At the City of Detroit in the State of
Michigan Treaty with the Ottawa and
Articles of agreement and convention made and
concluded at the city of Detroit, in the State of Michigan, this the
thirty-first day of July, one thousand eight hundred and fifty-five,
between George W. Manypenny and Henry C. Gilbert, commissioners on the
part of the United States, and the Ottawa and Chippewa Indians of
Michigan, parties to the treaty of March 28, 1836
In view of the existing condition of the Ottawas
and Chippewas, and of their legal and equitable claims against the
United States, it is agreed between the contracting parties as follows:
ARTICLE. 1. The United States will withdraw from
sale for the benefit of said Indians as hereinafter provided, all the
unsold public lands within the State of Michigan embraced in the
following descriptions, to wit:
First; For the use of the six bands residing at
and near Sault Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and
28, in township 47 north, range 5 west; sections 18, 19, and 30, in
township 47 north, range 4 west; sections 11, 12, 13, 14, 15, 22, 23,
25, and 26, in township 47 north, range 3 west, and section 29 in
township 47 north, range 2 west; sections 2, 3, 4, 11, 14, and 15 in
township 47 north, range 2 east, and section 34 in township 48 north,
range 2 east; sections 6, 7, 18, 19, 20, 28, 29, and 33 in township 45
north, range 2 east; sections 1, 12, and 13, in township 45 north, range
1 east, and section 4 in township 44 north, range 2 east.
Second; For the use of the bands who wish to
reside north of the Straits of Mackinac townships 42 north, ranges 1 and
2 west; township 43 north, range 1 west, and township 44 north, range
Third; For the Beaver Island Band-High Island,
and Garden Island, in Lake Michigan, being fractional townships 38 and
39 north, range 11 west - 40 north, range 10 west, and in part 39 north,
range 9 and 10 west.
Fourth; For the Cross Village, Middle Village,
L'arbre Croche and Bear Creek bands, and of such Bay du Noc and Beaver
Island Indians as may prefer to live with them, townships 34 to 39,
inclusive, north, range 5 west-townships 34 to 38, inclusive, north,
range 6 west-townships 34, 36, and 37 north, range 7 west, and all that
part of township 34 north, range 8 west, lying north of Pine River.
Fifth; For the bands who usually assemble for
payment at Grand Traverse, townships 29, 30, and 31 north, range 11
west, and townships 29, 30, and 31 north, range 12 west, and the east
half of township 29 north, range 9 west .
Sixth; For the Grand River bands, township 12 north, range 15 west, and townships 15, 16, 17 and 18 north, range 16 west.
Seventh; For the Cheboygan band, townships 35 and 36 north, range 3 west.
Eighth; For the Thunder Bay band, section 25 and
36 in township 30 north, range 7 east, and section 22 in township 30
north, range 8 east.
Should either of the bands residing near Sault
Ste.; Marie determine to locate near the lands owned by the missionary
society of the Methodist Episcopal Church at Iroquois Point, in addition
to those who now reside there, it is agreed that the United States will
purchase as much of said lands for the use of the Indians as the
society may be willing to sell at the usual Government price.
The United States will give to each Ottawa and
Chippewa Indian being the head of a family, 80 acres of land, and to
each single person over twenty-one years of age, 40 acres of land, and
to each family of orphan children under twenty-one years of age
containing two or more persons, 80 acres of land, and to each single
orphan child under twenty-one years of age, 40 acres of land to be
selected and located within the several tracts of land hereinbefore
described, under the following rules and regulations:
Each Indian entitled to land under this article
may make his own selection of any land within the tract reserved herein
for the band to which he may belong-Provided, That in case of two or
more Indians claiming the same lot or tract of land, the matter shall be
referred to the Indian agent, who shall examine the case and decide
between the parties.
For the purpose of determining who may be
entitled to land under the provisions of this article, lists shall be
prepared by the Indian agent, which lists shall contain the names of all
those persons entitled, designating them in four classes. Class 1st,
shall contain the names of heads of families; class 2d, the names of
single persons over twenty-one years of age; class 3d, the names of
orphan children under twenty-one years of age, comprising families of
two or more persons, and class 4th, the names of single orphan children
under twenty-one years of age, and no person shall be entered in more
than one class. Such lists shall be made and closed by the first day of
July, 1856, and thereafter no applications for the benefits of this
article will be allowed.
