. Bonnell, 1st Lieut. 3d reg’t. U. S. infy. G. P. Frile, Bv’t. 2d Lieut. 3d reg. U. S. inf. D. M. Heard, M. D. Act. ast. Surgn. U. S. A, Isaac C. Williamson. Henry Queen. John W. Edwards, Interpreter.

To the Indian names are subjoined a mark and seal.

1835-08-24 Treaty 7 Stat. 474 TREATY

Aug. 24, 1835.

Proclamation, May 19, 1836.

With the Comanche and Witchetaw Indians and their associated Bands.

For the purpose of establishing and perpetuating peace and friendship between the United States of America and the Comanche and Witchetaw nations, and their associated bands or tribes of Indians, and between these nations or tribes, and the Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians, the President of the United States has, to accomplish this desirable object, and to aid therein, appointed Governor M. Stokes, M. Arbuckle Brigdi. Genl. United States army, and F. W. Armstrong, Actg. Supdt. Western Territory, commissioners on the part of the United States: and the said Governor M. Stokes and M. Arbuckle, Brigdi. Genl. United States army, with the chiefs and representatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw nations or tribes of Indians, have met the chiefs, warriors, and representatives of the tribes first above named at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, and after full deliberation, the said nations or tribes have agreed with the United States, and with one another upon the following articles:

Article 1. There

Peace and friendship.

shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the Comanche and Witchetaw nations and their associated bands or tribes of Indians, and between these nations or tribes and the Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians.

Article 2. Every

Injuries, &c. forgiven.

injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and forever forgot.

Article 3. There

Free passage through the Indian country.

shall be a free and friendly intercourse between all the contracting parties hereto, and it is distinctly understood and agreed by the Comanche and Witchetaw nations and their associated bands or tribes of Indians, that the citizens of the United States are freely permitted to pass and repass through their settlements or hunting ground without molestation or injury on their way to any of the provinces of the Republic of Mexico, or returning therefrom, and that each of the nations or tribes named in this article, further agree to pay the full value for any injury their people may do to the goods or property of the citizens of the United States taken or destroyed, when peaceably passing

Indemnity for horses, &c. stolen.

through the country they inhabit, or hunt in, or elsewhere. And the United States hereby guaranty to any Indian or Indians of either of the said Comanche or Witchetaw nations, and their associated bands or tribes of Indians, a full indemnification for any horses or other property which may be stolen from them:

Proviso.

Provided, that the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States, and within the limits thereof.

Article 4. It is

Hunting ground.

understood and agreed by all the nations or tribes of Indians parties to this treaty, that each and all of the said nations or474TREATY WITH THE CADDOES. 1835.475 tribes have free permission to hunt and trap in the Great Prairie west of the Cross Timber, to the western limits of the United States.

Article 5. The

Injuries to goods, &c. to be paid for by Indians.

Comanche and Witchetaw nations and their associated bands or tribes of Indians, severally agree and bind themselves to pay full value for any injury their people may do to the goods or other property of such traders as the President of the United States may place near to their settlements or hunting ground for the purpose of trading with them.

Article 6. The

Other Indians on their grounds not to be molested.

Comanche and Witchetaw nations and their associated bands or tribes of Indians, agree, that in the event any of the red people belonging to the nations or tribes residing south of the Missouri river and west of the State of Missouri, not parties to this treaty, should visit their towns or be found on their hunting ground, that they will treat them with kindness and friendship and do no injury to them in any way whatever.

Article 7. Should

Peace to be preserved.

any difficulty hereafter unfortunately arise between any of the nations or tribes of Indians parties hereunto, in consequence of murder, the stealing of horses, cattle, or other cause, it is agreed that the other tribes shall interpose their good offices to remove such difficulties, and also that the Government of the United States may take such measures as they may deem proper to effect the same object, and see that full justice is done to the injured party.

Article 8. It is

Presents to be given to the Indians.

agreed by the commissioners of the United States, that in consequence of the Comanche and Witchetaw nations and their associated bands or tribes of Indians having freely and willingly entered into this treaty, and it being the first they have made with the United States or any of the contracting parties, that they shall receive presents immediately after signing, as a donation from the United States; nothing being asked from these nations or tribes in return, except to remain at peace with the parties hereto, which their own good and that of their posterity require.

Article 9. The

Relations with Mexico.

Comanche and Witchetaw nations and their associated bands or tribes, of Indians, agree, that their entering into this treaty shall in no respect interrupt their friendly relations with the Republic of Mexico, where they all frequently hunt and the Comanche nation principally inhabit; and it is distinctly understood that the Government of the United States desire that perfect peace shall exist between the nations or tribes named in .this article and the said republic.

Article 10. This

Obligatory when ratified.

treaty shall be obligatory on the nations or tribes parties hereto from and after the date hereof, and on the United States from and after its ratification by the Government thereof.

Done and signed and sealed at Camp Holmes on the eastern border of the Grand Prairie near the Canadian river in the Muscogee nation, this twenty-fourth day of August, one thousand eight hundred and thirty-five, and of the independence of the United States the sixtieth.

MONTFORT STOKES, M. ARBUCKLE, Brigr. Genl. U. S. Army.

Comanches.

Ishacoly, or the wolf.

Qeenashana, or the war eagle.

Tabaqeena, or the big eagle.

Pohowetowshah, or the brass man.

Shabbakasha, or the raving wolf,

Neraquassi, or the yellow horse.

Toshapappy, or the white hare.

Pahohsareya, or the broken arm.

Pahkah, or the man who draws the bow.

476TREATY WITH THE CAMANCHES, ETC. 1835.

Witsitony, or he who sucks quick.

Leahwiddikah, or one who stirs up water.

Esharsotsiki, or the sleeping wolf.

Pahtrisula, or the dog.

Ettah, or the gun.

Tennowikah, or the boy who was soon a man.

Kumaquoi, or the woman who cuts buffalo meat.

Taqquanno, or the amorous man.

Kowa, or the stinking tobacco box.

Soko, or the old man.

Witchetaws.

Kanostowah, or the man who dont speak.

Kosharokah, or the man who marries his wife twice.

Terrykatowatix, or the riding chief.

Tahdaydy, or the traveller.

Hahkahpillush, or the drummer.

Lachkah, or the first man in four battles.

Learhehash, the man who weans children too soon.

Lachhardich, the man who sees things done in the wrong way.

Noccuttardaditch, the man who tries to excel the head chief.

Katardedwadick, or the man who killed an enemy in the water.

Losshah, or the twin.

Taytsaaytah, or the ambitious adulterer.

Tokaytah, or the summer.

Musshakratsatady, or the man with the dog-skin cap.

Kipsh, or the man with one side of his head shaved.

Cherokees.

Dutch.

David Melton.

Muscogees.

Roley McIntosh.

Chily McIntosh.

Cho-co-te-tuston-nogu, or Marshal of the

Cho-co-te clan.

Tus-ca-ne-ha, or the marshal.

Tulsy Harjoe, or Crazy town.

Alexander Lasley.

Neha Harjoe, or Crazy marshal.

Tustunucke Harjoe, or Crazy warrior.

Powes Emarlo, or Marshal of Powes clan.

Cosa Yehola, or Marshal of Cosa clan.

Powes Yehola, or Marshal of Powes clan.

Toma Yehola, or Marshal of Toma clan.

Cosado Harjoe, or Crazy Cosada.

Neha Harjoe, or Crazy marshal.

Cosada Tustonnogee, or the Cosada warrior.

Octiyachee Yehola, or Marshal of Octiyachee clan.

Nulthcup Tustonnogee, or the middle warrior.

Ufala Harjoe, or Crazy Ufala.

Cholafixico, or a fox without a heart.

Joseph Miller.

Samuel Brown.

Archi Kennard

Towannay, or the slender man.

Saccasumky, or to be praised.

Siah Hardridge.

Warrior Hardridge.

George Stedham.

Itchhas Harjoe, or Crazy beaver.

Itchofake Harjoe, or Crazy deer’s heart.

Satockhaky, or the broad side.

Semehechee, or Hide it away.

Hoyane, or Passed by.

Melola, or Waving.

Mateter, or the man who missed. it.

Billy.

Tuskia Harjoe, or Crazy brave.

Aussy, or the pursuer.

Tohoithla, or Standing upon.

John Hambly.

K. Lewis.

John Wynn.

David McKillap.

Choctaws.

Musha-la-tubbee, or the man killer.

Na-tuck-a-chee, or Fair day.

Par-chee-ste-cubbee, or the scalp-holder.

To-pi-a-chee-hubbee, or the painted face.

Ya-cha-a-ho-poy, or the leader of the warriors.

Tus-qui-hola-tah, or the travelling warrior.

Tic-eban-jo-hubbee, or the first for war.

Nucke Stubbee, or the bullet that has killed.

Toqua, or What you say.

Po-sha-ma-stubbee, or the killer.

Nuck-ho-ma-harjoe, or the bloody bullet.

Thomas Mickie.

Halam-be-sha, or the bat.

Ok-chia, or Life.

Tus-ca-homa-madia, or the red warrior.

Tun-up-me-a-homa, or the red man who has gone to war.

Par-homa, or the red hoop.

No-wah-ba, or the man who kills the enemy when he meets him.

Hisho-he-meta, or a young waiter.

Cho-ma-la-tubbee, or the man who is sure his enemy is dead.

Hokla-no-ma, or the traveller in the town.

William.

Measho Nubbee, or he who knows where the enemy was killed.

Jim.

Eu-eck-Harma, or the man who is never tired.

Nat-la Homa, or the bloody man.

Pia-o-sta, or to whoop four times.

Pa-sha-oa-cubbee, or the man who puts his foot on the scalp.

La-po-na, or the man who killed the enemy.

A-mo-na-tubbee, or lying in wait to kill.

A-fa-ma-tubbee, or the man who kills every thing he meets.

Osages.

Tah-ha-la, or the leaping deer.

Shone-ta-sah-ba, or the black dog.

TREATY WITH THE CAMANCHES, ETC. 1835.477

Wah-shin-pee-sha, or the wicked man.

Tun-wan-le-he, or the town mover.

Whoa-har-tee, or the war eagle.

Me-tah-ne-gah, or the crazy robe. .

Wah-she-sho-hee, or the smart spirit.

Ah-ke-tah, or the soldier.

Weir-sah-bah-sha, or the hidden black.

Ne-ko-jah, or the man hunter.

Hor-tea-go, or like night.

Wah-hah-tah-nee, or the fast runner.

Wah-nah-shee, or the taker away.

Ces-sah-ba, or the man in black.

Es-kah-mar-ne, or the white horn.

Kou-sah-she-Ia, or walking together.

Tcha-to-kah, or the buffalo.

O-ke-sah, or the man aside.

Wah-she-wah-ra, or the stopper.

Wah-ho-ba-shungee, or the idolater.

Tone-ba-wah-tcha-la, or hard to look at the sun rising.

Shoe-chem-mo-nee, or the elk whistler.

Wash-kah-cha, or the tumbler.

Wah-ha, or the Pawnee chief’s name-sake.

Wah-kee-bah-nah, or the hard runner.

War-tcha-sheen-gah, or the scalp-carrier.

O-shaun-ga-tun-ga, or the big path.

Wah-hee-no-pee, or the bone necklace.

Lee-sap-kah-pee, or the man who missed his enemy.

Wah-to-ke-kah, or raw meat.

Wah-wah-shee, or quick runner.

Kah-he-ka-sara, or chief killer.

O-lash-tah-ba, or plate-licker.

Mah-ne-nah-shee, or the walker.

ShaUn-ga-mo-nee, or the fall chief.

Tee-sha-wah-ra, or dry grass.

Ne-kah-wah-shee-tun-gah, or the brave spirit.

Senecas.

Thomas Brant.

Small Grout Spicer.

Isaac.

Mingo Carpenter.

John Sky.

Henry Smith.

Little Town Spicer.

Young Henry.

Peter Pork.

William Johnston.

Big Bone.

Big Isaac.

Civil Jack.

Ya-ga-ha, or the water in the apple.

Cau-ya-que-neh, or the snow drift.

Ya-ta-ato, or the little lake.

Douglass.

George Herring.

Quapaws.

Hi-ka-toa, or the dry man.

Wa-ga-de-tone, or the maggot.

Wa-to-va, or the spider.

Ca-ta-hah, or the tortoise.

Ma-towa-wah-cota, or the dug out.

Wa-go-dah-hou-kah, or the plume.

Ma-com-pa, or the doctor of the nose.

Cas-sa, or the black tortoise.

Haw-tez-chee-ka, or the little cedar.

Ma-sa-goda-toah, or the hawk.

Wa-ka-toa-nosa, or the standing man.

Motosa, or the black bear.

Mor-bre-tone, or the little hawk.

Mor-to-ho-ga, or the white bear.

To-se-ca-da, or he who shows his track.

Tah-tah-ho-sa, or the wind.

Hi-da-khe-da-sa, or the panther eagle.

O-tene-cah-chee-ka, or he who struck the enemy.

Me-ki-wah-kotah, or the star.

Ka-ti-mo-ne, or clear weather.

Vet-he-ka-ne, or thunder.

Ne-to-sa-mo-ne, or the black freshet.

In presence of R. B. Mason, Major of Dragoons. G. Birch, Major U. S. Army. Francis Lee, Captain 7lh Infantry. Samuel G. I. D. Camp, Surgeon. W. Seaweil, Lieut, and Aid-de-Camp; Sec’y to the Comm’rs. Thomas B. Ballard. Augustine A. Chouteau. John Hambly, U. S. Interpreter to the Creeks. George Herron. Leonard C. McPhail, Ass’t Surgeon U. S. Army. Robert M. French.

To the Indian names are subjoined marks

1835-12-29 Treaty 7 Stat. 478 ARTICLES OF A TREATY,

Dec. 29, 1835.

Proclamation, May 23, 1836.

Concluded at New Echota in the State of Georgia on the 29th day of Deer. 1835 by General William Carroll and John F. Schermerhorn commissioners on the part of the United States and the Chiefs Head Men and People of the Cherokee tribe of Indians.

Whereas

Preamble.

the Cherokees are anxious to make some arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjusted; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State sovereignties, and where they can establish and enjoy a government of their choice and perpetuate such a state of society as may be most consonant with their views,habits and condition; and as may tend to their individual comfort and their advancement in civilization. And whereas a delegation of the Cherokee nation composed of Messrs. John Ross Richard Taylor Dani. McCoy Samuel Gunter and William Rogers with full power and authority to conclude a treaty with the United States did on the 28th day of February 1835 stipulate and agree with the Government of the United States to submit to the Senate to fix the amount which should be allowed the Cherokees for their claims and for a cession of their lands east of the Mississippi river, and did agree to abide by the award of the Senate of the United States themselves and to recommend the same to their people for their final determination. And whereas on such submission the Senate advised “that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river.” And whereas this delegation after said award of the Senate had been made, were called upon to submit propositions as to its disposition to be arranged in a treaty which they refused to do, but insisted that the same “should be referred to their nation and there in general council to deliberate and determine on the subject in order to ensure harmony and good feeling among themselves.” And whereas a certain other delegation composed of John Ridge Elias Boudinot Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who represented that portion of the nation in favor of emigration to the Cherokee country west of the Mississippi entered . into propositions for a treaty with John F. Schermerhorn commissioner on the part of the United States which were to be submitted to their nation for their final action and determination: And whereas the Cherokee people, at their last October council at Red Clay, fully authorized and empowered a delegation or committee of twenty persons of their nation to enter into and conclude a treaty with the United States commissioner then present, at that place or elsewhere and as the people had good reason to believe that a treaty would then and there be made or at a subsequent council at New Echota which the commissioners it was well known and understood, were authorized478TREATY WITH THE CHEROKEES. 1835.479 and instructed to convene for said purpose; and since the said delegation have gone on to Washington city, with a view to close negotiations there, as stated by them notwithstanding they were officially informed by the United States commissioner that they would not be received by the President of the United States; and that the Government would transact no business of this nature with them, and that if a treaty was made it must be done here in the nation, where the delegation at Washington last winter urged that it should be done for the purpose of promoting peace and harmony among the people; and since these facts have also been corroborated to us by a communication recently received by the commissioner from the Government of the United States and read and explained to the people in open council and therefore believing said delegation can effect nothing and since our difficulties are daily increasing and our situation is rendered more and more precarious uncertain and insecure in consequence of the legislation of the States; and seeing no effectual way of relief, but in accepting the liberal overtures of the United States. And whereas Genl William Carroll and John F. Schermerhorn were appointed commissioners on the part of the United States, with full power and authority to conclude a treaty with the Cherokees east and were directed by the President to convene the people of the nation in general council at New Echota and to submit said propositions to them with power and authority to vary the same so as to meet the views of the Cherokees in reference to its details. And whereas the said commissioners did appoint and notify a general council of the nation to convene at New Echota on the 21st day of December 1835; and informed them that the commissioners would be prepared to make a treaty with the Cherokee people who should assemble there and those who did not come they should conclude gave their assent and sanction to whatever should be transacted at this council and the people having met in council according to said notice. Therefore the following articles of a treaty are agreed upon and concluded between William Carroll and John F. Schermerhorn commissioners on the part of the United States and the chiefs and head men and people of the Cherokee nation in general council assembled this 29th day of Decr 1835.

Article 1. The

Cherokees relinquish io U.S. all their lands east of die Mississippi.

Cherokee nation hereby cede relinquish and convey to the United States all the lands owned claimed or possessed by them east of the Mississippi river, and hereby release all their claims upon the United States for spoliations of every kind for and in consideration of the sum of five millions of dollars to be expended paid and invested in the manner stipulated and agreed upon in the following articles But as a question has arisen between the commissioners and the Cherokees whether the Senate in their resolution by which they advised “that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river” have included and made any allowance or consideration for claims for spoliations it is therefore agreed on the part of the United States that this question shall be again submitted to the Senate for their consideration and decision and if no allowance was made for spoiliations that then an additional sum of three hundred thousand dollars be allowed for the same.

Article 2. Whereas

Treaty of May 1828, and Feb. 1833, referred to.

Ante, p. 311 & 414.

by the treaty of May 6th 1828 and the supplementary treaty thereto of Feb. 14th 1833 with the Cherokees west of the Mississippi the United States guarantied and secured to be conveyed by patent, to the Cherokee nation of Indians the following tract of country “Beginning at a point on the old western territorial line of Arkansas Territory being twenty-five miles north from the point where480TREATY WITH THE CHEROKEES. 1835. the territorial line crosses Arkansas river, thence running from said north point south on the said territorial line where the said territorial line crosses Verdigris river; thence down said Verdigris river to the Arkansas river; thence down said Arkansas to a point where a stone is placed opposite the east or lower bank of Grand river at its junction with the Arkansas; thence running south forty-four degrees west one mile; thence in a straight line to a point four miles northerly, from the mouth of the north fork of the Canadian; thence along the said four mile line to the Canadian; thence down the Canadian to the Arkansas; .thence down the Arkansas to that point on the Arkansas where the eastern Choctaw boundary strikes said river and running thence with the western line of Arkansas Territory as now defined, to the southwest corner of Missouri; thence along the western Missouri line to the land assigned the Senecas; thence on the south line of the Senecas to Grand river; thence up said Grand river ns far as the south line of the Osage reservation, extended if necessary; thence up and between said south Osage line extended west if necessary, and a line drawn due west from the point of beginning to a certain distance west, at which a line running north and south from said Osage line to said due west line will make seven millions of acres within the whole described boundaries. In addition to the seven millions of acres of land thus provided for and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west, and a free and unmolested use of all the country west of the western boundary of said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend:

Proviso.

Provided however That if the saline or salt plain on the western prairie shall fall within said limits prescribed for said outlet, the right is reserved to the United States to permit other tribes of red men to get salt on said plain in common with the Cherokees; And letters pattent shall be issued by the United States as soon as practicable for the land hereby guarantied.”

And

Additional land conveyed to the nation, &c.

whereas it is apprehended by the Cherokees that in the above cession there is not contained a sufficient quantity of land for the accommodation of the whole nation on their removal west of the Mississippi the United States in consideration of the sum of five hundred thousand dollars therefore hereby covenant and agree to convey to the said Indians, and their descendants by patent, in fee simple the following additional tract of land situated between the west line of the State of Missouri and the Osage reservation beginning at the southeast corner of the same and runs north along the east line of the Osage lands fifty miles to the northeast corner thereof; and thence east to the west line of the State of Missouri; thence with said line south fifty miles; thence west to the place of beginning; estimated to contain eight hundred thousand acres of land; but it is expressly understood that if any of the lands assigned the Quapaws shall fall within the aforesaid bounds the same shall be reserved and excepted out of the lands above granted and a pro rata reduction shall be made in the price to be allowed to the United States for the same by the Cherokees.

