Treaty with the Stockbridge Tribe, 1848





Treaty with the Stockbridge Tribe, 1848

Nov. 24, 1848. | 9 Stat., 955. | Ratified Mar. 1, 1849.

WHEREAS by an act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved on the third day of March, A. D. 1843, it was provided that the township of land on the east side of Winnebago Lake, secured to said tribe by the treaty with the Menomonee Indians of February 8th,1831, as amended by the Senate of the United States, and not heretofore ceded by said tribe to the United States, should be divided and allotted among the individual members of said tribe, by commissioners to be elected for that purpose, who were to make report of such division and allotment, and thereupon the persons composing said tribe were to become citizens of the United States.

And whereas a portion of said tribe refused to recognize the validity of said act of Congress, or the proceedings which were had under it, or to be governed by its provisions, and upon their petition a subsequent act was passed by the Congress of the United States, on the 6th day of August, 1846, repealing the said act of March 3d, 1843, and providing, among other things, that such of said tribe as should enroll themselves with the subagent of Indians affairs at Green Bay, should be and remain citizens of the United States, and the residue of said tribe were restored to their ancient form of government as an Indian tribe. It was also provided that the said township of land should be divided into two districts, one of which was to be known as the “Indian district,” the other as the “citizen district;” the former to be held in common by the party who did not desire citizenship, and the latter to be divided and allotted among such as were citizens and desired to remain so.

And whereas it has been found impracticable to carry into full effect the provisions of the act of August 6th, 1846, by dividing the said township of land in the manner specified in said act, without infringing upon private rights acquired in good faith under the act of 1843 hereinbefore referred to, with a view of relieving both the Indian and citizen parties of said Stockbridge tribe of Indians from their present embarrassments, and to secure to each their just rights, articles of agreement and compromise have been entered into, as follows:

Articles of agreement and treaty made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of November, in the year of our Lord one thousand eight hundred and forty-eight, by and between the undersigned, acting commissioners on the part of the United States of America, and the Stockbridge tribe of Indians.


The said Stockbridge tribe of Indians renounce an participation in any of the benefits or privileges granted or conferred by the act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved March 3, 1843, and relinquish all rights secured by said act; and they do hereby acknowledge and declare themselves to be under the protection and guardianship of the United States, as other Indian tribes.


That no misunderstanding may exist, now or hereafter, in determining who compose said tribe and are parties hereto, it is agreed that a roll or census shall be taken and appended to this agreement, and in like manner taken annually hereafter, and returned to the Secretary of the War Department of the United States, containing the names of all such as are parties hereto, and to be known and recognized as the Stockbridge tribe of Indians, who shall each be entitled to their due proportion of the benefits to be derived from the provisions made for their tribe by this and former agreements; and whenever any of them shall separate themselves from said tribe, or abandon the country which may be selected for their future home, the share or portion of such shall cease, and they shall forfeit all claims to be recognized as members of said tribe.


The said Stockbridge tribe of Indians hereby sell and relinquish to the United States the township of land on the east side of Lake Winnebago, (granted and secured to said tribe by the treaty with the Menomonee tribe of Indians of February 8, 1831, as amended by the resolution of the Senate of the United States,) and situated in the State of Wisconsin.


The said township of land shall be surveyed into lots, in conformity with the plan adopted by the commissioners elected under the act of March 3, 1843, and such of said lands as were allotted by said commissioners to members of said tribe who have become citizens of the United States (a schedule of which is hereunto annexed) are hereby confirmed to such individuals respectively, and patents therefor shall be issued by the United States. The residue of said lands belonging to the United States shall be brought into market but shall not be sold at less than the appraised value, unless the Senate of the United States shall otherwise determine.


In consideration of the cession and relinquishment hereinbefore made by the said Stockbridge tribe of Indians, it is agreed that the United States shall pay to said tribe, within six months after the ratification of this agreement, the sum of sixteen thousand five hundred dollars, to enable them to settle their affairs, obtain necessaries, and make provision for establishing themselves in a new home.


The United States shall also pay to said tribe, within six months after the ratification of this agreement, the sum of fourteen thousand five hundred and four dollars and eighty-five cents, being the appraised value of their improvements upon the lands herein ceded and relinquished to the United States, and to be paid to the individuals claiming said improvements according to the schedule and assessment herewith transmitted.


It is further stipulated and agreed that the said Stockbridge tribe may remain upon the lands they now occupy for one year after the ratification of this agreement, and that they will remove to the country set apart for them, or such other west of the Mississipi River as they may be able to secure, where all their treaty stipulations with the Government shall be carried into effect.


Whenever the said Stockbridge tribe shall signify their wish to emigrate, 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 home.


