In Chicago, a
Treaty with the Chippewa, ...
Articles of a treaty 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. V. Owen and William Weatherford, Commissioners on the
part of the United States of the one part, and the United Nations of
Chippewa, Ottowa 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 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 north by the country lately ceded by the Menominees, and on the
south by the country ceded at the treaty of Prairie du Chien made on the
29th July 1829 supposed to contain about five millions of acres.
ARTICLE 2d. In part consideration of the
above cession it is hereby 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 eat 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 should 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.
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.
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 States 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 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, and fifteen hundred dollars to Awn-kote and
his bands, as the consideration for 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 assigned and surrendered to the United
States.
ARTICLE 4th. A just proportion of the
annuity money, secured as 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.[Stricken out.]
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, Thomas J. V. Owen, and William Weatherford, and the undersigned
chiefs and head men of the said nations of Indians, have hereunto set
their hands at Chicago, the said day and year.
Articles supplementary, 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, Ottowa 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.
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 19th
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.
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, nd 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 sum of one
hundred thousand dollars: to be applied as follows.
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.
Twenty-five thousand dollars, to be paid
in goods, provisions and horses, in addition to the one hundred thousand
dollars contained in the Treaty.
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.
ARTICLE 3d--All the Indians residing on
the said reservations in Michigan shall remove therefrom within three
years from this date, during 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 ease, however the said Indians shall
sooner remove the Government may take immediate possession thereof.
ARTTCLE 4th--[Stricken out. See 4th Amendment at end of treaty.]
These supplementary articles 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, 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.
Additional Clauses
Agreeably to the stipulation contained in
the Articles supplementary, 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.)
As evidence of the purchase and delivery
as aforesaid, under the direction of the said commissioners, and that
the whole of the same been received by the said Indians, and 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.
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.
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.
Godfroy, 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 purport 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.
(Copy of the instrument referred to in the above certificate.)
Know all men by these presents that we the
undersigned Chiefs and Young men of the Potawatamie tribe of Indians
living at Na-t-wa-se-pe in 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 States 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 in 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.
Chicago, Illinois, Oct. 1, 1834
Tho. J.V. Owen, Esqr.
U. S. Indian Agent.
FATHER: Feeling a disposition to comply
with the resolution of 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 northwest 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 five 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 he paid to such
commissioner, as shall be designated by us 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, Lasalle 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, Ottowa, and Pattawatamie
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.
Note Regarding Ratification
NOTE. This Treaty and Supplementary
Articles thereto, were ratified and 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 Ottawas, and Pottawatamies
Indians, and the supplementary articles thereto, dated on the 27th 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 4thin the
supplementary articles: and provided, that the lands given to the said
Indians, in exchange, in place of being bounded in the manner described
in the treaty be so changed, that the first line 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 line 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 1834, to the treaty concluded
between the Commissioners on the part of the United States and the
chiefs of the aid 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 1834, 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."