At any time within five years after the
completion of the lists, selections of lands may be made by the persons
entitled thereto, and a notice thereof, with a description of the land
selected, filed in the office of the Indian agent in Detroit, to be by
him transmitted to the Office of Indian Affairs at Washington City.
All sections of land under this article must be
made according to the usual subdivisions; and fractional lots, if
containing less than 60 acres, may be regarded as forty-acre lots, if
over sixty and less than ne hundred and twenty acres, as eighty acre
lots. Selections for orphan children may be made by themselves or their
friends, subject to the approval of the agent.
After selections are made, as herein provided,
the persons entitled to the land may take immediate possession thereof,
and the United States will thenceforth and until the issuing of patents
as hereinafter provided, hold the same in trust for such persons, and
certificates shall be issued, in a suitable form, guaranteeing and
securing to the holders their possession and an ultimate title to the
land. But such certificates shall not be assignable and shall contain a
clause expressly prohibiting the sale or transfer by the holder of the
land described therein.
After the expiration of ten years, such
restriction on the power of sale shall be withdrawn, and a patent shall
be issued in the usual form to each original holder of a certificate for
the land described therein, Provided That each restriction shall cease
only upon the actual issuing of the patent; And provided further That
the President may in his discretion at any time in individual cases on
the recommendation of the Indian agent when it shall appear prudent and
for the welfare of any holder of a certificate, direct a patent to be
issued. And provided also, That after the expiration of ten years, if
individual cases shall be reported to the President by the Indian agent,
of persons who may then be incapable of managing their own affairs from
any reason whatever, he may direct the patents in such cases to be
withheld, and the restrictions provided by the certificate, continued so
long as he may deem necessary and proper.
Should any of the heads of families die before
the issuing of the certificates or patents herein provided for, the same
shall issue to the heirs of such deceased persons.
The benefits of this article will be extended
only to those Indians who are at this time actual residents of the State
of Michigan, and entitled to anticipate in the annuities provided by
the treaty of March 28, 1836; but this provision shall not be construed
to exclude any Indian now belonging to the Garden River band of Sault
All the land embraced within the tracts
hereinbefore described, that shall not have been appropriated or
selected within five years shall remain the property of the United
States, and the same shall thereafter, for the further term of five
years, be subject to entry in the usual manner and at the same rate per
acre, as other adjacent public lands are then held, by Indians only; and
all lands, so purchased by Indians, shall be sold without restriction,
and certificates and patents shall be issued for the same in the usual
form as in ordinary cases; and all lands remaining unappropriated by or
unsold to the Indians after the expiration of the last-mentioned term,
may be sold or disposed of by the United States as in the case of all
other public lands.
Nothing contained herein shall be so construed
as to prevent the appropriation, by sale, gift, or otherwise, by the
United States, of any tract or tracts of land within the aforesaid
reservations for the location of churches, school-houses, or for other
educational purposes, and for such purposes purchases of land may
likewise be made from the Indians, the consent of the President of the
United States, having, in every instance, first been obtained therefor.
It is also agreed that any lands within the
aforesaid tracts now occupied by actual settlers, or by persons entitled
to pre-emption thereon, shall be exempt from the provisions of this
article; provided, that such pre-emption claims shall be proved, as
prescribed by law, before the first day of October next .
Any Indian who may have heretofore purchased
land for actual settlement, under the act of Congress known as the
Graduation Act, may sell and dispose of the same; and, in such case, no
actual occupancy or residence by such Indians on lands so purchased
shall be necessary to enable him to secure a title thereto.
In consideration of the benefits derived to the
Indians on Grand Traverse Bay by the school and mission established in
1838, and still continued by the Board of Foreign Missions of the
Presbyterian Church, it is agreed that the title to three separate
pieces of land, being parts of tracts Nos. 3 and 4, of the west
fractional half of section 35, township 30 north, range 10 west, on
which are the mission and school buildings and improvements, not
exceeding in all sixty-three acres, one hundred and twenty-four perches,
shall be vested in the said board on payment of $1.25 per acre; and the
President of the United States shall issue a patent for the same to
such person as the said board shall appoint.