It is further stipulated and agreed, that, for the purpose of making provision for the rising generation of said tribe, the sum of sixteen thousand five hundred dollars shall be invested by the United States in stock, bearing an interest of not less than five per cent. per annum, the interest of which shall be paid annually to said tribe, as other annuities are paid by the United States.


It is agreed that nothing herein shall prevent a survey of said lands, at any time after the ratification of this agreement, and that said tribe shall commit no waste or do unnecessary damage upon the premises occupied by them.


The United States will pay the expenses incurred by the sachem and head-men, amounting to three thousand dollars, in attending to the business of said tribe since the year 1843.


This agreement to be binding and obligatory upon the contracting parties from and after its ratification by the Government of the United States.

In witness whereof, the said commissioners, and the sachem, councillors, and headmen of said tribe, have hereunto set their hands and seals, the day and year above written.

Morgan L. Martin, [L. S.] Jeremiah Slingerland, [L. S.]
Albert G. Ellis, [L. S.] * Benjamin Pye, 2d, [L. S.]
Augustin E. Quinney, sachem, [L. S.] Simon S. Metoxen, [L. S.]
Zeba T. Peters, [L. S.] (Councillor.) Daniel Metoxen, [L. S.]
Peter D. Littleman, [L. S.] (Councillor.) * Moses Charles, [L. S.]
* Abram Pye, [L. S.] (Councillor.) * Benjamin Pye, 3d, [L. S.]
Joseph M. Quinney, [L. S.] * Jacob Jehoiakim, [L. S.]
Samuel Stephens, [L. S.]  
John Metoxen, [L. S.] (Councillor.) * Laurens Yocron, [L. S.]
John W. Quinney, [L.S.] (Councillor.) * Thomas Schanandoah, [L. S.]
Samuel Miller, [L. S.] (Councillor.) * John W. Quinney, jr., [L. S.]
* David Palmer, [L. S.] * Nicolas Palmer, [L. S.]
Ezekiel Ribinson, [L. S.] John P. Quinney, [L. S.]
* James Joshua, [L. S.] * Washington Quinney, [L. S.]
* Garrett Thompson, [L. S.] * Aaron Turkey. [L. S.]

To each of the names of the Indians marked with an asterisk is affixed his mark.

In presence of—

Charles A. Grignon, U. S. Interpreter.

Lemuel Goodell,

Eleazer Williams,

Charles Poreuninozer.



Whereas the Stockbridge and Munsee Indians consider that they have a claim against the United States for indemnity for certain lands on White River in the State of Indiana, and for certain other lands in the State of Wisconsin, which they allege they have been deprived of by treaties entered into with the Miamies and Delawares, or to the lands claimed by them in Indiana, and with the Menomonees and Winnebagoes, or to the lands in Wisconsin, without their consent; and whereas the said Stockbridge and Munsee Indians, by their chiefs and agents, have continued to prosecute their said claims during the last twenty years at their own expense, except the sum of three thousand dollars paid them in 1821; and whereas it is desirable that all ground of discontent on the part of said Indians shall be removed, the United States do further stipulate, in consideration of the relinquishment by them of said claims, and all other, except as provided in this treaty, to pay the sachems or chiefs of said Indians, on the ratification of this article by them, with the assent of their people, the sum of five thousand dollars, and the further sum of twenty thousand dollars, to be paid in ten annual instalments, to commence when the said Indians shall have selected and removed to their new homes, as contemplated by the seventh article of this treaty.

The President of the United States, within two years from the ratification of this treaty, shall procure for the use of said Stockbridge Indians a quantity of land west of the Mississippi River, upon which they shall reside, not less than seventy-two sections, said Indians to be consulted as to the location of said land, and to be holden by the same tenure as other Indian lands.

Roll or census of the Stockbridge tribe of Indians, taken in conformity with the provisions of the second article of the within agreement.