Article 3. The

Further agreement.

United States also agree that the lands above ceded by the treaty of Feb. 14 1833, including the outlet, and those ceded by this treaty shall all be included in one patent executed to the Cherokee nation of Indians by the President of the United States according to the provisions

1830, ch. 148.

of the act of May 28 1830, It is, however, agreed that the military reservation at Fort Gibson shall be held by the United States. But should the United States abandon said post and have no further use for

Right to establish forts, &c.

the same it shall revert to the Cherokee nation. The United States shall always have the right to make and establish such post and militaryTREATY WITH THE CHEROKEES. 1835.481 roads and forts in any part of the Cherokee country, as they may deem proper for the interest and protection of the same and the free use of as much land, timber, fuel and materials of all kinds for the construction and support of the same as may be necessary; provided that if the private rights of individuals are interfered with, a just compensation therefor shall be made.

Article 4. The

Osage titles to reservations to be extinguished.

Ante, p. 240.

United States also stipulate and agree to extinguish for the benefit of the Cherokees the titles to the reservations within their country made in the Osage treaty of 1825 to certain half-breeds and for this purpose they hereby agree to pay to the persons to whom the same belong or have been assigned or to their agents or guardians whenever they shall execute after the ratification of this treaty a satisfactory conveyance for the same, to the United States, the sum of fifteen thousand dollars according to a schedule accompanying this treaty of the relative value of the several reservations.

And

Missionary reservations to be paid for.

whereas by the several treaties between the United States and the Osage Indians the Union and Harmony Missionary reservations which were established for their benefit are now situated within the country ceded by them to the United States; the former being situated in the Cherokee country and the latter in the State of Missouri. It is therefore agreed that the United States shall pay the American Board of Commissioners for Foreign Missions for the improvements on the same what they shall be appraised at by Capt. Geo. Vashon Cherokee subagent Abraham Redfield and A. P. Chouteau or such persons as the President of the United States shall appoint and the money allowed for the same shall be expended in schools among the Osages and improving their condition. It is understood that the United States are to pay the amount allowed for the reservations in this article and not the Cherokees.

Article 5. The

Lands permanently ceded to the nation.

United States hereby covenant and agree that the lands ceded to the Cherokee nation in the foregoing article shall, in no future time without their consent, be included within the territorial limits or jurisdiction of any State or Territory. But they shall secure to the Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them: provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the Indians; and also, that they shall not be considered as extending to such citizens and army of the United States as may travel or reside in the Indian country by permission according to the laws and regulations established by the Government of the same.

Article 6. Perpetual

Peace to be preserved.

peace and friendship shall exist between the citizens of the United States and the Cherokee Indians. The United States agree to protect the Cherokee nation from domestic strife and foreign enemies and against intestine wars between the several tribes. The Cherokees shall endeavor to preserve and maintain the peace of the country and not make war upon their neighbors they shall also be protected against interruption and intrusion from citizens of the United States, who may attempt to settle in the country without their consent; and all such persons shall be removed from the same by order of the President of the United States. But this is not intended to prevent the residence among them of useful farmers mechanics and teachers for the instruction of Indians according to treaty stipulations.

482TREATY WITH THE CHEROKEES. 1835.

Article 7. The

Congress may allow a delegate from the Cherokee nation.

Cherokee nation having already made great progress in civilization and deeming it important that every proper and laudable inducement should be offered to their people to improve their condition as well as to guard and secure in the most effectual manner the rights guarantied to them in this treaty, and with a view to illustrate the liberal and enlarged policy of the Government of the United States towards the Indians in their removal beyond the territorial limits of the States, it is stipulated that they shall be entitled to a delegate iirthe House of Representatives of the United States whenever Congress shall make provision for the same.

Article 8. The

Expense of removal to be paid by U. S.

United States also agree and stipulate to remove the Cherokees to their new homes and to subsist them one year after their arrival there and that a sufficient number of steamboats and baggage-wagons shall be furnished to remove them comfortably, and so as not to endanger their health, and that a physician well supplied with medicines shall accompany each detachment of emigrants removed by the Government. Such persons and families as in the opinion of the emigrating agent are capable of subsisting and removing themselves shall be permitted to do so; and they shall be allowed in full for all claims for the same twenty dollars for each member of their family; and in lieu Of their one year’s rations they shall be paid the sum of thirty-three dollars and thirty-three cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall remove with them in two years west of the Mississippi shall be entitled to allowance for removal and subsistence as above provided.

Article 9. The

Agents to value improvements made by the Cherokees.

United States agree to appoint suitable agents who shall make a just and fair valuation of all such improvements now in the possession of the Cherokees as add any value to the lands; and also of the ferries owned by them, according to their nett income; and such improvements and ferries from which they have been dispossessed in a lawless manner or under any existing laws of the State where the same may be situated.

The just debts of the Indians shall be paid out of any monies due them for their improvements and claims; and they shall also be furnished at the discretion of the President of the United States with a sufficient sum to enable them to obtain the necessary means to remove themselves to their new homes, and the balance of their dues shall be paid them at the Cherokee agency west of the Mississippi. The missionary establishments shall also be valued and appraised in a like manner and the amount of them paid over by the United States to thé treasurers of the respective missionary societies by whom they have been established and improved in order to enable them to erect such buildings and make such improvements among the Cherokees west of the Mississippi as they may deem necessary for their benefit. Such teachers at present among the Cherokees as this council shall select and designate shall be removed west of the Mississippi with the Cherokee nation and on the same terms allowed to them.

Article 10. The

The President to make investments in productive stock.

President of the United States shall invest in some safe and most productive public stocks of the country for the benefit of the whole Cherokee nation who have removed or shall remove to the lands assigned by this treaty to the Cherokee nation west of the Mississippi the following sums as a permanent fund for the purposes hereinafter specified and pay over the nett income of the same annually to such person or persons as shall be authorized or appointed by the Cherokee nation to receive the same and their receipt shall be a full discharge for the amount paid to them viz: the sum of two hundred thousand dollars in addition to the present annuities of the nation toTREATY WITH THE CHEROKEES. 1835.483 constitute a general fund the interest of which shall be applied annually by the council of the nation to such purposes as they may deem best for the general interest of their people. The sum of fifty thousand dollars to constitute an orphans’ fund the annual income of which shall be expended towards the support and education of such orphan children as are destitute of the means of subsistence. The sum of one hundred and fifty thousand dollars in addition to the present school fund of the nation shall constitute a permanent school fund, the interest of which shall be applied annually by the council of the nation for the support of common schools and such a literary institution of a higher order as may be established in the Indian country. And in order to secure as far as possible the true and beneficial application of the orphans’ and school fund the council of the Cherokee nation when required by the President of the United States shall make a report of the application of those funds and he shall at all times have the right if the funds have been misapplied to correct any abuses of them and direct the manner of their application for the purposes for which they were intended. The council of the nation may by giving two years’ notice of their intention withdraw their funds by and with the consent of the President and Senate of the United States, and invest them in such manner as they may deem most proper for their interest. The United States also agree and stipulate to pay the just debts and claims against the Cherokee nation field by the citizens of the same and also the just claims of citizens of the United States for services rendered to the nation and the sum of sixty thousand dollars is appropriated for this purpose but no claims against individual persons of the nation shall be allowed and paid by the nation The sum of three hundred thousand dollars is hereby set apart to pay and liquidate the just claims of the Cherokees upon the United States for spoliations of every kind, that have not been already satisfied under former treaties.

Article 11. The

Commutation of school fund.

Cherokee nation of Indians believing it will be for the interest of their people to have all their funds and annuities under their own direction and future disposition hereby agree to commute their permanent annuity of ten thousand dollars for the sum of two hundred and fourteen thousand dollars, the same to be invested by the President of the United States as a part of the general fund of the nation; and their present school fund amounting to about fifty thousand dollars shall constitute a part of the permanent school fund of the nation.

Article 12. Those

Provision respecting C hero kees averse to removal.

individuals and families of the Cherokee nation that are averse to a removal to the Cherokee country west of the Mississippi and are desirous.to become citizens of the States where they reside and such as are qualified to take care of themselves and their property shall be entitled to receive their due portion of all the personal benefits accruing under this treaty for their claims, improvements and per capita; as soon as an appropriation is made for this treaty.

Such heads of Cherokee families as are desirous to reside within the States of No, Carolina Tennessee and Alabama subject to the laws of the same’; and who are qualified or calculated to become usefbl citizens shall be entitled, on the certificate of the commissioners to a pre-emption right to one hundred and sixty acres of land or one quarter section at the minimum Congress price; so as to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to pre-emption privilege under this treaty and if two or more families live on the same quarter section and they desire to continue their residence in these States and are qualified as above specified they shall, on receiving their pre-emption484TREATY WITH THE CHEROKEES. 1835. certificate be entitled to the right of pre-emption to such lands as they may select not already taken by any person entitled to them under this treaty.

It is stipulated and agreed between the United States and the Cherokee people that John Ross James Starr George Hicks John Gunter George Chambers John Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose Situwake and John Timpson shall be a committee on the part of the Cherokees to recommend such persons for the privilege of pre-emption rights as may be deemed entitled to the same under the above articles and to select the missionaries who shall be removed with the nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this treaty and settling the same with the United States. If any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves.

It is also understood and agreed that the sum of one hundred thousand dollars shall be expended by the commissioners in such manner as the committee deem best for the benefit of the poorer class of Cherokees as shall remove west or have removed west and are entitled to the benefits of this treaty. The same to be delivered at the Cherokee agency west as soon after the removal of the nation as possible.

Article 13. In order

Settlement of claims for former reservations.

to make a final settlement of all the claims of the Cherokees for reservations granted under former treaties to any individuals belonging to the nation by the United States it is therefore hereby stipulated and agreed and expressly understood by the parties to this treaty—that all the Cherokees and their heirs and descendants to whom any reservations have been made under any former treaties with the United States, and who have not sold or conveyed the same by deed or otherwise and who in the opinion of the commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States shall constitute a just claim against the United States and the original reservee or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands. And all such reservations as have not been sold by the United States and where the terms on which the reservations were made in the opinion of the commissioners have been complied with as far as practicable, they or their heirs or descendants shall be entitled to the same. They are hereby granted and confirmed to them—and also all

Ante, p. 156.

persons who were entitled to reservations under the treaty of 1817 and who as far as practicable in the opinion of the commissioners, have complied with the stipulations of said treaty, although by the treaty of 1819

Ante, p. 195.

such reservations were included in the unceded lands belonging to the Cherokee nation are hereby confirmed to them and they shall be entitled to receive a grant for the same. And all such reservees as were obliged by the laws of the States in which their reservations were situated, to abandon the same or purchase them from the States shall be deemed to have a just claim against the United States for the amount by them paid to the States with interest thereon for such reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands but in all cases where the reservees have sold their reservations or any part thereof and conveyed the same by deed or otherwise and have been paid for the same, they their heirs or descendants or their assigns shall not be considered as having any claims upon the United States under this article of the treaty nor be entitled to receive any compensation for the lands thus disposed of. It is expressly understood by the parties to this .treaty that the amount to be allowed forTREATY WITH THE CHEROKEES. 1835.485 reservations under this article shall not be deducted out of the consideration money allowed to the Cherokees for their claims for spoliations and the cession of their lands; but the same is to be paid for independently by the United States as it is only a just fulfilment of former treaty stipulations.

Article 14. It is

Pensions to certain warriors.

also agreed on the part of the United States that such warriors of the Cherokee nation as were engaged on the side of the United States in the late war with Great Britain and the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congress of the United States to commence from the period of their disability.

Article 15. It is

Funds to be divided among the Indians.

expressly understood and agreed between the parties to this treaty that after deducting the amount which shall be actually expended for the payment for improvements, ferries, claims, for spoliations, removal subsistence and debts and claims upon the Cherokee nation and for the additional quantity of lands and goods for the poorer class of Cherokees and the several sums to be invested for the general national funds; provided for in the several articles of this treaty the balance whatever the same may be shall be equally divided between all the people belonging to the Cherokee nation east according to the census just completed; and such Cherokees as have removed west since June 1833 who are entitled by the terms of their enrolment and removal to all the benefits resulting from the final treaty between the United States and the Cherokees east they shall also be paid for their improvements according to their approved value before their removal where fraud has not already been shown in their valuation.

Article 16. It is

Indians to remove in two years.

hereby stipulated and agreed by the Cherokees that they shall remove to their new homes within two years from the ratification of this treaty and that during such time the United States shall protect and defend them iu their possessions and property and free use and occupation of the same and such persons as have been dispossessed of their improvements and houses; and for which no grant has actually issued previously to the enactment of the law of the State of Georgia, of December 1835 to regulate Indian occupancy shall be again put in possession and placed in the same situation and condition, in reference to the laws of the State of Georgia, as the Indians that have not been dispossessed; and if this is not done, and the people are left unprotected, then the United States shall pay the several Cherokees for their losses and damages sustained by them in consequence thereof. And it is also stipulated and agreed that the public buildings and improvements on which they are situated at New Echota for which no grant has been actually made previous to the passage of the above recited act if not occupied by the Cherokee people shall be reserved for the public and free use of the United States and the Cherokee Indians for the purpose of settling and closing all the Indian business arising under this treaty between the commissioners of claims and the Indians.

The United States, and the several States interested in the Cherokee lands, shall immediately proceed to survey the lands ceded by this treaty; but it is expressly agreed and understood between the parties that the agency buildings and that tract of land surveyed and laid off for the use of Colonel 11. J. Meigs Indian agent or heretofore enjoyed and occupied by his successors in office shall continue subject to the use and occupancy of the United States, or such agent as may be engaged specially superintending the removal of the tribe.

Article 17. All the

Commissioners to seule claims

claims arising under or provided for in the several articles of this treaty, shall be examined and adjudicated by Gen486TREATY WITH THE CHEROKEES. 1835. Wm Carroll and John F. Schermerhorn or by such commissioners as shall

Vol. ix. p. 34.

be appointed by the President of the United States for that purpose and their decision shall be final and on their certificate of the amount due the several claimants they shall be paid by the United States. All stipulations in former treaties which have not been superseded or annulled by this shall continue iu full force and virtue.

Article 18. Whereas

U. S. to make advances for provisions, clothing, &c.

in consequence of the unsettled affairs of the Cherokee people and the early frosts, their crops are insufficient to support their families and great distress is likely to ensue and whereas the nation will not, until after their removal be able advantageously to expend the income of the permanent funds of the nation it is therefore agreed that the annuities of the nation which may accrue under this treaty for two years, the time fixed for their removal shall be expended in provision and clothing for the benefit of the poorer class of the nation; and the United States hereby agree to advance the same for that purpose as soon after the ratification of this treaty as an appropriation for the same shall be made. It

Ante, p. 195.

is however not intended in this article to interfere with that part of the annuities due the Cherokees west by the treaty of 1819.

Article 19. This

Treaty binding when ratified.

treaty after the same shall be ratified by the President and Semite of the United States shall be obligatory on the contracting parlies.

In testimony whereof the commissioners and the chiefs head men and people whose names are hereunto annexed being duly authorized by the people iu general council assembled have affixed their hands and seals for themselves and in behalf of the Cherokee nation.

I have examined the foregoing treaty and although not present when it was made, I approve its provisions generally, and therefore sign it.

WM. CARROLL, J. F. SCHERMERHORN.

Major Ridge,

James Foster,

Tesa-ta-esky,

Charles Moore,

George Chambers,

Tah-yeske,

Archilia Smith,

Andrew Ross,

William Lassley,

Cae-te-hee,

Te-gah-e-ske,

Robert Rogers,

John Gunter,

John A. Bell,

Charles F. Foreman,

William Rogers,

George W. Adair,

Elias Boudinot,

James Starr,

Jesse Half-breed.

Signed and sealed in presence of Western B. Thomas. Secry. Ben. F. Currey, Special Agent. M. Wolfe Bateman, 1st Lt. 6th U. S. A. inf., Disbg. Agent. Jno. L. Hooper, Ll. 4th inf. C. M. Hitchcock, M. D. Assist. Surg. U. S. A. G. W. Currey. Wm. H. Underwood. Cornelius D. Terhune. John W. H. Underwood.

To the Indian names are subjoined a mark and seal.

In compliance with instructions of the council at New Echota we sign this treaty.

STAND WATIE, JOHN RIDGE.

March 1, 1836.

Witnesses.—Elbert Herring. Alexander H. Everett, John Robb. D. Kurlz. Wm. Y. Hansell. Samuel J. Potts. Jno. Lille. S. Rockwell.

TREATY WITH THE CHEROKEES. 1835.487

The following article was adopted as a supplemental article to the treaty by a unanimous vote of the committee and ordered to be attached to and considered as part of this treaty.

Article 20. The

Payment of just claims guarantied by the United States.

United States do also hereby guaranty the payment of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians, in Georgia. Provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land without having made payment to the Indians therefor. It is hereby however further agreed and understood that if the Senate of the United States dissapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.

A. McCOY, Clerk Committee. W. B. THOMAS, Secry.

In compliance with the unanimous request of the Committee of the Cherokee nation in general council assembled, it is consented and agreed by the commissioner on the part of the United States that the foregoing shall be added as a supplemental article to the treaty under the express condition and stipulation that if the President or Senate of the United States disapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.

J. F. SCHERMERHORN.

1835-12-31 Treaty 7 Stat. 487

Whereas

Dec. 31, 1835.

the western Cherokees have appointed a delegation to visit the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States.

In testimony whereof, we have, this 31st day of December, 1835. hereunto set our hands and seals.

JAMES ROGERS, JOHN SMITH, Delegates from the western Cherokees.

Test: Ben. F. Carrey, Special Agent, M. W. Bateman, First Lieut. 6th Infantry Jno. L. Hooper, Lieut. 4th Infy. Elias Buudinot.

488TREATY WITH THE CHEROKEES. 1835.

Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) viz;

Augustus Clamont one section				$6,000
James	“	“	“	1,000
Paul	“	“	“	1,300
Henry	“	“	“	800
Anthony	“	“	“	1,800
Rosalie	“	“	“	1,800
Emilia D, of Mihanga				1,000
Emilia D, of Shemianga				1,300
				$15,000

I hereby certify that the above schedule is the estimated value of the Osage reservations; as made out and agreed upon with Col. A. P. Chouteau who represented himself as the agent or guardian of the above reservees.

J. F. SCHERMERHORN.

March 14, 1835.

1836-03-01 supplement 7 Stat. 488 SUPPLEMENTARY ARTICLES TO A TREATY

March 1, 1836.

Proclamation, May 23, 1636.

Concluded at Neto Echota, Georgia, December 29, 1835, between the United States and Cherokee people.

Whereas the undersigned were authorised at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.

Article 1. It is

Pre-emption rights declared void.

therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void.

Article 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.

Article 3. It is

Allowance in lieu of pre-emptions, &c.

therefore agreed that the sum of six hundred thousand dollars shall be and the same is hereby allowed to the Cherokee people to include the expense of their removal, and all claims of everyTREATY WITH THE CHEROKEES. 1835.489 nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.

Article 4. It is

Provisions for agency reservation not to interfere, &c.

also understood that the provisions in article 10, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same.

It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.

Article 5. The

Expense of negotiation to be defraved by the U. S.

necessary expenses attending the negotiation of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.

In testimony whereof John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.

J. F. SCHERMERHORN.

Major Ridge,

James Foster,

Tah-ye-ske,

Long Shell Turtle,

John Fields,

James Fields,

George Welch,

Andrew Ross,

William Rogers,

John Gunter,

John A. Bell,

Jos. A. Foreman,

Robert Sanders,

Elias Boudinot,

Johnson Rogers,

James Starr,

Stand Watie,

John Ridge,

James Rogers,

John Smith.

Witnesses—Elbert Herring. Thos. Glascock. Alexander H. Everett. Jno. Garland, Majr. U. S. A. C. A. Harris. John Robb, Win. Y. Hansell. Sami. J. Polls. Jno. Lille. S. Rockwell.

To the Indian names are subjoined a mark and seal.

[Note.—This treaty and Supplementary Articles were ratified, with the following amendments, as expressed in the Resolution of the Senate:—“Article 17, lines 2 and 3, strike out the words ‘by General William Carroll and John F. Schermerhorn, or.’” “In the 4th line of the same article, after the word ‘States,’ insert ‘by mid with the advice and consent of the Senate of the United States.’” “Strike out the 20th article which appears as a supplemental article.”]

1836-03-26 Treaty 7 Stat. 490 ARTICLES OF A TREATY

March 26, 1836.

Proclamation, June 4, 1836.