The United States will also pay the further sum
of forty thousand dollars, or so much thereof as may be necessary, to be
applied in liquidation of the present just indebtedness of the said
Ottawa and Chippewa Indians; provided, that all claims presented shall
be investigated under the direction of the Secretary of the Interior,
who shall prescribe such rules and regulations for conducting such
investigation, and for testing the validity and justness of the claims,
as he shall deem suitable and proper; and no claim shall be paid except
upon the certificate of the said Secretary that, in his opinion, the
same is justly and equitably due; and all claimants, who shall not
present their claims within such time as may be limited by said
Secretary within six months from the ratification of the treaty, or
whose claims, having been presented, shall be disallowed by him, shall
be forever precluded from collecting the same, or maintaining an action
thereon in any court whatever; and provided, also, that no portion of
the money due said Indians for annuities, as herein provided, shall ever
be appropriated to pay their debts under any pretence whatever;
provided, that the balance of the amount herein allowed, as a just
increase of the amount due for the cesions and relinquishments
aforesaid, after satisfaction of the awards of the Secretary of the
Interior, shall be paid to the said Chippewas or expended for their
benefit, in such manner as the Secretary shall prescribe, in aid of any
of the objects specified in the second article of this treaty.
ARTICLE 2. The United States will also pay to
the said Indians the sum of five hundred and thirty-eight thousand and
four hundred dollars, in the manner following, to wit:
First; Eighty thousand dollars for educational
purposes to be paid in ten equal annual instalments of eight thousand
dollars each, which sum shall be expended under the direction of the
President of the United States; and in the expenditure of the same, and
the appointment of teachers and management of schools, the Indians shall
be consulted, and their views and wishes adopted so far as they may be
just and reasonable.
Second; Seventy-five thousand dollars to be paid
in five equal annual instalments of fifteen thousand dollars each in
agricultural implements and carpenters' tools, household furniture and
building materials, cattle, labor, and all such articles as may be
necessary and useful for them in removing to the homes herein provided
and getting permanently settled thereon.
Third; Forty-two thousand and four hundred dollars for the support of four blacksmith-shops for ten years.
Fourth; The sum of three hundred and six
thousand dollars in coin, as follows: ten thousand dollars of the
principle, and the interest on the whole of said last-mentioned sum
remaining unpaid at the rate of five per cent. annually for ten years,
to be distributed per capita in the usual manner for paying annuities.
And the sum of two hundred and six thousand dollars remaining unpaid at
the expiration of ten years, shall be then due and payable, and if the
Indians then require the payment of said sum in corn the same shall be
distributed per capita in the same manner as annuities are paid, and not
in less than four equal annual instalments.
Fifth; The sum of thirty-five thousand dollars
in ten annual instalments if three thousand and five hundred dollars
each, to be paid only to the Grand River Ottawas, which is in lieu of
all permanent annuities to which they may be entitled by former unity
stipulations, and which sum shall be distributed in the usual manner per
ARTICLE 3; The Ottawa and Chippewa Indians
hereby release and discharge the United States from all liability on
account of former treaty stipulations, it being distinctly understood
and agreed that the grants and payments hereinbefore provided for are in
lieu and satisfaction of all claims, legal and equitable on the part of
said Indians jointly and severally against the United States, for land,
money or other thing guaranteed to said tribes or either of them by the
stipulations of any former treaty or treaties; excepting, however, the
right of fishing and encampment secured to the Chippewas of Sault Ste.
Marie by the treaty of June 16, 1820.
ARTICLE 4; The interpreters at Sault Ste. Marie,
Mackinac, and for the Grand River Indians, shall be continued, and
another provided at Grand Traverse, for the term of five years, and as
much longer as the President may deem necessary.
ARTICLE 5; The tribal organization of said
Ottawa and Chippewa Indians, except so far as may be necessary for the
purpose of carrying into effect the provisions of this agreement, is
hereby dissolved; and if at any time hereafter, further negotiations
with the United States, in reference to any matters contained herein,
should become necessary, no general convention of the Indians shall be
called; but such as reside in the vicinity of any usual place of
payment, or those only who are immediately interested in the questions
involved, may arrange all matters between themselves and the United
States, without the concurrence of other portions of their people, and
as fully and conclusively, and with the same effect in every respect, as
if all were represented.
ARTICLE 6; This agreement shall be obligatory
and binding on the contracting parties as soon as the same shall be
ratified by the President and Senate of the United States. In testimony
whereof the said George W. Manypenny and the said Henry C. Gilbert,
commissioners as aforesaid, and the undersigned chiefs and headmen of
the Ottawas and Chippewas, have hereto set their hands and seals, at the
city of Detroit the day and year first above written.