Heads of families. Male. Female. Boys. Girls. Total
Austin E. Quinney 1 1 3 4 9
John Metoxen 1     2 1
Benjamin Pye, sen 1 1   1 3
Garret Thompson 1 1 2   4
Elisha Konkapot 1 1 1   3
John W. Quinney 1       1
John P. Quinney 1 1 1   3
Peter D. Littleman 1 1 1 2 5
Jonas Thompson 1 1 1 1 4
James Joshua 1       1
Joseph M. Quinney 1 1 2 1 5
Simon L. Metoxen 1 1 2 5 9
Benjamin Pye, 2d 1 1 1 3 6
Thomas Schenandoah 1 1     2
Aaron Turkey 1 1 2 2 6
Abram Pye 1 1 4 1 7
Benjamin Pye, 4th 1 1   1 3
Benjamin Doxtater 1 1 1 1 4
Moses Charles 1 1 1 1 4
Benjamin Pye, 3d 1 1 1 1 4
Eli Williams 1       1
David Palmer 1 1 1   3
Jacob Konkapot 1 1   1 3
Daniel Metoxen 1 1     2
Elizabeth Palmer (widow)   1 1 1 3
Elizabeth Aaron   1 1 2 4
Catharine Butterfield   1   1 2
Samuel Miller 1 1 4 2 8
Louisa Jamison   1     1
Jacob Jahoicum 1       1
Anna Turkey   1     1
Jeremiah Slingerland 1   3   4
John Yocum 1 1   2 4
Elizabeth Wilber   1 1 3 5
John W. Quinney, jr., and sister 1 1     2
Clarissa Miller and son 1 1     2
Elizabeth Pye   1   1 2
Phoebe S. Ricket   1     1
Josiah Abrams, wife, and sister 1 2     3
Jeremiah Bennet 1 2   2 5
Paul Pye 1 1 1   3
Peter Bennet 1       1
Ziba T. Peters 1 1 2   4
Ezekiel Robinson and brother     2   2
Lawrence Yocum 1       1
Moses Doxtater 1     1 2
Lucinda Quinney   1 2 1 4
Jemima Doxtater   1     1
Amelia Quinney   1 1   2
Peter Bennet, sen 1 1 1 3 6
John Bennet 1 1 1 1 4
Levi Konkapot 1       1
Samuel Stevens 1       1
John Killsnake 1       1
Lewis Hendricks 1       1
Diana Davids   1     1

M. L. Martin,

Albert G. Ellis,

Austin E. Quinney.


Stockbridge, November 24, 1848.

John Metoxen, Benjamin Pye, 3d,
John W. Quinney, Jacob Jehoiakim,
Samuel Miller, David Palmer,
Ziba T. Peters, Ezekiel Robinson,
Peter D. Littleman, James Joshua,
Abram Pye, Garret Thompson,
Joseph M. Quinney, Laurens Yocum,
Samuel Stephens, Thomas Schanandoah,
Jeremiah Slingerland, Joshua W. Quinney, jr.,
Benjamin Pye, 2d, Nicholas Palmer,
Simon S. Metoxen, John P. Quinney,
Daniel Metoxen, Washington Quinney,
Moses Charles, Aaron Turkey.


Schedule of lands to be patented to individuals under the 4th article of the above agreement.