Made and concluded at camp in Turkey Creek Prairie, in the State of Indiana, between Abel C. Pepper commissioner of the United States and Mes-quaw-buck, a chief of the Pottawatamy tribe of Indians and his band, on twenty-sixth day of March, in the year eighteen hundred and thirty-six.

Art. 1. The

Cession of land to U.S.

above named chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the Pottawatamy

Ante, p. 399.

Indians, on Tippecanoe river on the twenty-seventh day of October 1832.

Art. 2. In

Payment therefor.

consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band the sum of twenty-five hundred and sixty dollars in specie at the next payment of annuity after the ratification of this treaty.

Art. 3. The

Expenses of this treaty to he paid by U.S.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 4. The

Indians to remove within two years.

above named chief and his band agree to yield peaceable possession of the above sections of land and remove to the country west of the Mississippi provided for the Pottawatamy nation by the United States, within two years from this date.

Art. 5. This

Treaty binding when ratified.

treaty shall be binding upon both parties from the date of its ratification by the President and Senate of the United States.

Art. 6. Whereas,

Provision in favor of Henry Ossum.

Henry Ossum has lived many years on the lands of the above named chief and his band—has furnished them with provision and blankets when they were poor and destitute—has made valuable improvements on the said land, and whereas, the said chief and his band acknowledge themselves to be justly indebted to the said Henry Ossum in the sum of three thousand dollars, it is hereby stipulated that from the cession aforesaid a reservation of two of the above four sections is made for Henry Ossum to be patented to him by the United States, the said reserve is to include Ossums improvement on which he now lives and Mis-quaw-bucks village. If this article shall be ratified by the President and Senate of the United States, then twelve hundred and eighty dollars of the above consideration shall be withheld from the aforesaid chief and his band in the payment for the cession aforesaid; but if this article of the treaty shall not be approved and ratified by the President and Senate of the United States, it is expressly understood that the rejection thereof shall not viciate or make void any other article or stipulation of the above treaty.** This article (Art. 6) was not ratified.

In testimony whereof the said A. C. Pepper commissioner on the part of the United States, and the above named chief and head men for themselves and their band, have hereunto subscribed their names, the day and year above written.

A. C. PEPPER. 490TREATY WITH THE OTTAWAS, ETC. 1836.491

Mes-qusw-buck,

Meas-Sett,

Muck-kose,

Waw-baw-que-ke-aw,

Naush-waw-pi-tant,

Cho-qua-sau-quah.

C. Carter, Secretary. Edward McCartney, Enteprt.

To the Indian names are subjoined mark.

1836-03-28 Treaty 7 Stat. 491 ARTICLES OF A TREATY

March 28, 1836.

Proclamation, May 27, 1836.

Made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates.

Article First. The

Cession of land to the U. S.

Ottawa and Chippewa nations of Indians cede to the United States all the tract of country within the following boundaries: Beginning at the mouth of Grand river of Lake Michigan on the north bank thereof, and following up the same to the line called for, in the first article of the treaty of Chicago of the 29th of August 1821,

Ante, p. 218.

thence, in a direct line, to the head of Thunder-bay river, thence with the line established by the treaty of Saganaw of the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British province of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the treaty of Ghent, through the straits, and river St. Mary’s, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the Skonawba river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.

Article Second. From

the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts, namely: One tract of fifty thousand acres to be located on Little Traverse bay: one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay, one tract of seventy thousand acres to be located on, or, north of the Pieire Marquetta river, one tract of one thousand acres to be located by Chingassanoo,—or the Big Sail, on the Cheboigan. One tract of one thousand acres, to be located by Mujeekewis, on Thunder-bay river.

Article Third. There

Reservations for Chippewas.

shall also be reserved for the use of the Chippewas living north of the straits of Michilimackinac, the following tracts, that is to say: Two tracts of three miles square each, on the north shores of the said straits, between Point-au-Barbe and Mille Coquin river, including the fishing grounds in front of such reservations, to be located by a council of the chiefs. The Beaver islands of Lake Michigan for the use of the Beaver-island Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of the Indian department. The islands of the Chenos, with a part of the adjacent north coast of Lake Huron, corre-492TREATY WITH THE OTTAWAS, ETC. 1836.spending in length, and one mile in depth. Sugar island, with its islets, in the river of St. Mary’s. Six hundred and forty acres, at the mission of the Little Rapids. A tract commencing at the mouth of the Pississowining river, south of Point Iroquois, thence running up said stream to its forks, thence westward, in a direct line to the Red water lakes, thence across the portage to the Tacquimenon river, and down the same to its mouth, including the small islands and fishing grounds, in front of this reservation. Six hundred and forty acres, on Grand island, and two thousand acres, on the main land south of it. Two sections, on the northern extremity of Green bay, to be located by a council of the chiefs. All the locations, left indefinite by this, and the preceding articles, shall be made by the proper chiefs, under the direction of the President. It is understood that the reservation for a place of fishing and encampment, made under the treaty of

Ante, p. 206.

St. Mary’s of the 16th of June 1820, remains unaffected by this treaty.

Article Fourth. In

Payments to be made to the Indians.

consideration of the foregoing cessions, the United States engage to pay to the Ottawa and Chippewa nations, the following sums, namely. 1st. An annuity of thirty thousand dollars per annum, in specie, for twenty years; eighteen thousand dollars, to be paid to the Indians between Grand river and the Cheboigun; three thousand six hundred dollars, to the Indians on the Huron shore, between the Cheboigan and Thunder-bay river; and seven thousand four hundred dollars, to the Chippewas north of the straits, as far as the cession extends; the remaining one thousand dollars, to be invested in stock by the Treasury Department and to remain incapable of being sold, without the consent of the President and Senate, which may, however, be given, after the expiration of twenty-one years. 2nd. Five thousand dollars per annum, for the purposes of education, teachers, school-houses, and books in their own language, to be continued twenty years, and as long thereafter as Congress may appropriate for the object. 3rd. Three thousand dollars for missions, subject to the conditions mentioned in the second clause of this article. 4th. Ten thousand dollars for agricultural implements, cattle, mechanics’ tools, and such other objects as the President may deem proper. 5th. Three hundred dollars per annum for vaccine matter, medicines, and the services of physicians, to be continued while the Indians remain on their reservations. 6th. Provisions to the amount of two thousand dollars; six thousand five hundred pounds of tobacco; one hundred barrels of salt, and five hundred fish barrels, annually, for twenty years. 7th. One hundred and fifty thousand dollars, in goods and provisions, on the ratification of this treaty, to be delivered at Michilimackinac.

Article Fifth. The

Payment of claims against the Indians.

sum of three hundred thousand dollars shall be set apart tor the payment of just debts against the said Indians. All claims for such debts shall be examined by a commissioner to be appointed by the President and Senate, who shall act under such instructions as may be given to him, by the order of the President, for the purpose of preventing the allowance of unjust claims. The investigation shall be made at Michilimackinac, and no claims shall be allowed, except such as were contracted by Indians living within the district of country hereby ceded, and to citizens or residents of the United States. No claim shall be paid out of this fund unless the claimant will receive the sum allowed to him, as full payment of all debts, due to him by the said Indians. If the fund fall short of the full amount of just debts, then a ratable division shall be made. If it exceed such amount, the balance shall be paid over to the Indians, in the same manner, that annuities are required by law to be paid.

TREATY WITH THE OTTAWAS, ETC. 1836.493

Article Sixth. The

Provision for hall-breeds, &c.

said Indians being desirous of making provision for their half breed relatives, and the President having determined, that individual reservations shall not be granted, it is agreed, that in lieu thereof, the sum of one hundred and fifty thousand dollars shall be set apart as a fund for said half-breeds. No person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person, who may have received any allowance at any previous Indian treaty. The following principles, shall regulate the distribution. A census shall be taken of all the men, women, and children, coming within this article. As the Indians hold in higher consideration, some of their half-breeds than others, and as there is much difference in their capacity to use and take care of property, and, consequently, in their power to aid their Indian connexions, which furnishes a strong ground for this claim, it is, therefore, agreed, that at the council to be held upon this subject, the commissioner shall call upon the Indian chiefs to designate, if they require it, three classes of these claimants, the first of which, shall receive one-half more than the second, and the second, double the third. Each man woman and child shall be enumerated, and an equal share, in the respective classes, shall be allowed to each. If the father is living with the family, he shall receive the shares of himself, his wife and children. If the father is dead, or separated from the family, and the mother is living with the family, she shall have her own share, and that of the children. If the father and mother are neither living with the family, or if the children are orphans, their share shall be retained till they are twenty-one years of age; provided, that such portions of it as may be necessary may, under the direction of the President, be from time to time applied for their support. All other persons at the age of twenty-one years, shall receive their shares agreeably to the proper class. Out of the said fund of one hundred and fifty thousand dollars, the sum of five thousand dollars shall be reserved to be applied, under the direction of the President, to the support of such of the poor half breeds, as may require assistance, to be expended in annual instalments for the term of ten years, commencing with the second year. Such of the half-breeds, as may be judged incapable of making a proper use of the money, allowed them by the commissioner, shall receive the same in instalments, as the President may direct.

Article Seventh. In

Two additional blacksmiths, &c.

consideration of the cessions above made, and as a further earnest of the disposition felt to do full justice to the Indians, and to further their well being, the United States engage to keep two additional blacksmith-shops, one of which, shall be located on the reservation north of Grand river, and the other at the Sault Ste. Marie. A permanent interpreter will be provided at each of these locations. It is stipulated to renew the present dilapidated shop at Michilimackinac, and to maintain a gunsmith, in addition to the present smith’s establishment, and to build a dormitory for the Indians visiting the post, and appoint a person to keep it, and supply it with fire-wood. It is also agreed, to support two farmers and assistants, and two mechanics, as the President may designate, to teach and aid the Indians, in agriculture, and the mechanic arts. The farmers and mechanics, and the dormitory, will be continued for ten years, and as long thereafter, as the President may deem this arrangement useful and necessary; but the benefits of the other stipulations of this article, shall be continued beyond the expiration of the annuities, and it is understood that the whole of this article shall stand in force, and inure to the benefit of the Indians, as long after the expiration of the twenty years as Congress may appropriate for the objects.

494TREATY WITH THE OTTAWAS, ETC. 1836.

Article Eighth. It is

Locations to be sought for; payment for improvements, &c.

agreed, that as soon as the said Indians desire it, a deputation shall be sent to the west of the Mississippi, and to the country between Lake Superior and the Mississippi, and a suitable location shall be provided for them, among the Chippewas, if they desire it, and it can be purchased upon reasonable terms, and if not, then in some portion of the country west of the Mississippi, which is at the disposal of the United States. Such improvements as add value to the land, hereby ceded, shall be appraised, and the amount paid to the proper Indian. But such payment shall, in no case, be assigned to, or paid to, a white man. If the church on the Cheboigan, should fall within this cession, the value shall be paid to the band owning it. The mission establishments upon the Grand river shall be appraised and the value paid to the proper boards. When the Indians wish it, the United States will remove them, at their expence, provide them a year’s subsistence in the country to which they go, and furnish the same articles and equipments to each person as are stipulated to be given to the

Ante, p. 431.

Pottowatomies in the final treaty of cession concluded at Chicago.

Article Ninth. Whereas

Payment to half-breeds in lieu of reservations.

the Ottawas and Chippewas, feeling a strong consideration for aid rendered by certain of their half-breeds on Grand river, and other parts of the country ceded, and wishing to testify their gratitude on the present occasion, have assigned such individuals certain locations of land, and united in a strong appeal for the allowance of the same in this treaty; and whereas no such reservations can be permitted in carrying out the special directions of the President on this subject, it is agreed, that, in addition to the general fund set apart for half-breed claims, in the sixth article, the sum of forty-eight thousand one hundred and forty-eight dollars shall be paid for the extinguishment of this class of claims, to be divided in the following manner; To Rix Robinson, in lieu of a section of land, granted his Indian family, on the Grand river rapids, (estimated by good judges to be worth half a million,) at the rate of thirty-six dollars an acre: To Leonard Slater, in trust for Chiminonoquat, for a section of land above said rapids, at the rate of ten dollars an acre: To John A. Drew, for a tract of one section and three quarters, to his Indian family, at Cheboigan rapids, at the rate of four dollars; to Edward Biddle, for one section.to his Iridian family at the fishing grounds, at the rate of three dollars: To John Holiday, for five sections of land to five persons of his Indian family, at the rate of one dollar and twenty-five cents; to .Eliza Cook, Sophia Biddle, and Mary Holiday, one section of land each, at two dollars and fifty cents: To Augustin Hamelin junr, being of Indian descent, two sections, at one dollar and twenty-five cents; to William Lasley, Joseph Daily, Joseph Trotier, Henry A. Levake, for two sections each, for their Indian families, at one dollar and twenty-five cents: To Luther Rice, Joseph Lafrornbois, Charles Butterfield, being of Indian descent, and to George Moran, Louis Moran, G. D. Williams, for half-breed children under their care, and to Daniel Marsac, for his Indian child, one section each, at one dollar and twenty-five cents.

Article Tenth. The

Payment to chiefs.

sum of thirty thousand dollars shall be paid to the chiefs, on the ratification of this treaty, to be divided agreeably to a schedule hereunto annexed.

Article Eleventh. The

Annuities to two aged chiefs.

Ottowas having consideration for one of their aged chiefs, who is reduced to poverty, and it being known that he was a firm friend of the American Government, in that quarter, during the late war, and suffered much in consequence of his sentiments, it is agreed, that an annuity of one hundred dollars per annum shall be paid to Ningweegon or the Wing, during his natural life, in money or goods, as he may choose. Another of the chiefs of said nation, whoTREATY WITH THE OTTAWAS, ETC. 1836.495 attended the treaty of Greenville in 1793, and is now, at a very advanced age, reduced to extreme want, together with his wife, and the Government being apprized that he has pleaded a promise of Gen. Wayne, in his behalf, it is agreed that Chusco of Michilimackinac shall receive an annuity of fifty dollars per annum during his natural life.

Article Twelth. All

expenses attending the journies of the Indians from, and to their homes, and their visit at the seat of Government, together with the expenses of the treaty, including a proper quantity of clothing to be given them, will be paid by the United States.

Article Thirteenth. The

Right of hunting on lands ceded.

Indians stipulate for the right of hunting on the lands ceded, with the other usual privileges of occupancy, until the land is required for settlement.

In testimony whereof, the said Henry R, Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the Ottawa and Chippewa nations of Indians have hereunto set their hands, at Washington, the seat of Government, this twenty-eighth day of March, in the year one thousand eight hundred and thirty-six.

HENRY R. SCHOOLCRAFT.

Oroun Aishkum, of Maskigo,
Wassangazo, of	do.
Osawya, of	do.
Wabi Windego, of Grand river,
Megiss Ininee, of	do.
Nabun Ageezhig, of	do.
Winnimissagee, of	do.
Mukutaysee, of	do.
Wasaw Bequm, of	do.
Ainse, of Michilimackinac,
Chabowaywa, of	do.
Jawba Wadick, of Sault Ste. Marie,
Waub Ogeeg, of	do.

Kawgayosh, of Sault Ste. Marie, by Maidosagee,
Apawkozigun, of L’Arbre Croche,
Keminitchagun, of	do.
Tawaganee, of	do.
Kinoshamaig, of	do.
Naganigobowa, of	do.
Oniasino, of	do.
Mukuday Benais, of	do.
Chingassarno, of	do.
Aishquagonabee, of Grand Traverse,
Akosa, of	do.
Oshawun Epenaysee, of	do.

John Hulbert, Secretary. Lucius Lyon. R. P. Parrott, Capt. U. S, Army. W, P. Zantzinger, Purser U. S. Navy. Josiah F. Polk. John Holiday. John A. Drew. Rix Robinson. Leonard Slater. Louis Moran. Augustin Hamelin, jr. Henry A. Levake. William Lasley. George W. Woodward. C. O. Ermatinger.

To the Indian names are subjoined mark.

Treaty 7 Stat. 495 Schedule referred to, in the tenth article.

1. The

Chiefs entitled to $500 each.

following chiefs constitute the first class, and are entitled to receive five hundred dollars each, namely: On Grand river, Muccutay Osha, Namatippy, Nawequa Geezhig or Noon Day, Nabun Egeezhig son of Kewayguaboweqtia, Wahi Windego or the White Giant, Cawpemossay or the Walker, Mukutay Oquot or Black Cloud, Megis Inince or Wampum-man, Winnimissagee: on the Maskigo, Osawya. and Owun Aishcum; at L’Arbre Croche, Apawkozigtin, or Smoking Weed, Niso-wakeout, Keminechawgun; at Grand Travers, Aishquagonabee, or the Feather of Honor, Chabwossun, Mikenok: on the Cheboigan, Chingassamo, or the Big Sail; at Thunder-bay, Mujeekiwiss; on the Manistic North, Mukons Ewyau; at Oak Point on the straits, Ains: at the Chenos, Chabowaywa: at Sault Ste. Marie, lawba Wadick and Kewayzi Shawano; at Tacquimenon, Kawgayosh; at Grand Island, Oshawun Epenaysee, or the South Bird.

2. The

Chiefs entitled to $200 each.

following chiefs constitute the second class, and are entitled to receive two hundred dollars each, namely: On Grand river, Keesha-496TREATY WITH THE OTTAWAS, ETC. 1836.owash, Nugogikaybee, Kewaytowaby, Wapoos or the Rabbit, Wabitouguaysay, Kewatondo, Zhaquinaw, Nawiqua Geezhig of Flat river, Keuaytinunk, Weenouga, Pabawboco, Windecowiss, Muccutay Penny or Black Patridge, Kaynotin Aishcum, Boynashing, Shagwabeno son of White Giant, Tushetowun, Keway Gooshcum the former head chief, Pamossayga; at L’Arbre Croche, Sagitondowa, Ogiman Wininee, Megisawba, Mukuday Benais; at the Cross, Nishcajininee, Nawamushcota, Pabamitabi, Kimmewun, Gitchy Mocoman; at Grand Traverse, Akosa, Nebauquaum, Kabibonocca; at Little Traverse, Miscomamaingwa or Red Butterfly, Keezhigo Benais, Pamanikinong, Paimossega; on the Cheboigan, Chonees, or Little John, Shaweenossegay; on Thunder bay, Suganikwato; on Maskigo, Wassangazo; on Ossigomico or Platte river, Kaigwaidosay; at Manistee, Keway Gooshcum: on river Pierre Markette, Saugima: at Saulte Ste. Marie, Neegaubayun, Mukudaywacquot, Cheegud; at Carp river west of Grand island, Kaug Wyanais: at Mille Cocquin on the straits, Aubunway: at Michilimackinac, Missutigo, Saganosh, Akkukogeesh, Chebyawboas.

3. The

Chiefs entitled to $100 each.

following persons constitute the third class, and are entitled to one hundred dollars each, namely: Kayshewa, Penasee or Gun lake, Kenisoway, Keenabie of Grand river: Wasso, Mosaniko, Unwatin Oashcum, Nayogirna,Itawachkoehi, Nanaw Ogomoo, Gitchy, Peendowan or Scabbard, Mukons, Kinochimaig, Tekamosimo, Pewaywitum, Mudji Keguabi, Kewayaum, Paushkizigun or Big Gun, Onaausino, Ashijuabaywiss, Negaunigabowi, Petossegav, of L’Arbre Croche: Poiees or Dwarf and Pamossay of Cheboigan: Gitchy Ganocquot and Pamossegay of Thunder bay: Tabusshy Geeshick aud Mikenok, of Carp river south of Grand Traverse; Wapooso, Kaubinau, and Mudjeekee of river Pierre Markucttc: Pubokway, Manitowaba, and Mishewatig, of White river: Shawun Epenaysee and Agausgee of Grand Traverse: Micqumisut, Chusco of Mackinac; Keeshkidjiwun, Waub Ojeeg, Aukudo, Winikis, Jaubeens, Maidosagee, Autya, Ishqungunaby, Shaniwaygwunabi son of Kakakee, Nittum Egabowi, Magisanikway, Ketekewegauboway, of Sault Ste. Marie: Chegauzebe and Waubudo of Grand island: Ashegons, Kinuwais, Misquaonaby and Mongons of Carp and Chocolate rivers: Gitchy Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet: Kainwaybekis and Pazhikwaywitum of Beaver islands: Neezhick Epenais of the Alice: Ahdanima of Manistic: Mukwyou, Wahzahkoon, Oshawun, Oneshannocquot of the north shore of Lake Michigan: Nagauniby and Keway Gooshkum of the Chenos.

HENRY R. SCHOOLCRAFT, Commissioner.

supplement 7 Stat. 496 SUPPLEMENTAL ARTICLE.

