Treaty with the Wyandots, etc., 1817
Articles of a treaty made and
concluded, at the foot of the Rapids of the Miami of 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, Ottawas and Cheppeway,
tribes of Indians.
ART. 1. The Wyandot tribe of Indians, in
consideration of the stipulations 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 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, 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,
Shawnese, Potawatomy, 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 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 Shawnese 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 any former treaty to the Wyandot, Shawnese, 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 as part of this treaty; and the tracts herein
stipulated to be granted to the Wyandot, Seneca, and Shawnese, tribes
of Indians, are 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, 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 cramberry 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, to Tahawmadoya, 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, 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 o John Perry, Wabepee or
White Colour, chiefs of the Shawnese 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, to Peeththa or Falling Tree, and to Onowaskemo or
the Resolute Man, chiefs of the Shawnese 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 Shawnese settlement
on Hog creek, and. to be laid off as near as possible in a square form.
The United States also agree to grant, by
patent, in fee simple, to Quatawape or Captain Lewis, Shekaghkela or
Turtle, Skilowa or Robin, chiefs of the Shawnese tribe of Indians
residing at Lewistown, and to Mesomea or Civl 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 Shawnese 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 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 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.
ART. 7. And the said chiefs or their
successors may, at any time they 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 f 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 an equitable partition of the said share when
conveyed.
ART. 8. At the special request of the said
Indians, the United States 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, 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 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 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, end extending in the same manner with and
from the said river.
To John Vanmeter who was taken prisoner by
the Wyandots, and who has ever since lived among them, and has married a
Seneca woman, nd 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 Vanmeter 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 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.
To Catharine Walker, a Wyandot woman, and
to John R. Walker, 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 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
Shawnese chief Blue Jacket, one section of land, to contain six hundred
and forty acres, on the Great Miami river below Lewistown, to include
her present improvements, three quarters of the said section to be on
the southeast side ofthe river, and one quarter on the northwest side
thereof.
To the children of the late Shawnese chief
captain Logan, or Spamagelabe, who fell in the service of the United
States during the late 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, 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 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, 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 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 Sawendebans, or the Yellow Hair, or
Peter Minor, an adopted 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
Boeuf 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. The United States engage to
appoint an agent, to reside 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 similar powers, shall be appointed, to reside among or
near the Shawnese 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 Shawnese.
And the agent for the Wyandots and Senecas
shall occupy such 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 gristmill, 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 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 one thousand eight hundred and eighteen, the
amount of the damages which were assessed by the authorit of the
secretary of war, in favor 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 Sanduskv 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 Shawnese, 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 has been paid by the United States to the
Shawnese, 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 Shawnese 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 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 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 of the Wyandot, Shawnese, 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, being attached to the Catholic religion, and
believing they may wish some of their children hereafter educated, do
grant to the rector of the Catholic 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, 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 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 theact of
congress, passed March the third, one thousand eight hundred and seven,
providing for the disposal 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, 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 Shawnese, 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 chiefs of the Ottawas 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 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 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.