Names. No. of lot. No. of acres.
Josiah Chicks 1  
Nancy Chicks 2  
John N. Chicks 4  
Jacob Davids 5  
Harvey Johnson 8  
Hannah P. Chicks 10  
Dindemia, Big Deer 1/8 E. end 14 22.66
Puella Jourdain 16  
Jacobs Chicks 17  
John N. Chicks 18  
Josiah Chicks 20  
Jacob Chicks 21  
Jos. L. Chicks 22  
Jacob Chicks 23  
John N. Chicks 24  
Moses E. Merrill 25,26,27  
John N. Chicks 28, 29  
Jane Dean 30  
Mariette Abrams 31  
Catharine Mills N. ½ 32 30.62
Joseph L. Chicks 33  
John Dick 37  
John More 38  
Isaac Jocobs 40  
Benjamin Welch 31  
Lucy Jacobs 44  
Daniel Davids 47  
Daniel Davids N. ½ 48  
John W. Abrams S. ½ 48  
Louisa Davids 50  
Harry E. Eastman 51  
Eunice Abrams 52  
Daniel Davids 53  
John N. Chicks 54  
Hoel S. Wright S. part of 55 5
Oscar Wright N. part of 55 57½
John Littleman S ½ 56  
Daniel Davids N ½ 56  
Darius Davids 57  
Margaret Davids 58  
Daniel Davids 60  
Erastus Welch, (a strip E. of road) 65 6 chains 25 lks. wide off S. side of lot.
Richard Fiddler E. of road 65 Balance of the lot.
Henry Modlin part 65 W. of road, 54 3/8
Henry Jacobs 63  
Lucy Jacobs frac’l part of 66 W. of road, 50.50
John W. Abrams E ½ 68  
John Dick 70  
Eunice Abrams N. ½ 76  
Mary Hendrick E. ½ 78  
Isaac Jacobs and George Bennet 79  
John N. Chicks 81  
John N. Chicks and Jacob Davids 82  
Nancy Hunt W. ½ 83 31 ¼
James Menagre and Betsy Menagre part of 84 E. end 15 ½
Betsy Wyatt W. ½ 85 & 86 62 ½
William Gardner 87  
Timothy Jourdain 90  
Timothy Jourdain S. ½ 91 31.25
Charles Stevens 92 & 94  
Nancy Homm 98  
Joseph L. Chicks 102  
John N. Chicks 103  
John Moore 105  
Josiah Chicks 106  
John N. Chicks 110  
Timothy Jourdain 111, 112  
John Littleman 113  
Nathan Goodell 115  
Charles Stevens S. part 119 50
Catharine Littleman E. part 128 54.60
John Moore 129  
John W. Abrams 130  
Jacob Davids 131  
Adam Sheriff W. ½ 132 31.25
Jacob Davids 133  
Joseph L. Chicks 134  
Catharine Mills W. ½ 136  
Joseph Doxtater 144 & 145  
Isaac Jacobs 151  
Alexander Abrams 154  
Jacob Davids 155  
Darius Davids 156  
John Littleman 157  
Isaac Jacobs 158  
Hannah W. Chicks 159  
Catharine Mills 160  
Nathan Goodell 170  
John N. Chicks 173  
James N. Lane 174  
Jacob Davids 175  
Job Moore 176  
Thomas J. Chicks 179  
Harvey Johnson 180  
Nancy Gardner 181  
Abagail Jourdain 182  
Abram Chicks 184  
Bartholomew Bowman 186  
Harriet Jourdain 187  
Andrew Chicks 188  
Sarah Davids 189  
Job Moore 191  
William Gardner S. part of 192, and 221 50
Mordy Mann N. part of 192, and 221 70
Mary N. Chicks 194  
William Gardner 220  
Triphane E. Jourdain 222  
Caleb Moors 223  
Isaac Simons 224  
Isabel Chicks 225  
Sophia M. Jourdain 226  
Jesse Bownan 227  
Catharine Franks 228  
Jonathan Chicks 229  
Jonas Davids 231  
Adam Davids 232  
Linke Jourdain 233  
Elizabeth Moore 234  
Joseph Doxtater 235  
George Bennet 237  
Isaac Simmons 240  
Abigail Moore 263  
Henry Moore 264  
William Scott 265  
William Scott S. ½ 266  
George Bennet N. ½ 266  
Reuben Johnson 267  
Silas Jourdain 268  
Jesse M. Jourdain 271  
Simon Gardner 274  
Hannah Moore 276  
Solomon Davids 277  
Edward Howell 279  
Harriet Johnson 280  
Lucinda Gardner 282  
Hope Moore 284  
Jemison C. Chicks 308  
Obadiah Gardner 309  
Rachael Davids 313  
Julius Davids 314  
Elizabeth Bowman 315  
Jeremiah Gardner 316  
Mary Jane Bowman 317  
Nancy Johnson 319  
Jason Simmons 320  
Betsy Menagre 321  
Darius Davids 323  
Humble M. Jourdain 325  
Stephen Gardner 326  
Francis T. Davids 327  
Mary McAllister 328  
Mary Hendrick 335  
Susannah Hendrick 349  
Jacob Moore 355  
David Gardner 357  
George Gardner 359  
Catharine Bowman 360  
Serepta Johnson 361  
Thankful Stephens 362  
William Gardner 364  
Joseph Chicks 365  
John Chicks 366  
Charles Stephens 367, 368
Timothy Jourdain 369, 370, 371
Jacob Chicks 372, 373
Paul D. Hayward 375  
State of Wisconsin 383 School purposes.
Timothy Jourdain 384  
Jeremiah Johnson 385, 389
American Board of Commissioners for Foreign Missions. 386, 390
Jacob Chick 387, 391
Timothy Jourdain 388   
John N. Chicks 392, 396
William Gardner 393, 394, 397, 398
Lemuel Goodell N. end 395 2 acres.

M. L. Martin.

Albert G. Ellis.


Valuation of improvements, (vide Art. 6.)

  Acres. Dollars.
Austin E. Quinney 163.38 2,760 63
  49.50 718 25
Joseph M. Quinney 30.90 617 15
Samuel Stevens 38.76 703 26
Moses Chicks 43.00 980 50
Elizabeth Palmer 29.06 512 41
Samuel Miller 55.62 880 87
Elisha Konkapot 5.00 142 50
Peter D. Littleman 3.25 168 88
John P. Quinney 15.50 267 50
Heirs of J. Yocum 5.78 78 03
Aaron Turkey 6.00 311 00
Benjamin Pye, 2d 40.00 640 00
John Metoxen 50.00 825 00
Mrs. B. Wright 5.00 67 50
Abraham Pye 30.00 495 00
Benjamin Pye, 4th   40 00
Benjamin Pye, sr   40 00
Benjamin Pye, 3d 20.00 350 00
Garrett Thompson 30.00 485 00
Ziba T. Peters 10.00 215 00
Betsy T. Aaron 3.00 85 00
Thomas Skenandoah 17.00 349 50
Simon S. Metoxen 30.00 535 00
Elizabeth Wilber 41.62 711 87
Ezekiel Robinson 4.00 60 00
J. W. Quinney 60.00 1,315 00
School-house   150 00
    $14,504 85

M. L. Martin.

Albert G. Ellis.