To guard

How certain provisions in preceding articles are to be construed.

against misconstruction in some of the foregoing provisions, and to secure, by further limitations, the just rights of the Indians, it is hereby agreed: that no claims under the fifth article shall be allowed for any debts contracted previous to the late war with Great Britain, or for goods supplied by foreigners to said Indians, or by citizens, who did not withdraw from the country, during its temporary occupancy by foreign troops, for any trade carried on by such persons during the said period. And it is also agreed: that no person receiving any commutation for a reservation, or any portion of the fund provided by the sixth article of this treaty, shall be entitled to the benefit of any part of the annuities herein stipulated. Nor shall any of the half-breeds, or blood relatives of the said tribes, commuted with, under the provisionsTREATY WITH THE OTTAWAS, ETC. 1836.497 of the ninth article, have any further claim on the general commutation fund, set apart to satisfy reservation claims, in the said sixth article. It is also understood, that the personal annuities, stipulated in the eleventh article, shall be paid in specie, in the same manner that other annuities are paid. Any excess of the funds set apart in the fifth and sixth articles, shall, in lieu of being paid to the Indians, be retained and vested by the Government in stock under the conditions mentioned in the fourth article of this treaty.

In testimony whereof, the parties above recited, have hereunto set their hands, at Washington, the seat of Government, this thirty-first day of March, in the year one thousand eight hundred and thirty-six.

HENRY R. SCHOOLCRAFT.

Owun Aishkum, of Maskigo,
Wassangazo, of	do.
Osawya, of	do.
Wabi Windego, of Grand river,
Megiss Ininee, of	do.
Nabun Ageezhig, of	do.
Ainse, of Michilimackinac,
Chabowaywa, of	do.
Jauba Wadick, of Sault St. Marie.
Waub Ogeeg, of	do.
Kawgayosh, of by Maidosagee,	do.

Apawkozigun, of L’Arbre Croche,
Keminitchagun, of	do.
Tawaganee, of	do.
Kinoshamaig, of	do.
Naganigobowa, of	do.
Oniasino, of	do.
Mukuday Benais, of	do.
Chingassamoo, of Cheboigan,
Aishquagonabee, of Grand Traverse,
Akosa, of	do.
Oshawun Epenaysee, of	do.

John Hulbert, Secretary. Robert Stewart, Wm. Mitchell, John A. Drew, Augustin Hamelin, jr., Rix Robinson, C. O. Er malinger.

To the Indian names are subjoined marks.

[Note.—The foregoing treaty, and supplementary article, was ratified and confirmed with the following amendments, as expressed in the resolution of the Senate:

Article Two, line two, after the word, “tracts,” insert the following words, to wit: “for the term of five years from the date of the ratification of this treaty, and no longer unless the United States grant them permission to remain on said lands for a longer period.

Article Three, after the word “tracts,” in the second line, insert the following words, to wit:

For the term of five years from the date of the ratification of this treaty, and no longer, unless the United States grant them permission to remain on said lands for a longer period.

Article Four,—at the close thereof insert these words—“and also the sum of two hundred thousand dollars, in consideration of changing the permanent reservations in articles two and three to reservations for five years only, to be paid whenever their reservations shall be surrendered, and until that lime the interest on said two hundred thousand dollars shall be annually paid to the said Indians.”

Article Five—Strike out the whole article and insert the following:

“The sum of three hundred thousand dollars shall be paid to the said Indians to enable them with the aid and assistance of their agent, to adjust and pay such debts ae they may justly owe, and the overplus if any to apply to such other use ns they may think proper.

Article Eight—Strike out after the word “the” where it first occurs in line two, to the word “States,” in the eighth line, and insert in lieu thereof these words—“Southwest of the Missouri river, there to select a suitable place for the final settlement of said Indians, which country, so selected, and of reasonable extent, the United States will forever guaranty and secure to said Indians.

In the Eighth Article—Strike out all between the word “it” in the eleventh line, and the word “when” in the thirteenth line, and insert these words: “The nett proceeds of the sale of the one hundred and sixty acres of land, upon the Grand river, upon which the Missionary Society have erected their buildings, shall be paid to the said Society in lieu of the value of their said improvements.”]

1836-03-29 Treaty 7 Stat. 498 ARTICLES OF A TREATY

March 29, 1836.

Proclamation, June 4, 1836.

Made and concluded on Tippecanoe river in the State of Indiana between Abel C. Pepper commissioner on the part of the United States and Wau-ke-wa Che-cose’s only son a Pottawatamy chief and his band, on the twenty-ninth, day of March, eighteen hundred and thirty-six.

Art. 1. The

Cession of land to U. S.

above named chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the Pottawatamy Indians.

Art. 2. The

Indians to remove within two years.

above named chief and his band agree to yield peaceable possession of said land within three months from this date, and to remove to the country provided for the Pottawatamy nation west of the Mississippi river within two years,

Art. 3. In

Payment for land ceded.

consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band twenty-five hundred and sixty dollars in specie at the first payment of annuity alter the ratification of this treaty.

Art. 4. The

U. S. to pay expenses of this treaty.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 5. This

Treaty binding when ratified.

treaty shall be binding upon both the parties from the date of its ratification by the President and Senate of the United States.

[Art. 6. Whereas

Provision in favor of Peter Warner.

the above named chief and his band have sold to Peter Warner one half section of the said land, and have received in payment thereof two hundred dollars and said Warner’s note for two hundred dollars, and whereas the said Warner has expended in improvements on the said land about eight hundred dollars, and has a mill almost ready to go into operation, therefore it is the particular request of the aforesaid chief and his band that the deed which they have made and signed to Peter Warner for said half section of land may be ratified and confirmed. If this article of this treaty shall be approved then four hundred dollars of the above named consideration shall be deducted, but if this sixth article of this treaty shall not be approved and ratified by the President and Senate of the United States it is expressly understood that the rejection thereof shall not viciate or make void any other article or stipulation of this treaty.]** This article was not ratified.

In testimony whereof the said Abel C. Pepper, commissioner on the part of the United States, and the above named chief and head men have hereunto subscribed their games, the day and year above written.

ABEL C. PEPPER.

Wau-ke-wa,

Waw-was-tno-queh, widow of Che-cose,

Te-shaw-gen,

Mes-quaw,

Pah-Siss,

She-aw-ke-pee.

Witnesses—C. Carter, Secty. Henry Ossein, Interpreter.

To the Indian names are subjoined marks.

498

1836-04-11 Treaty 7 Stat. 499 ARTICLES OF A TREATY

April 11, 1836.

Proclamation, May 25, 1836.

Made and concluded at a camp on Tippecanoe river, in the State of Indiana, between Abel C. Pepper commissioner on the part of the United States, and Pau-koo-shuck, Aub-ba-naub-ba’s oldest son and the head men of Aub-ba-naub-ba’s band of Potawattimie Indians, this eleventh day of April in the year, eighteen hundred and thirty-six.

Article 1. The

Cession of land to U. S.

aforesaid Pau-koo-shuck and the head men of Aub-ba-naub-ba’s band, hereby cede to the United States the thirty-six sec-tions of land reserved for them by the second article of the Treaty between the United States and the Potawattimie Indians on Tippecanoe river on the twenty-sixth day of October, in the year eighteen hundred and thirty-two,

Art. 2. In

Consideration therefor.

consideration of the cession aforesaid, the United States stipulate to pay to the aforesaid band the sum of twenty-three thousand and forty dollars in specie, one half at the first payment of annuity, after the ratification of this Treaty, and the other half at the succeeding payment of annuity,

Art. 3. The

Indians to remove within two years.

above-named Pau-koo-shuck and his band agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years,

[Art. 4. At the

Payment of debts duo by Indians.

request of the above named band it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner,who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2nd article of this treaty,—]** This article was not ratified.

Art. 5. This

Treaty binding when ratified.

Treaty, after the same shall be ratified by the President and Senate of the United States shall be binding upon both parties,

In testimony whereof the said Abel C. Pepper commissioner as aforesaid, and the said Pau-koo-shuck and his band, have hereunto set their hands this eleventh day of April in the year of our Lord one thousand eight hundred and thirty-six.

ABEL C. PEPPER.

Wau-ke-wa,

Waw-was-tno-queh, widow of Che-cose,

Te-shaw-gen,

Mes-quaw,

Pah-Siss,

She-aw-ke-pee.

Witnesses: —E. V. Cicott, secretary, Henry Ossem. Thos. Robb. Wm. Polka. Joseph Bamont, principal interpreter. Joseph Truckey. George W. Ewing. Cyrus Tober.

To the Indian names are subjoined marks.

499

1836-04-22 Treaty 7 Stat. 500 ARTICLES OF A TREATY

April 22, 1836.

Proclamation, May 25, 1836.

Made and concluded at the Indian Agency, in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States and O-kah-mause, Kee-waw-nay, Nee-boash, and Mat-chis-jaw, chiefs and head men of the Patawattimie tribe of Indians and their bands, on the twenty-second day of April, in the year eighteen hundred and thirty-six.

Art. 1. The

Cession of land to the U. S.

above named chiefs and head men and their bands, hereby cede to the United States, ten sections of land, reserved for them by the second article of the treaty, between the United States and the Patawattimie tribe of Indians,

Ante, p. 394.

on Tippecanoe river, on the 2Gth day of October, in the year 1832.

Art. 2. In

Payment therefor.

consideration of the cession aforesaid, the United States stipulate to pay to the above-named chiefs and head men and their bands, the sum of six thousand four hundred dollars, at the first payment of annuity, after the ratification of this treaty.

Art. 3. The

Indians to remove within two years.

above-named chiefs and head men and their bands agree to remove to the country west of the Mississippi river, provided for the Patawattimie nation by the United States, within two years.

[Art. 4. At the

Payment of debts due by Indians.

request of the above named bands it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner, who shall be authorized to pay such debts of the said bands as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.]** This article was not ratified.

Art. 5. The

Expenses of treaty to be paid by U. S.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 6. This

Treaty binding when ratified.

treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.

In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and head men and their bands, have hereunto set their hands, this 22d day of April A. D. 1836.

ABEL C. PEPPER.

Pash-po-ho,

O-kaw-mause,

Kee-waw-nee,

Nee-boash, (or twisted bead,)

I-o-weh, (or nation’s name,)

Miss-no-qui, (female fish,)

Kaw-che-noss, (the little,)

Cho-quisa, (fishes entrails,)

Ma-che-saw, (bleating fawn,)

Waw-po-ko-ne-aw, (white night,)

Ah-muck,

Kohe-kah-me,

Que-que-nuk.

Witness:—Geo. W. Ewing. Cyrus Taber. J. B. Duret, sec’y. Peter Barron. Joseph Bamont, interpreter.

To the Indian names are subjoined marks.

500

1836-04-22 Treaty 7 Stat. 501 ARTICLES OF A TREATY

April 22, 1836.

Proclamation, May 25, 1836.

Made and concluded at the Indian agency, in the Stale of Indiana between Abel C. Pepper commissioner on the part of the United States, and Nas-waw-kee and Quash-quaw chiefs and head men of the Patawattimie tribe of Indians and their bands on the 22d day of April, 1836.

Art. 1. The

Land ceded to the U. S.

above named chiefs and head men and their bands hereby cede to the United States three sections of land reserved for them by the second article of the treaty between the United States and the Patawattimie

Ante, p. 394.

tribe of Indians on Tippecanoe river on the 26th day of October, 1832.

Art. 2. In

Consideration therefor.

consideration of the cession aforesaid the United States stipulate to pay the above chiefs and head men and their bands nineteen hundred and twenty dollars at the first payment of annuity after the ratification of this treaty.

Art. 3. The

Indiana to remove within two years.

above named chiefs and head men and their bands agree to give possession of the aforesaid three sections of land, and remove to the country west of the Mississippi river provided by the United States for the Potawattimie nation of Indians within two years from this date.

[Art. 4. At the

Payment of debts due by Indians.

request of the above named chiefs and head men and their bands, it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner who shall be authorized to pay such debts of the said bands as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2d article of this treaty.]** This article was not ratified.

Art. 5. The

Expenses of this treaty to be paid by U. S.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 6. This

Treaty binding when ratified.

treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.

In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and head men and their bands, have hereunto set their hands this 22d day of April., A. D. 1836.

ABEL C. PEPPER.

Quasli-quaw,

Me-cos-ta,

Nas-waw-kee,

Wem-se-ko,

Ah-quaush-she.

Witnesses:—J. B. Duret, secretary to com’r. Joseph Bamont, interpreter. Cyrus Tober. Geo. W. Ewing. Peter Barron.

To the Indian names are subjoined mark.

501

1836-04-23 Treaty 7 Stat. 502 ARTICLES OF A TREATY

April 23, 1836.

Proclamation, May 16, 1836.

Made and concluded between John A. Bryan, commissioner on the part of the United States, and William Walker, John Barnett, and Peacock, chiefs and principal men of the Wyandot tribe of Indians in Ohio, acting for and on behalf of the said tribe.

Art. 1. The

Land ceded to the U. S.

Wyandot tribe of Indians in Ohio cede to the United States a strip of land five miles in extent, on the east end of their reservation in Crawford county in said State—also, one section of land lying in Cranberry Swamp, on Broken Sword creek, being the one mile square specified and set forth in the treaty made with the said tribe on the

Ante, p. 160.

twenty-ninth day of September in the year of our Lord one thousand eight hundred and seventeen—also, one hundred and sixty acres of land, which is to be received in the place and stead of an equal quantity set apart in a supplemental treaty made with the said Indians on the seven-teenth day of September in the following year, all situate and being in the said county of Crawford.

Art. 2. The

To be surveyed and sold.

said five mile tract, as also the additional quantities herein set forth, are each to be surveyed as other public lands are surveyed by the Surveyor General, and to be sold at such time and place, allowing sixty days’ notice of the sale, as the President may direct.

Art. 3. A Register

A register and receiver to be appointed.

and Receiver shall be appointed by the President and Senate, in accordance with the wishes of the delegation of chiefs, whose duties shall be similar to those of other Registers and Receivers.

They shall receive such compensation for services rendered, not exceeding five dollars per day for every day necessarily employed in the discharge of their duties, as the President may determine.

Art. 4. All

Expenses to be defrayed out of the sale of the land.

expenses incurred in the execution of this treaty, and in the sale of the lands included in it, shall be defrayed out of the funds raised therefrom, including such expenses and disbursements as may have been incurred by the delegation to Washington—and such allowance to individuals who have assisted in the negotiation, as the chiefs in council, after a full and fair investigation, may adjudge to be reasonable and just, shall in all cases be made.

Art. 5. Such

Roads, schools, &c.

portion of the monies arising from the sales as the chiefs may deem necessary for the rebuilding of mills, repair and improvement of roads, establishing schools, and other laudable public objects for the improvement of their condition, shall be properly applied under their direction, and the remainder to be distributed among the individuals of said tribe as annuities are distributed.

Art. 6. The

Moneys, how payable.

monies raised by the sales of the lands for all the above mentioned objects, except the last, shall be paid by the Receiver on the order of the chiefs;—and such order, together with the receipt of the persons to whom payment shall be made, shall be the proper voucher for the final settlement of the accounts of the Receiver;—but the funds for the tribe shall be distributed by the Register and Receiver to each person entitled thereto.

Art. 7. By the 21st article of the treaty concluded at the foot of the rapids of the Miami of Lake Erie, dated the twenty-ninth day of Sep-502TREATY WITH THE CHIPPEWAS, ETC. 1836.503tember

Certain former reservations to be sold, and the amount paid to the owners.

in the year one thousand eight hundred and seventeen, and the schedule thereunto attached, there was granted to Daonquot, or half King, Rontondee, or Warpole, Tayarrontoyea, or Between the Logs, Danwawtout, or John Hicks, Mononcue, or Thomas, Tayondottauseh, or George Punch, Hondaua-waugh, or Matthews, chiefs of the Wyandot nation, two sections of land each, within the Wyandot reservation—The aforesaid chiefs, their heirs or legal representatives, are entitled to, and allowed one section of land each, in the above designated tract of five miles, to be selected by them previous to sale, and the same shall be sold as the other lands are sold, and they allowed to receive the respective sums arising from said sale.

Art. 8. If during

Indians may close the sale.

the progress of the sale, the Indians are not satisfied with the prices at which the lands sell, the Register and Receiver shall, on the written application of the chiefs, close the sale, and report the proceedings to the War Department—and the President may appoint such other time for the sale as he may deem proper.

Art. 9. The

Authority of the President.

President shall give such directions as he may judge necessary for the execution of this treaty, through the proper Departments of the Government.

Signed this twenty-third day of April in the year of our Lord one thousand eight hundred and thirty-six.

JOHN A. BRYAN, Com’r on the part of the U States.

Wm. Walker,

John Barnett,

—Peacock.

In the presence of us, Jn. McLene, John McElvain.

To the Indian names are subjoined mark.

[Note.—This treaty was ratified upon this condition, expressed in the resolution of the Senate, which condition is as follows: “Provided, That after the word ‘moneys,’ in the fifth article, the following words shall be inserted therein: ‘not exceeding twenty thousand dollars.’”

1836-05-09 Treaty 7 Stat. 503 ARTICLES OF A TREATY

May 9, 1836.

Proclamation, May 25, 1836.

Made at Washington in the District of Columbia on the ninth day of May in the year of our Lord one thousand eight hundred and thirty-six, between Henry R. Schoolcraft, commissioner on the part of the United States and the chiefs of the Swan-creek and Black-river bands of the Chippewa nation, residing within the limits of Michigan.

Whereas certain reservations of land were made to the said bands of Indians in the treaty concluded at Detroit on the 17th of November

Ante, p. 105.

1807, and these reservations after having been duly located, under the authority of the Government, have remained in their possession and occupancy to the present time: and whereas’ the said Indians actuated by considerations affecting their permanent improvement and happiness, are desirous of fixing their residence at some point more favorable to these objects, and have expressed their wishes to dispose of the same and authorized their chiefs to proceed to Washington for the purpose504TREATY WITH THE CHIPPEWAS, ETC. 1836. of making the necessary arrangement: It is therefore, after mature deliberation on their part, agreed as follows.

Article 1. The

Tracts ceded to the U. S.

Swan-creek and Black-river bands of Chippewas cede to the United States the following tracts, namely:

One tract of three miles square, or five thousand seven hundred and sixty acres on Swan-creek of Lake St. Clair: One tract of one section and three quarters near Salt creek of said lake: One tract of one-fourth of a section at the mouth of the river Au Vaseau contiguous to the preceding cession: and one tract of two sections near the mouth of Black-river of the river St. Clair, estimated to contain, in the aggregate, eight thousand three hundred and twenty acres, be the same more or less.

Article 2. In consideration

Proceeds of sale to be paid to the Indians.

of the foregoing cessions, the United States agree to pay to the said Indians the nett proceeds of the sale thereof, after deducting the cost of survey and sale and the contingent expenses attending the treaty. The lands shall be surveyed and offered for sale in the usual manner, at the land office in Detroit, as soon as practicable after the ratification of this treaty. A special account shall be kept at the Treasury of the amount of the sales of the said lands, and after deducting therefrom the sums hereafter stipulated, to be advanced by the United States, ten thousand dollars shall be retained by the Treasury, and shall be paid to the said Indians in annuities of one thousand dollars a year for ten years; and the residue of the fund shall be vested by the Secretary of the Treasury in the purchase of some State stock, the interest of which shall be annually paid to the said Indians like other annuities: Provided, That if at any time hereafter the said Indians shall desire to have the said stock sold, and the proceeds paid over to them, the same may be done, if the President and Senate consent thereto.

Article 3. The

Advance to be made by U. S.

United States will advance to said Indians on the ratification of this treaty, to be deducted from the avails of the lands, the sum of two thousand five hundred dollars, and also goods to the value of four thousand dollars to be purchased in New York and delivered in bulk, at their expense, to the proper chiefs at Detroit, or at such point on Lake St. Clair as the chiefs may request: together with the expenses of the treaty, the journeys of the Indians to and from Washington and their subsistence and other expenses at the seat of Government.

Article 4. The

Land west of the Mississippi to be furnished.

United States will furnish the said Indians, eight thousand three hundred and twenty acres or thirteen sections of land, west of the Mississippi or northwest of St. Anthony’s Falls, to be located by an agent or officer of the Government, and the evidence of such location shall be delivered to the chiefs.

In testimony whereof the said Henry R. Schoolcraft, commissioner as aforesaid, and the undersigned chiefs of the said bands of Chippewas have hereunto set their hands, at Washington, the seat of Government, the day and year above expressed.

HENRY R. SCHOOLCRAFT.

