Treaty with the Chippewa, etc., 1833

Sept. 26, 1833. | 7 Stat., 431. | Proclamation, Feb. 21, 1835.

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 Nation 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 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 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 band, 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 nation of Indians, have hereunto set their hands at Chicago, the said day and year.

In presence of—

Schedule A

(Referred to in the Treaty, containing the sums payable to Individuals in lieu of Reservations.)

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.)
[See Second Amendment, at end of this treaty.]

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 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.

In presence of—

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, 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 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 case, however, the said Indians shall sooner remove the Government may take immediate possession thereof.

ARTICLE 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.

In presence of—

SCHEDULE A

Referred to in the Article supplementary to the Treaty, containing the sums payable to Individuals, in lieu of Reservations of Land.

Agreeably to the stipulations 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.

In presence of—

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.

In the presence of—

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.

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 Young men of the Potawatamie tribe of Indians living at Na-to-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 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, his x mark, [L. S.]

Pit-goit-ke-se, his x mark, [L. S.]

Nah-o-te-nan, his x mark, [L. S.]

Ke-a-sac-wa, his x mark, [L. S.]

Sko-paw-ka, his x mark, [L. S.]

Ce-ce-baw, his x mark, [L. S.]

Na-wa-po-to, his x mark, [L. S.]

To-ta-gas, his x mark, [L. S.]

Pierre Morin, alias Perish, his x mark, [L. S.]

We-say-gah, his x mark, [L. S.]

Signed, sealed, and delivered in the presence of us—

R. A. Forsyth,

Robt. A. Kinzie,

G. Godfroy,

Witnesses to the signature of Pierre Morin, alias Perish, and Wa-say-gah.

Richard Godfroy,

Francis Mouton.

Chicago, Illinois, Oct. 1, 1834.

THO. J. V. OWEN, Esqr.

U. S. Indian Agent.
Oct. 1, 1834.

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 be 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.

R. Caldwell, [L. S.]

Kee-tshee-zhing-ee-beh, his x mark, [L. S.]

Tshee-tshee-beeng-guay, his x mark, [L. S.]

Joseph, his x mark, [L. S.]

Ob-ee-tah-kee-zhik, his x mark, [L. S.]

Wau-bon-see, his x mark, [L. S.]

Kay-kot-ee-mo, his x mark, [L. S.]

In presence of—

Richd. J. Hamilton,

Jno. H. Kenzie,

Dr. P. Maxwell, U. S. Army,

J. Grant, jr.,

E. M. Owen,

J. M. Baxley, captain Fifth Infantry.

[NOTE.-This Treaty and Supplementary Articles thereto, were ratified and confirmed,upon the conditions expressed in the two resolutions of the Senate in relationto the same; which conditions as contained in the first named resolution, are asfollows:

"That the Senate do advise and consent to the ratification of the Treaty, made onthe 26th day of September 1833, at Chicago, by George B. Porter and others, Commissionerson behalf of the United States, and the United Nation of Chippewas, 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 insertingthe 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 savedby 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 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 land belonging to the Fox and Sac Indians; hence 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 thousands 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 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 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.”]