Esh-ton-o-quot, or Clear Sky,

Nay-gee-zhig, or Driving Clouds,

May-zin, or Checkered,

Kee-way-gee-zhig, or Returning Sky.

In presence of Samuel Humes Porter, secretary. Stephens T. Mason, gov. of Michigan. Lucius Lyon. John Holliday, interpreter. Joseph F. Mursac. George Moran.

To the Indian names are subjoined mark.

1836-08-05 Treaty 7 Stat. 505 ARTICLES OF A TREATY

Aug. 5, 1836.

Proclamation, Feb. 18, 1837.

Made and concluded at a camp near Yellow river, in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States and Pe-pin-a-wuw, No-taw-kah & Mac-kah-tah-mo-ah, chiefs and headmen of the Potawattimie tribe of Indians, and their bands on the fifth day of August in the year eighteen hundred and thirty-six.

Art. 1st. The

Land ceded to the U. S.

above named chiefs and headmen and their bands hereby cede to the United States twenty-two sections of land reserved for them by the second article of the treaty between the United States and the Potawattimie tribe of Indians on Tippecanoe

Ante, p. 394.

river, on the twenty-sixth day of October in the year eighteen hundred and thirty-two

Art. 2d. In consideration

Payment therefor.

of the cession aforesaid, the United States stipulate to pay to the above named chiefs and headmen arid their bands, the sum of fourteen thousand and eighty dollars in specie after the ratification of this treaty, and on or before the first day of May next ensuing the date hereof.

Art. 3d. The

Indians to remove within two years.

above named chiefs and headmen and their bands agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years.

Art. 4th. At the

Payment of Indian debts.

request of the above named band it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner, who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.

Art. 5th. The

U. S. to pay expenses of making treaty.

United States stipulate to provide for the payment of the necessary expences attending the making and concluding this treaty.

Art. 6th. This

Treaty binding when ratified

treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.

In testimony whereof the said Abel C, Pepper commissioner as aforesaid, and the said chiefs and headmen and their bands, have hereunto set their hands this fifth day of August, in the year of our Lord one thousand eight hundred and thirty-six.

A. C. PEPPER.

Pee-pin-ah-waw,

No-taw-kah,

Mack-kah-tah-mo-may,

Wi-aw-koos-say,

Te-cum-see,

Pam-bo-go,

Mup-paw-hue,

See-co-ase,

Co-quah-wah,

Quah-taw,

Kaw-kawk-kay,

Pis-saw,

Nas-waw-kay.

Proper chiefs of the Wabash Patawattimies

Pash-po-ho,

I-o-wah

505506TREATY WITH THE CHIPPEWAS, ETC. 1836.

O-kah-maus,

Jo-quiss,

We-wis-sah,

Nas-waw-kah,

Ash-kum,

Ku-waw-nay,

Nu-bosh,

Pah-siss,

Mat-chis-saw,

Mas-saw,

Me-shaw-ki-to-quah.

Witnesses:—J. B. Duret, Seely. E. O. Cicott. Geo. W. Ewing. Jos. Barron, Interpreter.

To the Indian names are subjoined mark.

1836-09-03 Treaty 7 Stat. 506 ARTICLES OF AGREEMENT

Sept. 3, 1836.

Proclamation, Feb. 15, 1837.

Made and concluded at Cedar Point, on Fox river, near Green bay, in the Territory of Wisconsin, this third day of September in the year of our Lord one thousand eight hundred and thirty-six between Henry Dodge, Governor of said Territory of Wisconsin, commissioner on the part of the United States, on the one part; and the chiefs and head men of the Menomonie nation of Indians, of the other part.

Article first. The

Lande ceded to the U. S.

said Menomonie nation agree to cede to the United States, all of that tract or district of country included within the following boundaries, viz. Beginning at the mouth of Wolf river, and running up and along the same, to a point on the north branch of said river where it crosses the extreme north or rear line of the live hundred thousand acre tract heretofore granted to the New York Indians: thence following the line last mentioned, in a northeastwardly direction, three miles: thence in a northwardly course, to the upper forks of the Menomonie river, at a point to intersect the boundary line between the Menomonie and Chippewa nation of Indians: thence following the said boundary line last mentioned, in an eastwardly direction as defined and established

Ante, p. 303.

by the treaty of the Little Bute des Mort, in 1827, to the Smooth rock or Shos-kin-aubie river: thence down the said river to where it empties into Green bay, between the Little and Great Bay de Noquet: thence up and along the west side of Green bay, (and including all the islands therein, not heretofore ceded) to the mouth of Fox river: thence up and along the said Fox river, and along the west side of Winnebago lake (including the islands therein) to the mouth of Fox river, where it empties into said lake: thence up and along said Fox river to the place of beginning. (saving and reserving out of the district of country above ceded and described, all that part of the five hundred thousand

Ante, p. 342.

Ante, p. 405.

acre tract, granted by the treaties between the Menomonies and the United States, made on the eighth day of February A. D. 1831, and on the twenty-seventh day of October A. D. 1832, which may be situated within the boundaries hereinbefore described,) the quantity of land contained in the tract hereby ceded, being estimated at about four millions of acres.

And

Further cession.

the said Menomonie nation do further agree to cede and relin-quish to the United States all that tract or district of country lying upon the Wisconsin river, in said Territory; and included within the follow-ing boundaries; viz—Beginning at a point upon said Wisconsin river two miles above the grant or privilege heretofore granted by said nation and the United States, to Amable Grignon; thence running up and along said river forty-eight miles in a direct line: and being three milesTREATY WITH THE MENOMONIES. 1836.507 in width on each side of said river; this tract to contain eight town-ships or one hundred and eighty-four thousand three hundred and twenty acres of land.

Article second. In consideration

Consideration therefor.

of the cession of the aforesaid tract of land, the United States agree to pay to the said Menomonie nation, at the lower end of Wah-ne-kun-nah lake in their own country, the sum of twenty-three thousand seven hundred and fifty dollars,** See note on p. 509. per annum for the term of twenty years.

The

Provisions, &c. to be supplied.

United States further agree to pay and deliver to the said Indians, each and every year during the said term of twenty years, the following articles—Three thousand dollars worth of provisions; two thousand pounds of tobacco; thirty barrels of salt; also the sum of five hundred dollars, per year, during the same term, for the purchase of farming utensils, cattle, or implements of husbandry, to be expended under the direction of the superintendant or agent. Also to appoint

Blacksmiths.

and pay two blacksmiths to be located at such places as may be designated by the said superintendant or agent, to erect (and supply with the necessary quantity of iron, steel, and tools) two blacksmith shops; during the same term.

The

Debts to be paid.

United States shall also pay the just debts of the said Menomonie Indians, agreeably to the schedule hereunto annexed, amounting to the sum of ninety-nine thousand seven hundred and ten dollars and fifty cents.** See note on p. 509.

** See note on p. 509.The

Payments to R. Grignon.

sum of one thousand dollars, per annum having been included, by the commissioner in his proposition for the purchase of the above land (which sum was to be applied to the education of the Indian youth;) and the said Indians having declared that they were not desirous of ap-plying that sum to the aforesaid purpose; and that they wished to give that amount to their friend and relation Robert Grignon; for valuable services rendered by him to their nation; therefore the United States do agree to pay to the said Robert Grignon, the sum of one thousand dollars each year during the said term of twenty years.

And

Provision for persons of mixed blood.

whereas the said Indians are desirous of making some provision and allowance to their relatives and friends of mixed blood; the United States do further agree to pay the sum of eighty thousand dollars, to be divided among al] such persons of mixed blood as the chiefs shall hereafter designate: said sum to be apportioned and divided under the direction of a commissioner to be appointed by the President.

Article third. The

U. S. released from certain provisions of treaty of 1831 and 1832.

said Menomonie nation do agree to release the United States from all such provisions of the treaty of 1831 and 1832, aforesaid, as requires the payment of farmers, blacksmiths, millers &,c. They likewise relinquish all their right under said treaty to appropriation for education, and to all improvements made or to be made upon their reservation on Fox river and Winnebago lake; together with the cattle, farming utensils or other articles furnished or to be furnish[ed] to them under said treaty.

Article 4th. The

Annuities to be paid yearly.

above annuities shall be paid yearly and every year, during the said term, in the month of June or July, or as soon thereafter as the amount shall be received; and the said Menomonie nation do agree to remove from the country ceded, within one year after the ratification of this treaty:

This

Treaty binding when ratified.

treaty shall be binding and obligatory on the contracting par-ties, as soon as the same shall be ratified by the President and Senate of the United States.

508TREATY WITH THE MENOMONIES. 1836.

Done at Cedar Point, in said Territory of Wisconsin this third day of September in the year of our Lord one thousand eight hundred and thirty-six, and in the year of the Independence of the United States the sixty-first.

H. DODGE.

Osh-kosh,

Aya-ma-taw,

Ko-ma-ni-kin,

Wain-e-saut,

Kee-sis,

Carron-Glaude,

Say-ga-toke,

Shee-o-ga-tay,

Wah-pee-min,

Isk-ki-ninew,

Ko-ma-ni-kee-no-shah,

Wah-bee-ne-mickee,

Shee-pan-ago,

Maw-baw-so,

Chin-nay-pay-mawly,

Chee-chee-go-waw-way,

Shoneon,

Et-chee-kee,

Pee-a-tum,

Pay-maw-ba-may,

Ah-kah-mute,

Pah-mun-a-kut,

Chee-kah-ma-ke-shir,

Wah-kee-che-un.

Signed and sealed in the presence of Henry S. Baird, Secretary to the Commis-sioner. George Boyd, United States Indian Agent. Charles A. Grignon, Sworn In-terpreter. William Powell, Sworn Interpreter. George M. Brooke, Bt. Brigir. Genl. R. E. Clary, U. S. Army. D. Jones. John P. Arndt. Chas. R. Brush. Louis Philipson. L. Grignon. Agt. Grignon. Samuel Ryan. William Bruce. John Drake. David Blish, jr. J. Jourdain. T. T. Porlier.

To the Indian names are subjoined marks.

Treaty 7 Stat. 508 Schedule.

It is

Claims to be paid by U. S.

agreed on the part of the United States, that the following claims shall be allowed and paid, agreeably to the second article of the foregoing treaty, viz:

To John Lawe, twelve thousand five hundred dollars;

Augustine Grignon ten thousand dollars; William Powell and Robert Grignon four thousand two hundred and fifty dollars; Charles A. Grignon ten thousand dollars; John Lawe & Co., six thousand dollars; Walter T. Webster one hundred dollars; John P. Arndt five hundred and fifty dollars; William Farnsworth and Charles R, Brush two thousand five hundred dollars; James Porlier, seven thousand five hundred dollars; Heirs of Louis Beaupre one thousand five hundred dollars; Dominick Brunette two hundred and thirty-one dollars and fifty cents; Alexander J. Irwin, one thousand two hundred and fifty dollars; American Fur Co. (western outfit) four hundred dollars; Charles Grignon one thousand two hundred dollars; Joseph Rolette one thousand seven hundred and fifty dollars; Charles A. and Alexander Grignon seven hundred and fifty dollars; James Reed seven hundred dollars; Peter Powell one thousand seven hundred and fifty dollars; Paul Grignot; five thousand five hundred dollars; William Dickinson three thousand dollars; Robert M. Eberts seventy-four dollars; Joseph Jourdain fifty dollars; James Knaggs five hundred and fifty dollars ($550;) Ebenezer Childs two hundred dollars; Lewis Rouse five thousand dollars; William Farnsworth two thousand five hundred dollars; TREATY WITH THE MENOMONIES. 1836.509 Saml. Irwin & Geo. Boyd jr. one hundred and five dollars; Aneyas Grignon two thousand five hundred dollars; Pierre Grignon deed, by Rob. & Peter B. Grignon six thousand dollars; Stanislius Chappue one hundred dollars; John Lawe one thousand two hundred dollars; William Dickinson two hundred and fifty dollars; Stanislius Chappue two thousand five hundred dollars; Lewis Grignon seven thousand two hundred and fifty dollars. H. DODGE, Commissioner.

All the above accts were sworn to before me the 3d day of September 1836.

JOHN P. ARNDT, A Justice of the Peace.

[Note.—This treaty was ratified with the following amendments thereto, as expressed in the aforesaid resolution of the Senate:

After the word “country” in line 4 of article 2d strike out the words “the sum of twenty-three thousand seven hundred and fifty.” and insert the following words in lieu thereof—or at such other place as may be designated by the President of the United States, the sum of twenty thousand.

After the word “cents,” at the end of the third paragraph of the second article, in-sert the following words. Provided, always. That no part or portion of said debts shall be paid until the validity and justice of each of them, shall have been inquired into by the Superintendent of Indian Affairs, who shall in no instance increase the amount spe-cified in said schedule, but who shall allow the sum specified, reject it entirely, or reduce it as upon examination and proof may appear just, and if any part of said sum is left after paying said debts so adjudged to be just, thon such surplus shall be paid to the said Indians for their own use.

Strike out the fourth paragraph of the second article in the following words: “Tho sum of one thousand dollars per annum having been included by the commissioner, in his proposition for the purchase of the above land (which sum was applied to the edu-cation of the Indian youth) and the said Indians having declared that they were not desirous of applying that sum to the aforesaid purpose, and that they wished to give that amount to their friend and relation Robert Grignun, for valuable services rendered by him to their nation, therefore, the United States do agree to pay to the said Robert Grignon the sum of one thousand dollars, each year, during the said term of twenty years.”

At the end of the second article insert the following proviso: Provided, always. That no person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person who may have received any allowance under any previous treaty. The portions of this fund allowed by the commissioner to those half-breeds who are orphans, or poor or incompetent to make a proper use thereof, shall be paid to them in instalments or otherwise as the President may direct.

At the end of the third article insert the following words: And in consideration of said release and relinquishment, the United States stipulate and agree that the sum of seventy-six thousand dollars shall be allowed to the said Indians, and this sum shall be invested in some safe stock and the interest thereof as it accrues shall also be so vested until such time as in the judgment of the President, the income of the aggregate sum can lie usefully applied to the execution of the provisions in the said fourth article, or to some other purposes beneficial to the said Indians.]

1836-09-10 Treaty 7 Stat. 510 CONVENTION WITH THE SIOUX OF WA-HA-SHAW’S TRIBE.

Sept. 10, 1836.

Proclamation, Feb. 15, 1837.

a convention held this tenth day of September 1836, between Col. Z. Taylor Indian Agent, and the chiefs, braves, and principal men of the Sioux of Wa-ha-shaw’s tribe of Indians, it has been represented, that according to the stipulations of the first article of the treaty of Prairie

Ante, p. 328.

du Chien, of the 15th July 1830, the country thereby ceded is “to be assigned and allotted under the direction of the President of the United States, to the tribes now living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes.” and, whereas, it is further represented to us, the chiefs, braves, and principal men of the tribe aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be ex-tinguished but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the. treaty aforesaid, the stipulations thereof will be strictly observed, until the assent of the Indians interested, is given to the proposed measure.

Now

Lands ceded to the U. S,

we, the chiefs, braves, and principal men of the above named tribe of Indians, fully understanding the subject, and well satisfied from the local position of the lands in question that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by pre-senting a natural boundary between the whites and Indians: and, willing moreover, to give the United States a renewed evidence of our attachment & friendship, do hereby for ourselves, and on behalf of our respective tribes, (having full power and authority to this effect) forever cede, relinquish, and quit claim to the United States, all our right, title and interest of whatsoever nature in, and to, the lands lying between the State of Missouri and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied under the treaty of Prairie du Chien aforesaid or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.

In testimony whereof, we have hereunto set our hands and seals, the day and year above written.

Sau-tabe-say-wa-ha-shaws’ son,

Wau-kaun-hendee-oatah,

Nau-tay-sah-pah,

Mauk-pee-au-cat-paun,

Hoo-yah, the Eagle.

Executed in presence of H. L. Dousman. W. R. Jouett, Capt. 1st inf’y. J. M. Scott, Lieut. 1st inf’y. Geo. H. Pegram, Lt. 1st inf.

To the Indian names are subjoined mark.

As a proof

Presents to be made by U. S.

of the continued friendship and liberality of the United States towards the above named tribe of Indians, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned agrees on behalf of510TREATY WITH THE IOWAS, ETC. 1836.511 the United States, to cause said tribes to be furnished with presents to the amount of four hundred dollars—in goods or in money.

In testimony whereof I have hereunto set my hand and seal this tenth day of September 1836.

Z. TAYLOR Col U. S. Army & Actg. U. S. Indian Agent.

1836-09-17 Treaty 7 Stat. 511 ARTICLES OF A TREATY,

Sept. 17, 1836.

Proclamation, Feb. 17, 1837.

Made and concluded at Fort Leavenworth, on the Missouri river, between William Clark, Superintendent of Indian Affairs, on the part of the United States, of the one part, and the undersigned chiefs, warriors, and counsellors of the Ioway tribe and the band of Sacks and Foxes of the Missouri, (residing west of the State of Missouri,) in behalf of their respective tribes, of the other part.

Article 1. By the

Treaty of July 15, 1830.

Ante, p. 328.

first article of the treaty of Prairie du Chien, held the fifteenth day of July eighteen hundred and thirty, with the confederated tribes of Sacks, Foxes, Ioways, Omahaws, Missourias, Ottoes, and Sioux, the country ceded to the United States by that treaty, is to be assigned and allotted under the direction of the President of the United States to the tribes living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes.—And whereas it is further represented to us the chiefs, warriors, and counsellors of the Ioways and Sack and Fox band aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river, should be attached to and become a part of said State, and the Indian title thereto, be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure.

Now we

Lands ceded to the U. S.

the chiefs, warriors, and counsellors of the Ioways, and Missouri band of Sacks and Foxes, fully understanding the subject, and well satisfied from the local position of the lands in question, that they never can be made available for Indian purposes, and that an attempt to place an Indian population on them, must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated would have a happy effect, by presenting a natural boundary between the whites and Indians; and willing, moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby for ourselves, and on behalf of our respective tribes, (having full power and authority to this effect,) forever cede, relinquish, and quit claim, to the United States, all our right, title, and interest of whatsoever nature in, and to, the lands lying between the State of Missouri and the Missouri river; and do freely and fully exonerate the United States from any guarantee; condition or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.

As a proof of the continued friendship and liberality of the United512TREATY WITH THE IOWAS, ETC. 1836. States

U. S. to pay ns a present, $7,500.

towards the Ioways and band of Sacks and Foxes of the Missouri, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned, William Clark, agrees on behalf of the United States, to pay as a present to the said Ioways an 1 band of Sacks and Foxes, seven thousand five hundred dollars in money, the receipt of which they hereby acknowledge.

Article 2. As the

Land assigned to Indians south of the Missouri river.

said tribes of Ioways and Sacks and Foxes, have applied for a small piece of land, south of the Missouri, for a permanent home, on which they can settle, and request the assistance of the Government of the United States to place them on this land, in a situation at least equal to that they now enjoy on the land ceded by them; Therefore I, William Clark, Superintendent of Indian Affairs, do further agree on behalf of the United States, to assign to the Io way tribe, and Missouri band of Sacks and Foxes, the small strip of land on the south side of the Missouri river, lying between the Kickapoo northern boundary line and the Grand Nemahar river, and extending from the Missouri back and westwardly with the said Kickapoo line and the Grand Nemahar, making four hundred sections; to be divided between the said Ioways and Missouri band of Sacks and Foxes, the lower half to the Sacks and Foxes, the upper half to the Ioways.

Article 3. The

U. S. to erect houses, enclose ground, furnish a farmer, &c.

Ioways and Missouri band of Sacks and Foxes further agree, that they will move and settle on the lands assigned them in the above article, as soon as arrangements can be made by them; and the undersigned William Clark, in behalf of the United States, agrees, that as soon as the above tribes have selected a site for their villages, and places for their fields, and moved to them, to erect for the Ioways five comfortable houses, to enclose and break up for them two hundred acres of ground; to furnish them with a firmer, a blacksmith, schoolmaster, and interpreter, as long as the President of the United States may deem proper; to furnish them with such agricultural implements as may be necessary, for five years; to furnish them with rations for one year, commencing at the time of their arrival at their new homes; to furnish them with one ferry-boat; to furnish them with one hundred cows and calves and five bulls, and one hundred stock hogs when they require them; to furnish them with a mill, and assist in removing them, to the extent of five hundred dollars. And to erect for the Sacks and Foxes three comfortable houses; to enclose and break up for them two hundred acres of ground; to furnish them, with a farmer, blacksmith, schoolmaster, and interpreter, as long as the President of the United States may deem proper; to furnish them with such agricultural implements as may be necessary, for five years; to furnish them with rations for one year, commencing at the time of their arrival at their new home; to furnish them with one ferry-boat; to furnish them with one hundred cows and calves and five bulls, one hundred stock hogs when they require them; to furnish them with a mill; and to assist in removing them, to the extent of four hundred dollars.

Article 4. This

Treaty binding when ratified.

treaty shall be obligatory on the tribes, parties hereto, from and after the date hereof, anti on the United States from and after its ratification by the Government thereof.

Done and signed and sealed at Fort Leavenworth, on the Missouri, this seventeenth day of September, one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first.

WM. CLARK, Su. In. Afs. TREATY WITH THE POTTAWATIMIES. 1836.513

Ioways.

Mo-hos-ca (or White Cloud)

Nau-che-Ning (or No Heart)

Wa-che-mo-ne (or the Orator)

Ne-o-mo-ne (or Raining Cloud)

Mau-o-mo-ne (or Pumpkin)

Congu (or Plumb)

Wau-thaw-ca-be-chu (one that eats raw)

Ne-wau-thaw-chu (Hair Shedder)

Mau-hau-ka (Bunch of Arrows)

Cha-tau-the-ne (Big Bull)

Cha-tea-thau (Buffalo Bull)

Cha-ta-ha-ra-wa-re (Foreign Buffalo)

Sacs and Foxes.

Cau-ca-car-mack (Rock Bass)

Sea-sa-ho (Sturgeon)

Pe-a-chin-a-car-mack, (Bald-headed Eagle)

Pe-a-chin-a-car-mack, jr., (Bald-headed Eagle)

Ca-ha-Qua (Red Fox)

Pe-shaw-ca (Bear)

Po-cau-ma (Deer)

Ne-bosh-ca-wa (Wolf)

Ne-squi-in-a (Deer)

Ne-sa-au-qua (Bear)

Qua-co-ou-si (Woll)

Se-quil-la (Deer)

As-ke-pa-ke-ka-as-a (Green Lake)

Wa-pa-se (Swan)

No-cha-taw-wa-ta-sa (Star.)

Witnesses:—S. W. Kearney, Col. 1st Regt. Drags. Jno. Dougherty, Ind. Agt. Andrew S. Hughes, Sub-Agent George R. H. Clark. William Duncan, Indian Farmer. Jos. V. Hamilton, Sutler Dragoons. H. Robed ou, jr. Win, Bowman, Sergt Maj. 1 Drags. Jeffrey Dorion, Sworn Interpreter. Peter Cadue, Sworn Interpreter. Jacques Mette, Interpreter U. S. Louis M. Darrion.

To the Indian names are subjoined a mark and seal.

1836-09-20 Treaty 7 Stat. 513 ARTICLES OF A TREATY

Sept. 20, 1836.

Proclamation, Feb. 18, 1837.

Made and concluded at Chippewanaung in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States, and To-i-sa’s brother Me-mat-way and Che-quaw-ka-ko, chiefs and headmen of the Patawattimie tribe of Indians and their band on the twentieth day of September, in the year eighteen hundred and thirty-six.

Art. 1. The

Land ceded ta the U. S.

above-named chiefs and headmen and their band hereby cede to the United States, ten sections of land reserved for them by the second article of the treaty between the United States, and the Patawattimie tribe of Indians,

Ante, p. 399.

on Tippecanoe river, on the 27th day of October, in the year 1832.

Art. 2. In

Payment therefor.

consideration of the cession aforesaid the United States stipulate to pay the above-named chiefs and headmen and their band the sum of eight thousand dollars on or before the first day of May next.

Art. 3. The

Indians to remove within two years.

above-named chiefs and headmen and their band agree to remove to the country west of the Mississippi river, provided for the Patawattimie nation by the United States, within two years.

Art. 4. At the

Payment of Indian debts.

request of the above-named band, it is stipulated that after the ratification of this treaty the United States shall appoint a commissioner who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.

Art. 5. The

U. S. to pay expenses of making treaty.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 6. This

Obligatory when ratified.

treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.

514TREATY WITH THE POTTAWATIMIES. 1836.

In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs and headmen and their band have hereunto set their hands this twentieth day of September, in the year eighteen hundred and thirty-six.

ABEL C. PEPPER.

We-we-sah, or To-i-sa’s brother,

Me-mot-way,

Che-quaw-ka-ko,

Min-tom-in,

Shaw-gwok-skuk,

Mee-kiss, or Kawk’s widow.

Witnesses:—J. B. Duret, Secty. Allen Hamilton. Cyrus Taber. Geo. W. Ewing. James Moree. Abram Burnett.

To the Indian names are subjoined mark.

1836-09-22 Treaty 7 Stat. 514 ARTICLES OF A TREATY

Sept. 22, 1836.

Proclamation, Feb. 16, 1837.

Made and concluded at Chippewanaung—in the State of Indiana between A. C. Pepper, commissioner on the part of the United States and Mosack, chief of the Potawattimie tribe of Indians and his band, on the twenty-second day of September, in the year eighteen hundred and thirty-six.

Art. 1. The

Land ceded to the U. S.

above-named chief and his band hereby cede to the United States four sections of land reserved for him and his band by the 2nd article of the treaty between the United States, and the Potawattimie tribe

Ante, p. 399.

of Indians, on Tippecanoe river, on the 27th day of October, in the year eighteen hundred and thirty-two.

Art. 2nd. In

Payment therefor.

consideration of the cession aforesaid, the United States stipulate to pay the above-named chief and his band the sum of three thousand two hundred dollars, on or before the first of May next.

Art. 3d. The

Indians to remove within two years.

above-named chief and his band agree to remove to the country west of the Mississippi river provided for the Potawattimie nation by the United States within two years.

Art. 4. At the

Payment of Indian debts.

request of the above-named chief and his band, it is stipulated that after the ratification of this treaty the United States shall appoint a commissioner who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the second article of this treaty.

Art. 5. The

U. S. to pay expenses of making treaty.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 6. This

Treaty binding when ratified.

treaty after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.

In testimony whereof, the said A. C. Pepper, commissioner as aforesaid, and the said chief and his band, have hereunto set their hands, the day and year first above written.

A. C. PEPPER, Commissioner.

Mo-sack,

Nawb-bwitt,

Skin-cheesh,

Spo-tee,

Naw-squi-base,

Mose-so.

Witnesses:—J. B. Duret, Secty. Geo. W. Ewing. Andrew Gosselin. Bennack.

To the Indian names are subjoined marks.

1836-09-23 Treaty 7 Stat. 515 ARTICLES OF A TREATY

Sept. 23, 1836.

Proclamation, Feb. 18, 1837.

Made and concluded at Chippe-way-naung in the State of Indiana, on the twenty-third day of September in the year one thousand eight hundred and thirty-six, between Abel C. Pepper commissioner on the part of the United States, and the chiefs, warriors and headmen of the Potawattamie Indians of the Wabash.

Art. 1. The

Cession to the United States.

chiefs, warriors and headmen of the Potawattamies of the Wabash hereby cede to the United States, all the land belonging to the said tribe, in the State of Indiana, and designated in the treaty of 1832, (between Jonathan Jennings, John W. Davis and Marks Crume,

Ante, p. 399.

commissioners of the United States, and the chiefs and warriors of the Potawattimies of the State of Indiana, and Michigan Territory) as reservations for the use of the following bands viz.

For the band of Kin-krash, four sections	4 sec.
For the band of Che-chaw-kose, ten sections	10 do.
For the band of Ash-kum and Wee-si-o-nas, sixteen sections	16 do.
For the band of We-saw, four sections	4 do.
For the band of Mo-ta, four sections	4 do.
For the bands of Mi-no-quet, four sections	4 do.
	42

Art. 2. In

Payment therefor.

consideration of the cession aforesaid the United States stipulate to pay the above chiefs, warriors and headmen of the Potawattimie nation one dollar and twenty-five cents per acre or thirty-three thousand six hundred dollars, (33,600) in specie, on or before the first of May, in the year eighteen hundred and thirty-seven.

Art. 3. The

Indians to remove within two years.

above-named chiefs, warriors and headmen of the Potowattimies of the Wabash agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years.

Art. 4. At the

Payment of Indian debts.

request of the above-named chiefs, warriors and headmen of the Potawattimies aforesaid, it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner who shall be authorized to pay such debts of said Wabash Potawattimies as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2d article of this treaty.

Art. 5. The

U. S. to pay expenses of making treaty.

United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

Art. 6. This

Treaty binding when ratified.

treaty shall be binding upon the parties aforesaid from the date of its ratification by the President and Senate of the United States.

In testimony whereof the said Abel C. Pepper, commissioner as aforesaid and the said chiefs, warriors and headmen of the Potawattimies of the Wabash, have hereunto set their hands the day and year first above written.

ABEL C. PEPPER, Commissioner. 515 516CONVENTION WITH THE SACS AND FOXES. 1836.

Pash-po-ho,

O-koh-mause,

Jo-weh,

Mjo-quiss,

We-wis-sah,

Pe-pin-a-waw,

No-taw-kah,

Po-kah-gause,

Nas-waw-ray,

Ash-kum,

Ke-waw-nay,

Mat-che-saw,

Ne-boash,

Mee-shawk,

Che-kaw-me,

Kaw-te-nose,

Saw-waw-quett,

W-daw-min,

Kaw-we-saut.

Witnesses:—J. B. Duret, Secretary. E. O. Cicott. J. P. Simonton, Capt. 1st Regt. U, S. Drags. Joseph Barron, Interpreter. Allen Hamilton. Cyrus Vigus. Job B. ELridge. Peter Barron.

To the Indian names are subjoined mark.

The above-named chiefs acknowledge themselves to be justly indebted to Hamilton and Comperet in the sum of eight hundred dollars, and request that it may be paid and deducted from the consideration named in the above treaty.

1836-09-27 Treaty 7 Stat. 514 CONVENTION WITH THE SAC AND FOX TRIBE.

Sept. 27, 1836.

Proclamation, Feb. 15, 1837.

a convention held this twenty-seventh day of September 1836, between Henry Dodge Superintendant of Indian Affairs, and the chiefs, braves, and principal men of the Sac and Fox tribe of Indians, it has been represented, that according to the stipulations of the first article of the

Ante, p. 328.

treaty of Prairie du Chien, of the 15th July 1830, the country thereby ceded, is “to be assigned and allotted under the direction of the President of the United States, to the tribes now living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes.” And, whereas, it is further represented to us, the chiefs, braves, and principal men of the tribe aforesaid, to be desirable that the lands lying between the State of Missouri and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure.

Now,

Lands ceded to U. S.

we the chiefs, braves, and principal men of the Sac and Fox tribes of Indians, fully understanding the subject, and well satisfied from the local position of the lands in question, that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by presenting a natural boundary between the whites and Indians; and, willing moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby, for ourselves, and on behalf of our respective tribes (having full power and authority to this effect) for-ever cede, relinquish, and quit claim to the United States, all our right, title, and interest of whatsoever nature in, and to, the lands lying be-tween the State of Missouri and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same what-ever shall seem expedient or necessary.

CONVENTION WITH THE SACS AND FOXES. 1836.517

In testimony whereof, we have hereunto set our hands and seals, the day and year first above written.

Executed in presence of

H. DODGE.

Wa-pa-ca,

Po-we-seek,

Qui-ya-ni-pe-na,

Au-sa-wa-kuk,

Wa-ko-sa-see,

Sa-sa-pe-ma,

Ma-wha-wi,

Wa-pa-sa-kun,

Pa-ka-ka,

We-se-au-ke-no-huck,

Ka-ha-kee,

Na-a-huck,

Nau-a-wa-pit,

Keo-kuck,

Pa-she-pa-ho,

W e-she-oa-ma-quit,

Ap-pi-nuis,

Pe-at-shin-wa,

W a-po-pa-nas-kuck,

Wa-ta-pe-naut,

Pa-na-see,

Ma-ke-no-na-see,

Na-che-min.

In presence of us, James W. Grimes, Secty. of Commission. Jos. M. Street, Ind. Apt. Ant. St. Clair, Interpreter. Frans. Labussir, Interpreter. James Craig. Jeremiah Smith. Nathl. Knapp. Daniel Geire. Brasilia H. Bassett. Geo. Catlin. Robt. Serrell Wood.

To the Indian names are subjoined mark and seal.

1836-09-28 Treaty 7 Stat. 517 ARTICLES OF A TREATY

Sept. 28, 1836.

Proclamation, Feb. 27, 1837.

Made and entered into at the treaty ground on the right hank of the Mississippi river in the county of Debuque and Territory of Wisconsin opposite Rock island, on the twenty-eighth day of September one thousand eight hundred and thirty-six, between henry Dodge commissioner on the part of the United States, of the one part, and the confederated tribes of Sac and Fox Indians represented in general council by the undersigned chiefs headmen and warriors of the said tribes, of the other part.

Whereas

Ante, p. 374.

by the second article of the treaty made between the United States and the confederated tribes of Sac and Fox Indians on the twenty-first day of September one thousand eight hundred and thirty-two, a reservation of four hundred sections of land was made to the Sac and Fox Indians to be laid off under the direction of the President of the United States in conformity to the provisions of said article, and the same having been so subsequently laid out accordingly, and the confederated tribes of Sacs and Foxes being desirous of obtaining additional means of support, and to pay their just creditors have entered into this treaty, and make the following cession of land.

Article 1. The

Land ceded to the U. S.

confederated tribes of Sacs and Foxes for the purposes above expressed, and for and in consideration of the stipulations and agreements hereinafter expressed, do hereby cede to the United States forever, the said reservation of four hundred sections of land as designated in the second article of the treaty made between the United States and the confederated tribes of Sacs and Foxes as the same has been surveyed and laid off by order of the President of the United States.

Article 2. In consideration of the cession contained in the preceding518CONVENTION WITH THE SACS AND FOXES. 1836. article,

Payments by the U. S.

the United States hereby agree as follows, to wit; To pay to the confederated tribes of the Sac and Fox Indians in the month of June one thousand eight hundred and thirty-seven, the sum of thirty thousand dollars, and fur ten successive years thereafter the sum of ten thousand dollars each year in specie, to be paid at the treaty ground opposite Rock island;** See note on p. 519. to pay to the widdow and children of Felix St. Urain, deceased, former Indian agent who was killed by the Indians, one thousand dollars;** See note on p. 519. to pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half untill the same can be paid out of their annuities, for which purpose the Sacs and Foxes will set apart the sum of five thousand dollars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities to be paid upon said debts in the proper proportion untill the whole amount is discharged; to wit: to John Campbell ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPhearson two hundred and fifty dollars, to S. S. Phelps &, Co. four thousand dollars, to Jesse W. Shull five hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to the owners of the S. Boat Warrior one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-three dollars and fifty cents, to Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Miss Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte Chouteau & Co. twenty thousand three hundred and sixty-two dollars, and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars.

Article 3. The

U.S. to furnish 200 horses.

United States further agree to deliver to the confederated tribes of Sacs and Foxes two hundred horses, as near that number as can be procured with the sum of nine thousand three hundred and forty-one dollars, to be delivered at the payment of the annuities in June one thousand eight hundred and thirty-seven.

Article 4. At the

Provision for half-breeds.

special request of the Sac and Fox Indians aforesaid, the United States agree to make the following provision for the benefit and support of seven half-breeds of the Sac and Fox nation, to wit; The United States agree to pay to——Wayman for the use and benefit of his half-breed child by a Fox woman named Ni-an-no, one thousand dollars, to Wharton R. McPhearson, for the use and benefit of his half-breed child by To-to-qua, a Fox woman, one thousand dollars, to Janies Thorn for the use and benefit of his half-breed child by Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph Smart for the use of his half-breed child by Ka-ti-qua a Fox woman one thousand dollars, to Nathan Smith for the use and benefit of his half-breed child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph M. Street, Indian agent, two thousand dollars for the use and benefit of two half-breed children, one the child of Niwa-ka-kee a Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two thousand dollars to be put at interest, and so much of said interest arising therefrom to be expended for the benefit of the children as said agent shall deem proper and necessary, and when each shall arrive at the age of twenty years, the said agent shall pay to each half-breed oneCONVENTION WITH THE SACS AND FOXES. 1836.519 thousand dollars and any balance of interest remaining in his hands at the time.

Article 5. At the

Provision for the children of John Connoly, deceased.

special request of the said confederated tribes of Sac and Fox Indians it is further agreed by the United States, to pay to Joseph M. Street, their agent, two hundred dollars for the use and benefit of Thompson Connoly and James Connoly children of their friend John Connoly deceased, to be by said agent put at interest and expended on the education of said Thompson and James Connoly, children of said John Connoly deceased.

Article 6. The

Removal of Indians.

said confederated tribes of Sac and Fox Indians hereby stipulate and agree to remove from off the lands herein in the first article of this treaty ceded to the United States, by the first day of November next ensuing the date hereof, and in order to prevent any future misunderstanding, it is expressly agreed and understood that no band or party of the said confederated tribes of Sac and Fox Indians, shall plant, fish or hunt on any portion of the country herein ceded after the period just mentioned.

Article 6. This

Treaty binding when ratified.

treaty shall be obligatory on the contracting parties after it shall be ratified by the President and Senate of the United States.

Done at the treaty ground on the right bank of the Mississippi in Debuque county Wisconsin Territory opposite Rock island this twenty-eighth day of September one thousand eight hundred and thirty-six.

H. DODGE.

A-sho-wa-huk,

Ma-sha-na,

Wa-ko-sha-she,

Sa-sa-pe-man,

Na-wo-huck,

Pen-na-see.

Foxes.

Wa-pella,

Pow-a-sheek,

Qua-qua-na-pe-qua,

Wa-pak-on as-kuck,

Wa-tup-a-waut,

Ma-kee-won-a-see,

Ka-ka-no-an-na.

Sacs.

Kee-o-kuck,

Pashapahoo,

We-she-ko-ma-quit,

Ap-a-noose,

Pe-a-chin-wa,

Mo-wha-wi,

Wa-pe-sha-kon.

In presence of us: James W. Grimes, Secty. of Commission. Jos. M. Street, Indian Agent. L. Dorsey Stockton, jr, Attorney at law. Ant. Lcclaire, Interpreter. Frans. Labussar, Interpreter. James Craig. P. R. Chouteau, jr. Geo, Davenport. Nathl. Knapp. W. R. McPherson. Geo, W, Atchison. Jeremiah Smith. Nathan Smith. Robt. Serrell Wood, Geo. Catlin. Richard J. Lockwood. Enoch Gilbert Courtlandt Lawson. George Miller, jr. Courtlandt Lawson.

To the Indian names are subjoined mark and seal.

[Note.—This treaty was ratified with the following amendments thereto, as expressed in the resolution of the Senate:

After the word “island” in the third line of the second article, insert the following words: Or such ol her place as may be designated by the President of the United States.

After the word “dollars” in the third line of the second article, strike out the residue of said article in the following words: To pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half until the same can be paid out of their annulties, for which purpose the Sacs and Foxes will set apart the sum of five thousand dot lars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities, to be paid upon said debts in the proper proportion until the whole amount is discharged, to wit: to John Campbell ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPherson two hundred and fifty dollars, to S. 8. Phelps & Co. four thousand dollars, to Jesse W. Shull five520CONVENTION WITH THE SACS AND FOXES. 1836. hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to die owners of the steamboat Warrior, one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-throe dollars and fifty cents, io Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Misa Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte, Chouteau, & Co, twenty thousand three hundred and sixty-two dollars and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars.

After the word “dollars” in the third line of the second article insert the following in lieu of the words stricken out:

And also to pay the sum of forty-eight thousand four hundred and fifty-eight dollars, eighty-seven and a half cents to enable said Indians to pay such debts as may be ascertained by their superintendent to be justly due from them to individuals, and if said debts so ascertained to he just amount to more than said sum then the same shall be divided among said creditors pro rata; and if less, then the overplus to be paid to said Indians for their own use.

The Ioway Indians having set up a claim to a part of the lands ceded by this treaty, it is therefore hereby provided, that the President of the United States shall cause the validity and extent ol said claim to be ascertained, and upon a relinquishment of said claim to the United States, he shall cause the reasonable and fair value thereof to be paid to said Ioway Indians, and the same amount to be deducted from the sum stipulated to be paid to the Sacs and Foxes.]

1836-09-28 Treaty 7 Stat. 517 ARTICLES OF A TREATY

Sept. 28, 1836.

Proclamation, Dec. 13, 1837.

Made and entered into at the treaty ground on the right bank of the Mississippi river in the county of Dubuque and Territory of Wisconsin opposite Rock island, on the twenty-eighth day of September one thousand eight hundred and thirty-six, between Henry Dodge commissioner on the part of the United States, of the one part, and the confederated tribes of Sac and Fox Indians represented in general council by the undersigned chiefs, headmen and warriors of the said tribes, of the other part:** It has been deemed proper to insert part of the proclamation in relation to this treaty.

Whereas

Ante, p. 374.

by the second article of the treaty made between the United States and the confederate tribes of the Sac and Fox Indians on the twenty-first day of September one thousand eight hundred and thirty-two, a reservation of four hundred sections of land was made to the Sac and Fox Indians to be laid off under the directions of the President of the United States in conformity to the provisions of said article, and the same having been so subsequently laid out accordingly, and the confederated tribes of Sacs and Foxes being desirous of obtaining additional means of support, and to pay their just creditors, have entered into this treaty, and make the following cession of land.

Article 1. The

Land ceded to die U. S.

Article 2. In consideration of the cession contained in the pre-CONVENTION WITH THE SACS AND FOXES. 1836.521ceding article, the United States hereby agree as follows, to wit; To

Consideration therefor.

pay to the confederated tribes of the Sac and Fox Indians in the month of June one thousand eight hundred and thirty-seven, the sum of thirty thousand dollars, and for ten successive years thereafter the sum of ten thousand dollars each year in specie, to be paid at the treaty ground opposite Rock island;** See amendment (1) in the ratification. to pay to the widdow and children of Felix St. Vrain deceased former Indian agent who was killed by the Indians, one thousand dollars; to pay to the following named persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by the confederated tribes of Sacs and Foxes to their creditors, provided said creditors will wait for the other half untill the same can be paid out of their annuities, for which purpose the Sacs and Foxes will set apart the sum of five thousand dollars each year, beginning in one thousand eight hundred and thirty-eight, out of their annuities to be paid upon said debts in the proper proportion untill the whole amount is discharged; to wit: to John Campbel! ten thousand dollars, to Jeremiah Smith six hundred and forty dollars, to Stephen Dubois three hundred and five dollars and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton R. McPhearson two hundred and fifty dollars, to S. S. Phelps &. Co. four thousand dollars, to Jesse W. Shull five hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farrar one hundred dollars, to the owners of the S. boat Warrior, one hundred and sixty-two dollars and seventy-five cents, to George Davenport two thousand five hundred and sixty-three dollars and fifty cents, to Madame St. Ament five hundred dollars, to Madame Joseph Gunville five hundred dollars, to Madame Le Claire one hundred and twenty-five dollars, to Miss Blondeau one hundred and twenty-five dollars, to Antoine Le Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Labachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Pratte Chouteau &, Co. twenty thousand three hundred and sixty-two dollars, and forty-two and a half cents, to Nathaniel Patterson four hundred and fifty-six dollars.†† See amendment (2) in the ratification.

Article 3. The

200 horses to be furnished by the U. S.

Article 4. At the

Provision for half-breeds.

special request of the Sac and Fox Indians aforesaid, the United States agree to make the following provisions for the benefit and support of seven half-breeds of the Sac and Fox nation, to wit; The United States agree to pay to——Wayman for the use and benefit of his half-breed child by a Fox woman named Ni-an-no, one thousand dollars, to Wharton R. McPhearson for the use and benefit of his half-breed child by To-to-qua, a Fox woman, one thousand dollars, to James Thorn for the use and benefit of his half-breed child by Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph Smart for the use of his half-breed child by Ka-ti-qua a Fox woman one thousand dollars, to Nathan Smith for the use and benefit of his half-breed child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph M. Street Indian agent, two thousand dollars for the use and benefit of two half-breed children, one the child of Niwa-ka-kee a Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two thousand dollars to be put at interest, and so much of said interest arising therefrom to be expended for the benefit of the children as said agent shall deem proper and necessary, and when each shall arrive at the age522CONVENTION WITH THE SACS AND FOXES. 1836. of twenty years, the said agent shall pay to each half-breed one thousand dollars and any balance of interest remaining in his hands at the time.

Article 5. At the

Provision for the children of John Connoly, deceased.

special request of the said confederated tribes of Sac and Fox Indians it is further agreed by the United States, to pay to Joseph M. Street their agent, two hundred dollars for the use and benefit of Thompson Connoly and James Connoly children of their friend John Connoly deceased, to be by said agent put at interest and expended on the education of said Thompson and James Connoly children of said John Connoly deceased.

Article 6. The

Removal of Indians.

Article 6. This

Treaty binding when ratified.

treaty shall be obligatory on the contracting parties after it shall be ratified by the President and Senate of the United States.

H. DODGE.

A-sho-wa-huk,

Ma-sha-na,

Wa-ko-sha-she,

Sa-sa-pe-man,

Na-wo-huck,

Pen-na-see.

Foxes.

Wa-pella,

Pow-a-sheek,

Qua-qua-na-pe-qua,

Wa-pak-on as-kuck,

Wa-tup-a-waut,

Ma-kee-won-a-see,

Ka-ka-no-an-na.

Sacs.

Kee-o-kuck,

Pashapahoo,

We-she-ko-ma-quit,

Ap-a-noose,

Pe-a-chin-wa,

Mo-wha-wi,

Wa-pe-sha-kon.

In presence of us: James W. Grimes, Sect’y of Commission. Jos. M. Street, Indian Agent. L. Dorsey Stockton, jr. Attorney at Law. Ant. Leclaire, Interpreter. Frans. Labussar, Interpreter. James Craig. P. R. Chouteau, jr. Geo. Davenport. Nathl. Knapp, W. R. McPherson. Geo. W. Atchison. Jeremiah Smith. Nathan Smith. Robt Serrell Wood. Geo. Catlin. Richard J. Lockwood. Enoch Gilbert. Courtlandt Lawocn. George Miller, jr. Courtlandt-Lawson.

To the Indian names are subjoined a mark and seal.

And whereas the said treaty having been submitted to the Senate of the United States, for their advice and consent in respect to its ratification, the said Senate, did, on the twenty-fifth day of February, one thousand eight hundred and thirty-seven, advise and consent to the ratification thereof with certain amendments.

And whereas, Andrew Jackson, then President of the United States of America, did on the twenty-seventh day of February, one thousand eight hundred and thirty-seven, in pursuance of the advice and consent of the Senate, as expressed in their resolution aforesaid, accept, ratify, and confirm the said treaty with the amendments thereto set forth in the said resolution.

And whereas the said Indians having subsequently refused their as-CONVENTION WITH THE SACS AND FOXES. 1836.523sent to one of the said amendments, the Senate of the United States, the said treaty having been again submitted to their consideration, did, on the thirteenth day of October, one thousand eight hundred and thirty-seven, resolve as follows, viz:

“Whereas in the second article of the treaty made with the confederated tribe of Sac and Fox Indians, dated the 28th day of September, 1836, provision is made for the payment of sundry debts said to be due from said Indians to the several individuals, whose names are mentioned in said article, and whereas the said treaty was submitted by the President of the United States to the Senate for advice, as to its ratification, and whereas the Senate advised the ratification of said treaty with sundry amendments, and among them recommended, that the provision before mentioned for the payment of said debts to the individuals named should be stricken out, and in lieu thereof a provision inserted by which the sum of forty-eight thousand four hundred and fifty-eight dollars, eighty-seven and an half cents should be applied to the payment of such debts as should be found to be due by the superintendent of said Indians &c; and whereas the said Indians have refused to give their assent to said amendments;

“Therefore it is now resolved, two-thirds of the Senators present concurring, that the Senate do advise and consent to the ratification of said treaty, without the amendment before mentioned, and that so far as it relates to said debts the treaty be construed and executed in the manner set forth therein, when it was executed by the contracting parties.”

Now, I, Martin Van Buren,

Ratified Dec. 13, 1837, with the following amendments.

President of the United States of America, do in pursuance of the advice and consent of the Senate, as expressed in their said resolutions of the twenty-fifth day of February, and the thirteenth day of October, one thousand eight hundred and thirty-seven, accept, ratify, and confirm the said treaty, with the following amendments and no other, viz:

“After

Amendment (1).

the word ‘island’ in the third line of the second article, insert the following words: “Or such other place as may be designated by the President of the United States.’”

“The

Amendment (2).

The claim of the Io was to be ascertained and paid.

Ioway Indians having set up a claim to a part of the lands ceded by this treaty, it is therefore hereby provided, that the President of the United States shall cause the validity and extent of said claim to be ascertained, and upon a relinquishment of said claim to the United States, he shall cause the reasonable and fair value thereof to be paid to said Ioway Indians, and the same amount to be deducted from the sum stipulated to be paid to the Sacs and Foxes.”

1836-10-15 Treaty 7 Stat. 524 ARTICLES OF A CONVENTION

Oct. 15, 1836.

Proclamation, Feb. 15, 1837.

Entered into and concluded at Bellevue Upper Missouri the fifteenth day of October one thousand eight hundred and thirty-six, by and between John Dougherty U. S. agt. for Indian Affairs and Joshua Pilcher U. S. Ind. s. agt. being specially authorized therefor; and the chiefs braves head men &c of the Otoes Missouries Omahaws and Yankton and Santee bands of Sioux, duly authorized by their respective tribes.

Article 1st. Whereas

Treaty of July 15, 1830.

Ante, p. 328.

it has been represented that according to the stipulations of the first article of the treaty of Prairie du Chien of the fifteenth of July eighteen hundred and thirty, the country ceded is “to be assigned and allotted under the direction of the President of the United States to the tribes now living thereon or to such other tribes as the President may locate thereon for hunting and other purposes,” and whereas it is further represented to us the chiefs, braves and head men of the tribes aforesaid, that it is desirable that the lands lying between the State of Missouri and the Missouri river, and south of a line running due west from the northwest corner of said State until said line strikes the Missouri river, should be attached to and become a part of said State, and the Indian title thereto be entirely extinguished; but that notwithstanding, as these lands compose a part of the country embraced by the provisions of the said first article of the treaty aforesaid, the stipulations whereof will be strictly observed, until the assent of the Indians interested is given to the proposed measure. Now we the chiefs braves and principal men of the Otoes Missouries Omahaws Yankton and Santee bands of Sioux aforesaid fully understanding the subject and well satisfied from the local position of the lands in question, that they never can be made available for Indian purposes; and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and, further believing that the extension of the State line in the direction indicated, would have a happy effect by presenting a natural boundary between the whites and Indians; and willing moreover to give the United States a renewed evidence

Cession of land to the U. S.

of our attachment and friendship; do hereby for ourselves and on behalf of our respective tribes (having full power and authority to this effect) for ever cede relinquish and quit claim to the United States all our right title and interest of whatsoever nature in and to the lands lying between the State of Missouri and the Missouri river, and south of a line running due west from the northwest corner of the State to the Missouri river, as herein before mentioned, and freely and fully exonerate the United States from any guarantee condition or limitation expressed or implied under the treaty of Prairie du Chien aforesaid or otherwise, as to the entire and absolute disposition of said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.

Art. 2d. As a proof

Present of $4500 in merchandise.

of the continued friendship and liberality of the United States towards the said Otoes Missouries Omahaws and Yankton and Santee bands of Sioux, and as an evidence of the sence entertained for the good will manifested by the said tribes to the citizens and Government of the United States as evinced in the preceding cession and524TREATY WITH THE OTTOES, ETC. 1836.525 relinquishment; and as some compensation for the great sacrifice made by the several deputations at this particular season, by abandoning their fall hunts and traveling several hundred miles to attend this convention the undersigned John Dougherty and Joshua Pilcher agrees on behalf of the United States to pay as a present to the tribes herein before named the sum of four thousand five hundred and twenty dollars in merchandize, the receipt of which they hereby acknowledge having been distributed among them in the proportions following. To the Otoes

Portions of each tribe.

twelve hundred and fifty dollars,to the Missouries one thousand dollars to the Otnahaws twelve hundred and seventy dolls. to the Yankton and Santee bands of Sioux one thousand dollars.

Art. 3d. In consequence

Ottoes and Missourias to be furnished with 500 bushels of corn.

of the removal of the Otoes and Missouries from their former situation on the river Platte to the place selected for them, and of their having to build new habitations last spring at the time which should have been occupied in attending to their crops, it appears that they have failed to such a degree as to make it certain that they will lack the means of subsisting next spring, when it will be necessary for them to commence cultivating the lands now preparing for their use. It is therefore agreed that the said Otoes, and Missouries (in addition to the presents herein before mentioned) shall be furnished at the expence of the United States with five hundred bushels of corn lobe delivered at their village in the month of April next. And the

Omahas to have 100 acres of ground broke up, &c.

same causes operating upon the Omahaws, they having also abandoned their former situation, and established at the place recommended to them on the Missouri river, and finding it difficult without the aid of ploughs to cultivate land near there village where they would be secure from their enemies, it is agreed as a farther proof of the liberality of the Government and its disposition to advance such tribes in the cultivation of the soil as may manifest a disposition to rely on it for the future means of subsistence; that they shall have one hundred acres of ground broke up and put under a fence near their village, so soon as it can be done after the ratification of this convention, and that there shall be a suitable person employed as farmer to assist and instruct them in cultivating the soil so soon and for such time as the President of the United States may deem proper.*

** See note on p. 526.Art. 4th. The

Compensation to certain persons.

undersigned chiefs braves and head men of the tribes herein before named, feeling sensible of the many acts of kindness and liberality manifested towards them, and their respective tribes by their good friends Joseph Roubadoux sen., and Lucien Fontenelle, during an intercourse of many years; aware of the heavy losses sustained by them at different times by their liberality in extending large credits to them and their people, which have never been paid, and which (owing to the impoverished situation of their country and their scanty means of living) never can be; are anxious to evince some evidence of gratitude for such benefits and favours, and compensate the said individuals in some measure for their losses. To this end at the earnest solicitation of said tribes it is agreed that the said Joseph Roubadoux sen. shall have the privilege of selecting three sections of land any where within the ceded territory so soon as the same shall be surveyed, and the said Lucien Fontenelle shall be permitted to select two sections in like manner which shall be conveyed to them by the United States without cost, whenever the land so selected shall be reported by them there agents or legal representatives to the register and receiver of the land office of the district in which they lie. It is however distinctly understood that if the President and Senate of the United States should refuse to ratify this and the last preceding article or either of them or any part thereof, that such refusal shall in no way affect the relinquishment and526TREATY WITH THE OTTOES, ETC. 1836. cession made by the tribes parties hereto in the first article of this convention.

Art. 5. This

Obligatory when ratified.

convention shall be obligatory on the tribes parties hereto, from and after the date hereof, and on the United States from and after its ratification by the Government thereof.

Done, signed and sealed at Bellevue Upper Missouri this fifteenth day of October, one thousand eight hundred and thirty-six, and of the Independance of the United States, the sixty-first.

JNO. DOUGHERTY, Ind. Agt. JOSHUA PILCHER, U. S. Ind. S. Agent.

Otoes.

Jaton,

Big Kaw,

The Thief,

Wah-ro-ne-saw,

Buffalo Chief,

Shaking Handle,

We-ca-ru-ton,

Wash-shon-ke-ra,

Standing White Bear,

O-rah-car-pe,

Wa-nah-sha,

Wa-gre-ni-e,

Mon-nah-shu-ja.

Missouries.

Hah-che-ge-sug-a,

Black Hawk,

No Heart,

Wan-ge-ge-he-ru-ga-ror,

The Arrow Fender,

Wah-ne-min-er,

Big Wing.

Omahaws.

Big Elk,

Big Eyes,

Wash-kaw-mony,

White Horse,

White Caw,

Little chief,

A-haw-paw,

Walking Cloud,

Wah-see-an-ne,

No Heart,

Wah-shing-gar,

Standing Elk,

Ke-tah-an-nah,

Mon-chu-ha,

Pe-ze-nin-ga.

Yankton ana Santees.

Pitta-eu-ta-pishna,

Wash-ka-shin-ga,

Mon-to-he,

Wah-kan-teau,

E-ta-ze-pa,

Ha-che-you-ketcha,

Wa-men-de-ah-wa-pe,

E-chunk-ca-ne,

Chu-we-a-teau,

Mah-pe-a-teau,

Wah-mun-de-cha-ka,

Pah-ha-na-jie.

Witnesses:—J. Varnum Hamilton, Sutler U. S. Drags. & act. secy, William Steele. John A. Ewell. William J. Martin. Martin Dorion.

To the Indian names are subjoined a marks.

[Note.—The foregoing treaty was ratified with the following amendments thereto, as expressed in the resolution of the Senate:

Strike out that part of the third article following the word “convention” in the following words: “And that there shall be a suitable person employed as farmer, to assist and instruct them in cultivating the soil so soon, and for such time, as the President of the United States may deem proper.”

Strike out the fourth article.]

Nov. 30, 1836 Convention 7 Stat. 527 CONVENTION

Nov. 30, 1836.

Proclamation, Feb. 18, 1837.

With the Wahpaakootah, Susseton, and Upper Medawakanton tribes of Sioux Indians.

In a convention held this thirtieth day of November 1836 between Lawrence Taliaferro, Indian Agent at St. Peters, and the chiefs, braves, and principal men of the Wahpaakootah, Susseton, and Upper Medawakanton tribes of Sioux Indians, it has been represented, that according to the stipulations of the first article of the treaty of Prairie du Chien of the 15th July, 1830, the country thereby ceded is “to be

Ante, p. 326

assigned and allotted under the direction of the President of the United States to the tribes now living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes.” And, whereas, it is further represented to us, the chiefs, braves and principal men of the tribes aforesaid, to be desirable, that the lands lying between the State of Missouri, and the Missouri river should be attached to, and become a part of said State, and the Indian title thereto be entirely extinguished; but that, notwithstanding, as these lands compose a part of the country embraced by the provisions of said first article of the treaty aforesaid, the stipulations thereof will be strictly observed until the assent of the Indians interested is given to the proposed measure.

Now we, the chiefs, braves, and

Land ceded to the U. S.

principal men of the Wahpaakootah, Susseton and Upper Medawakanton tribes of Sioux Indians, fully understanding the subject, and well satisfied from the local position of the lands in question that they can never be made available for Indian purposes, and that an attempt to place an Indian population on them must inevitably lead to collisions with the citizens of the United States; and further believing that the extension of the State line in the direction indicated, would have a happy effect, by presenting a natural boundary between the whites and Indians; and willing, moreover, to give the United States a renewed evidence of our attachment and friendship, do hereby for ourselves, and on behalf of our respective tribes (having full power and authority to this effect) forever cede, relinquish and quit claim to the United States all our right, title and interest of whatsoever nature in, and to, the lands lying between the State of Missouri, and the Missouri river, and do freely and fully exonerate the United States from any guarantee, condition, or limitation, expressed or implied, under the treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and absolute disposition of the said lands, fully authorizing the United States to do with the same whatever shall seem expedient or necessary.

As a proof of the continued

Presents to Indians.

friendship and liberality of the United States towards the Wahpaakootah, Susseton and Upper Medawakanton tribes of Sioux Indians, and as an evidence of the sense entertained for the good will manifested by said tribes to the citizens and Government of the United States, as evinced in the preceding cession or relinquishment, the undersigned agrees, on behalf of the United States, to cause said tribes to be furnished with presents to the amount of five hundred and fifty dollars in goods, the receipt of which is hereby acknowledged.

In testimony whereof, we have hereunto set our hands and seals, the day and year first above written.

LAW. TALIAFERRO. 527 528 TREATY WITH THE SAGANAWS. 1837

Sussetons.

Ese-tah-ken-bah, or the Sleepy Eyes,

Kahe-maa-doh-kah, or the Male Rover,

Tunkah-munnee, or the Great Walker,

Hoh-wh-munnee, or the Walking Crier.

Wahpaakootas.

Tah-sau-ga, or the Cane,

Wahmaadee-sappah, or Black Eagle,

Skushkahnah, or Moving Shadow,

Ahppaa-hoh-tah, or the Gray Mano.

Upper Medawakantons.

Wahkon-Tunkah, or the Big Thunder,

Wahmadee-tunkah, or Big Eagle,

Marcpeeah-mah-zah, or Iron Cloud,

Koc-ko-moc-ko, or Afloat,

Tah-chunk-pee-sappah, or the Black Tomahawk,

Marc-pee-wee-chas-tah, or Chief of the Clouds,

Tah-chunk-washtaa, or the Good Road,

Mah-zah-hoh-tah, or the Gray Iron,

Patah-eu-hah, or He that holds the Five.

Executed in presence of J. McClure, Lt. 1st Infy. S. M. Plummer, Lt. 1st Infy. J. N. Nicollet. Scott Campbell, U. S. Interpreter.

To the Indian names are subjoined marks.

Jan. 14, 1837 Treaty 7 Stat. 528 ARTICLES OF A TREATY

Jan. 14, 1837.

Proclamation, July 2, 1838.

Made and concluded at Detroit, in the State of Michigan, on the fourteenth day of January, in the year of our Lord eighteen hundred and thirty-seven, between the United Slates of America by their commissioner, Henry R. Schoolcraft, and the Saganaw tribe of the Chippewa nation, by their chiefs and delegates, assembled in council.** This treaty was amended by the treaty of December 20, 1837, post, 548.

Art. 1st.

Cession of land

The said, tribe cede to the United States the following tracts of land, lying within the boundaries of Michigan; namely; One tract of eight thousand acres, on the river Au Sable. One tract of two thousand acres, on the Mishowusk or Ritie river. One tract of six thousand acres, on the north side of the river Kam bawling. One tract of five thousand seven hundred and sixty acres upon Flint river, including the site of Reaums village, and a place called Kishkawbawee. One tract of eight thousand acres on the head of the Cass (formerly Huron) river, at the village of Otusson. One island in the Saganaw bay, estimated at one thousand acres, being the island called Shaingwaukokaug, on which Mukokoosh formerly lived. One tract of two thousand acres at IVababish, on the Saganaw river. One tract of one thousand acres, on the east side of the Saganaw river. One tract of six hundred and forty acres, at Great Bend, on Cass river. One tract of two thousand acres at the mouth of Point Augrais river. One tract of one thousand acres, on the Cass river at Menoquet's village. One tract of ten thousand acres on the Shiawassee river at Ketchcwaundaugumink or Big Lick. One tract of six thousand acres at the Little Forks, on the Tetabwasing river. One tract of six thousand acres at the Black-Birds’ town, on the Tetabwasing river. One tract of forty thousand acres, on the west side of the Saganaw river. The whole containing one hundred and two thousand four hundred acres, be the same more or less.

Art. 2d.

Indians may live on certain tracts for five years.

The said Indians shall have the right of living upon the tracts at the river Augrais, and Mushowusk or Rille rivers, on the west side of Saganaw bay, for the term of five years, during which time no white man shall be allowed to settle on said tracts, under a penalty 529of five hundred dollars, to be recovered, at the suit of the informer; one half to the benefit of said informer, the other half to the benefit of the Indians.

Art. 3d. The United States agree to pay

Payment for cession, &c.

to the said Indians, in consideration of the lands above ceded, the net proceeds of the sales thereof, after deducting the expense of survey and sale, together with the incidental expenses of this treaty. The lands shall be surveyed in the usual manner, and offered for sale, as other public lands, at the land offices of the proper districts, as soon as practicable after the ratification of this treaty. A special account of the sales shall be kept at the Treasury, indicating the receipts from this source, and after deducting therefrom the sums hereinafter set apart, for specified objects, together with all other sums, justly chargeable to this fund, the balance shall be invested, under the direction of the President, in some public stock, and the interest thereof shall be annually paid to the said tribe, in the same mariner, and with the same

Proviso.

precautions, that annuities are paid. Provided, That, if the said Indians shall, at the expiration of twenty years, or at any time thereafter, require the said stock to be sold, and the proceeds thereof distributed among the whole tribe, or applied to the advancement of agriculture, education, or any other useful object, the same may be done, with the consent of the President and Senate.

Art. 4th.

The said Indians hereby set apart, out of the fund, created

Sums set apart by the Indians.

by the sale of their lands, the following sums, namely;

For the purchase of goods and provisions, to be delivered to them, as soon as practicable after the ratification of this treaty, forty thousand dollars.** Abrogated by art. 4th of treaty of Dec. 20, 1837.

For distribution among the heads of families, to be paid to them, as an annuity in 1837, ten thousand dollars.** Abrogated by art. 4th of treaty of Dec. 20, 1837.

For a special payment to each of the principal chiefs, agreeably to a schedule annexed, five thousand dollars.

For the support of schools, among their children, ten thousand dollars.

For the payment of their just debts, accruing since the treaty of Ghent, and before the signing of this treaty, forty thousand dollars.

For compensating American citizens, upon whose property this tribe committed depredations after the surrender of Detroit in 1812, ten thousand dollars.

For meeting the payment of claims which have been considered and allowed by the chiefs and delegates in council, as per schedule B hereunto annexed, twelve thousand two hundred and forty-three dollars, and seventy-five cents.

For vaccine matter, and the services of a physician, one hundred dollars per annum for five years.

For the purchase of tobacco to be delivered to them, two hundred dollars per annum for five years.

The whole of these sums shall

To be expended under direction of the President.

be expended under the direction of the President, and the following principles shall govern the application. The goods and provisions shall be purchased by an agent, or officer of the Government, on contract, and delivered to them, at their expense, as early as practicable, after the ratification of the treaty. The annuity of ten thousand dollars shall be divided among the heads of families, agreeably to a census, to be taken for the purpose. The school fund shall be put at interest, by investment in stocks, and the interest applied annually to the object, commencing in the year 1840, but the principal shall constitute a permanent fund for twenty years, nor shall the stock be sold, nor the proceeds diverted, at that period, without the consent of the President and Senate.

The monies set apart for the liquidation of their debts, and for depre-530dations,

Payment of the moneys set apart for debts, &c.

committed by them, shall be paid, under such precautions for ascertaining the justice of the indebtedness or claim, as the President may direct, but no payment shall be made, under either head, which is not supported by satisfactory proof, and sanctioned by the Indians: and if any balance of either sum remains, it shall be immediately divided by the disbursing officer, among the Indians. The other items of expenditure, mentioned in this article, shall be disbursed, under the usual regulations of the Indian Department, for insuring faithfulness and accountability in the application of the money.

Art. 5th.

The U. S. will advance the amount.

[See art. 3, treaty of Dec. 20, 1837, p. 548.

The United States will advance the amount set apart in the preceding article for the purchase of goods and provisions, and the payment of debts, and depredations by the Indians, also the several sums stipulated to be paid to the chiefs, and distributed to the Indians as an annuity in 1837, and the amount set apart for claims allowed by the Indians, together with the expense of this negociation.

Art. 6th.

Removal of Indians.

The said tribe agrees to remove from the State of Michigan, as soon as a proper location can be obtained. For this purpose, a deputation shall be sent, to view the country, occupied by their kindred tribes, west of the most westerly point of Lake Superior,** See art. 2, treaty of Dec. 20, 1837, p. 548. and if an arrangement for their future and permanent residence can be made in that quarter, which shall be satisfactory to them, and to the Government, they shall be permitted to form a reunion, with such tribes, and remove thereto. If such arrangement cannot be effected, the United States will afford its influence in obtaining a location for them at such place, west of the Mississippi, and southwest of the Missouri, as the legislation of Congress may indicate. The agency of the exploration, purchase, and removal will be performed by the United States, but the expenses attending the same shall be chargeable to said Indians at the Treasury, to be refunded out of the proceeds of their lands, at such time and in such manner as the Secretary of the Treasury shall deem proper.

Art. 7th.

The smith's shop, &c, to be continued, &c.

It is agreed, that the smith’s shop shall be continued among the Saganaws, together with the aid in agriculture, farming utensils, and cattle, secured to them under the treaty of September 24th 1819, as fixed, in amount, by the act of Congress of May 15th 1820. But the President is authorized to direct the discontinuance of the stated farmers should he deem proper, and the employment of a supervisor or overseer, to be paid out of this fund, who shall procure the services, and make the purchases required, under such instructions as may be issued by the proper department. And the services shall be rendered, and the shop kept, at such place or places, as may be most beneficial to the Indians. It shall be competent for the Government, at the request of the Indians, seasonably made, to furnish them agricultural products, or horses and saddlery, in lieu of said services, whenever the fund will

Proviso.

justify it. Provided, That the whole annual expense, including the pay of the supervisor, shall not exceed the sum of two thousand dollars, fixed by the act herein above referred to.

Art. 8th.

Payment for two certain reservations.

Ante, p. 105.

The United States, agree to pay to the said tribe, as one of the parties to the treaty, concluded at Detroit, on the 17th of November 1807, the sum of one thousand dollars, to quiet their claim, to two reservations of land, of two sections each, lying in Oakland county, in the State of Michigan, which were ceded to the Government by the Pottowatomies of St. Joseph’s, on the nineteenth of September 1827. This sum will be paid to the chiefs, who are designated in the schedule referred to, in the fourth article, at the same time and place, that the annuities for the present year are paid to the tribe. And the said tribe 531hereby relinquish, and acknowledge full satisfaction, for any claim they now have, or have ever possessed, to the reservations aforesaid.

Art. 9th. Nothing in this treaty shall be

Annuities by former treaties not affected.

construed to affect the payment of any annuity, due to the said tribe, by any prior treaty. But the same shall be paid as heretofore.

Art. 10th. Should not the lands herein

[Abrogated by art. 4, treaty of Dec. 20, 1837, p. 548.

ceded, be sold, and the avails thereof, vested for said tribe, as provided in the third article, before the thirtieth day of September of the present year, so that the annual interest of such investment may be relied on, to constitute an annuity for said tribe in the year eighteen hundred and thirty-eight, the United States will, during the said year 1838, advance the same amount which is provided for that object in the fourth article of this treaty, which sum shall be refunded to the Treasury by said tribe with interest, out of any fund standing to their credit, at the discretion of the Secretary of the Treasury.

Art. 11th. The usual expenses, attending

Expenses of treaty to be paid by U. S.

the formation of this treaty, will be paid by the United States, provided, that the Government may, in the discretion of the President, direct the one moiety thereof to be charged to the Indian fund, created by the third article of this treaty.

In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the said tribe, have hereunto set their hands, and affixed their marks, at the city of Detroit in Michigan, the day and year above written.

HENRY R. SCHOOLCRAFT, Comr.

Ogima Keegido,

Naum Gitchigomee,

Osau Wauban,

Penayseewubee,

Washwa,

Peenaysee Weegezhig,

Mauk Esaut,

Peetwayweetum,

Tontagonee,

Kaitchenoding,

Maishkoodagwana,

Naishkayshig,

Wasso,

Pabaumosh,

Monetogaubwee,

Aindunossega,

Ugahbakwum,

Shawun Epenaysee,

Waubredoaince,

Sheegunageezhig,

Etowanaquot,

Mukuday Ghenien,

Mukuckoosh,

Penayshee Weegezhig, the 2d,

Mazinos,

Pondiac,

Nawa Geezhig.

Francis Willett Shearman,Secretary. Henry Whiting, Major U. S. A. J. P. Simonton, Capt. U. S. A. Z. Pitcher, Surgeon U. S. Army. Henry Connor, Sub-Agent. Robert Stuart. Jno. Hulbert. Douglass Houghton. G. D. Williams. William Johnston. Joseph F. Menoy, Inpter. John A. Drew. Darius Lawson. Charles H. Rodd.

To the Indian names are subjoined marks.

SCHEDULE Of the names of chiefs entitled to payments under the fourth and eighth articles of the foregoing treaty:

The following chiefs, representing the several bands of the tribe of the Saganaws, are entitled to receive the several sums of five hundred and one hundred dollars each, to wit:

1. Ogima Keegido

2. Shawun, Epenaysse

532 3. Naum Gitchegomee 4. Mauk Esaub 5. Muckuk, Kosh 6. Peteway, Weetum, 7. Paypah, Monsh.ee 8. Tontagonee 9. Wasse 10. Wahputo-ains. HENRY R. SCHOOLCRAFT, Commissioner. SCHEDULE B.

To Wawasso	$400 00
Keshe-ah-be-no-qua, sister of Wawasso	400 00
Kewah-ne-quot	400 00
Peter Provencal	400 00
Leon, or Oge-ma-geke-to	400 00
Moran, or Chemoquemont	200 00
Ke-she-go-qua	200 00
Wetonsaw, son of James Connor	400 00
Odis-pa-be-go-qua and children	800 00
Pen-a-see	400 00
Ozhe-me-ega	400 00
Bourissa's wife, at river au Sable	800 00
Nah-bwa-quo-una	400 00
Muttoway-bun-gee	400 00
Chonne	400 00
Mah-in-gun	800 00
Ma-conse	800 00
J. P. Simonton	800 00
Wabishkindib, or Henry Conner	3,243 75
Peepegauaince	200

Ogima Keegido,

Shawun Epenaysse,

Naum Gitchegomee,

Mauk Esaub,

Muckuk, Kosh,

Peteway, Weetum,

Pabaumoshee,

Tontagonee,

Wasse,

Waputo sins,

Signed in presence of Henry Whiling, Major U. S. A. E. Backus, U. S. A. J. P. Simonton, Capt. U. S. A. Levi Cook, Mayor of the City of Detroit. Jno. Hulbert.

FRANCIS WILLETT SHEARMAN, Secretary.

To the Indian names are subjoined marks.

[For Treaty with the Choctaws of Jan. 17, 1837, see post p. 605.]

Feb. 11, 1837 Treaty 7 Stat. 532 ARTICLES OF A TREATY

Feb. 11, 1837.

Proclamation, Feb. 18, 1837.

Concluded in the city of Washington on the eleventh day of February eighteen hundred and thirty-seven between John T. Douglass, commissioner on the part of the United States and Chee-chaw-kose, Ash-kum Wee-saw or Louison, Muck-kose and Qui-qui-to, chiefs of the Potawatomie tribe of Indians.

Article 1.

Former treaties sanctioned.

The chiefs and head men above named do, for themselves and their respective bands sanction and give their assent to the provisions of the treaties concluded between A. C. Pepper, commissioner on the part of the United States and certain chiefs and

Ante, pp. 505 & 515.

young men of the Potawatomie tribe of Indians, on the 5th day of August and 23d day of September 1836, in which were ceded to the United States certain TREATY WITH THE KIOWAS, ETC. 1837533lands in the State of Indiana, in which the chiefs and head men above named have an interest, the same having been reserved for them and their bands respectively in the treaties of October 26th and 27th 1832. And the

Land ceded to the U. S.

Indians to remove within two years.

chiefs and head men above named, for themselves and their bands, do hereby cede to the United States all their interest in said lands, and agree to remove to a country that may be provided for them by the President of the United States, southwest of the Missouri river, within two years from the ratification of this treaty.

Art. 2. The United States agree that the

Payment by the U. S.

Ante, pp. 505 & 515.

several sums, for the payment of which provision is made in the treaties of August and September 1836, referred to in the preceding article, shall be paid to the respective chiefs and bands, for whose benefit the lands, ceded by said treaties, were reserved.

Art. 3. The United States further agree to

U. S. to convey certain territory to Indians.

convey by patent to the Potawatomies of Indiana, a tract of country, on the Osage river south-west of the Missouri river, sufficient in extent, and adapted to their habits and wants; remove them to the same : furnish them with one year’s subsistence after their arrival there, and pay the expenses of this treaty, and of the delegation now in this city.

Art. 4. It is further stipulated, that the

U. S. to purchase certain reserved land.

Ante, p. 379.

United States will purchase the “five sections in the prairie, near Rock Village” reserved for Quiquito, in the second article of the treaty of October 20th 1832 for the sum of 84,000; to be paid to said chief at such times and places as the President of the United States may think proper.

Art. 5. This treaty to be obligatory upon the

Treaty binding when ratified.

contracting parties when ratified by the President and Senate of the United States.

In witness whereof the contracting parties have hereunto set their hands and seals the day and year above written.

JOHN T. DOUGLASS, Commissioner.

Qui-qui-taw,

Che-chaw-kose,

Ashkom,

We-saw or Louison,

Muckkose,

Sin-qui-waugh,

Po-ga-kose.

Signed in presence of G. C. Johnston. Isaac McCoy, John C. Burnett, Abram B. Burnett, William Turner, Interpreters.

To the Indian names are subjoined marks.

May 26, 1837 Treaty 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-ro

Relations 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 obligatory

Treaty 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 thousand

Payment 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 thousand

Payment 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 obligatory

Treaty 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 braves

Annuity.

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 twenty

Agricultural 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 aforesaid

Improvement 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 chiefs

Goods.

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 binding

Treaty 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 the

Payment 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 to

Goods.

them goods, suited to their wants, at cost, to the amount of twenty-eight thousand five hundred dollars ($28,500.) Fourth.To expend, in

Grist-mills.

the erection of two grist mills, and the support of two millers for five years, ten thousand dollars ($10,000.) Fifth.To expend in

Breaking 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 them

Provisions.

with provisions to the amount of five thousand dollars ($5,000) a year, for two years.** See note on p. 542. Seventh.To expend in

Laborers.

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 the

Horses 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 tribe

Proviso.

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’s

Blacksmith’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 to

Removal 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 negotiation

U. 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 upon

Treaty 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 upon

Treaty 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 right

Cessions 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 claims

Ante. 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 cession

Consideration 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 cession

Consideration 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 of

Balance, 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, under

Provision 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, for

Removal of Indians.

their removal to the lands assigned them, a sum not exceeding seven thousand dollars ($7,000). Fourth.To deliver to

Horses 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 to

Provisions and horses.

them provisions to the amount of ten thousand dollars, ($10,000); and horses to the same amount. Sixth.To apply to

Grist-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 apart

Contingent 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 546

Balance 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 the

Cession 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 session

Consideration 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 negotiation

U. 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 upon

Treaty 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, junï¿½r	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 11th, 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 York

Indians 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 to

Ante, 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 above

U. 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 they

Land 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 the

Post, 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 the

Moneys 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 the

Disposition 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 the

Jan. 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 this

The 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 by

Jan. 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 15th 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 chiefs

Assent 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, 18th 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 of

Lands 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 than

1844, 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. 342

1st 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 567

Reservations 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 the

Patent 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 the

Boundary 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 to

U. 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, that

Exploring 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 grant

U. 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, that

If 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 as

Support 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 shall

Treaty 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 land

Grants 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 the

Said 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 agrees

Payment 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 the

Supplies 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 committed

Payment 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 the

Purchase 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 deducted

Reimbursement 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 for

Payment 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 ratified

Treaty 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 the

Ante, 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 from

Indians 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 the

Preamble.

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 change

President 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 States

The 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 in

Exploring 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 accounts

Mode 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 $\frac{1}{2}$	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 $\frac{1}{2}$	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 $\frac{1}{2}$	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 $\frac{1}{3}$	546 25	144 30	390 55
Cornelius Chemaucum	2	214	214 00	—	214 00
And other heirs of Phebe Duchain		187 $\frac{1}{2}$	187 50	530 75	718 25
	——	————	—————	—————	—————
	80	8,767 $\frac{3}{4}$	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 hundred

Consideration 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 be

Commissioners 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 thousand

Payments 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,) bequeathed

Payments 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 fifty

Payments 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 of

Ante, 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 by

U. 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 Indiands

Removal 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 the

Feb. 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 properly

Assent 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 thousand

Amendments 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” and

Amendments 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 three

Amendments 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 United

Additional 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 tribe

May 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 having

Ante, 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 Ludlow

Indenture 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 said

Indenture 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 the

1840, 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, 1842

Proclamation, 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,

$\begin{matrix} Henry Aaron Hills, \\ Henry Abeel, \\ \begin{matrix} Jasper Parrish, \\ Horation Jones, \end{matrix}} \begin{array}{l} Interpreters. \end{array} \end{matrix}$

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.

$Thomas Flour, \begin{array}{c} his \\ + \\ Mark \end{array}$

Chief of Oaklegalaya District.

$Nituchachue, \begin{array}{c} his \\ + \\ Mark \end{array}$

Chief of Pushmatahau District.

Joseph Kincaid,

Chief of Musha-la-tubbee District.

$Nituchachue, \begin{array}{c} his \\ + \\ Mark \end{array}$

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.]

$John McKinney, \begin{array}{c} his \\ + \\ Mark \end{array}$ $Ey-ach-a-ho-pa, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Nathaniel Folsom, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Louis Brashears, \begin{array}{c} his \\ + \\ Mark \end{array}$

$James Fletcher, \begin{array}{c} his \\ + \\ Mark \end{array}$

$George Pusley, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Captains Oak-chi-o, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Thomas Hays, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Pis-tam-bee, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Ho-lah-ta-ho-ma, \begin{array}{c} his \\ + \\ Mark \end{array}$

$E-yo-tah, \begin{array}{c} his \\ + \\ Mark \end{array}$

$Isac Perry, \begin{array}{c} his \\ + \\ Mark \end{array}$

$No-mah-ham-bee, \begin{array}{c} his \\ + \\ Mark \end{array}$

Chickasaw Delegation.

J. McLish,

Pitman Colbert,

$James \begin{array}{c} his \\ + \\ Mark \end{array} Brown,$

$James \begin{array}{c} his \\ + \\ Mark \end{array} Perry,$

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.