Treaty with The Chippewa of Saginaw etc
August 2, 1855
Articles of agreement and convention, made and concluded
at the city of Detroit, in the State of Michigan, this second
day of August, 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 Chippewa Indians
of Saginaw, parties to the treaty of January 14, 1837, and
that portion of the band of Chippewa Indians of Swan Creek
and Black River, parties to the treaty of May 9, 1836, and
now remaining in the State of Michigan.
In view of the existing condition of the Indians aforesaid,
and of their legal and equitable claims against the United
States, it is agreed between the contracting parties as follows,
viz:
Article 1.
The United States will withdraw from sale, for the benefit
of said Indians, as herein provided, all the unsold public
lands within the State of Michigan embraced in the following
description, to wit:
First. Six adjoining townships of land in the county of Isabella,
to be selected by said Indians within three months from this
date, and notice thereof given to their agent.
Second. Townships Nos. 17 and 18 north, ranges 3, 4, and
5 east.
The United States will give to each of the said Indians,
being a head of a family, eighty acres of land; and to each
single person over twenty-one years of age, forty acres of
land; and to each family of orphan children under twenty-one
years of age, containing two or more persons, eighty acres
of land; and to each single orphan child under twenty-one
years of age, forty acres of land; to be selected and located
within the several tracts of land hereinbefore described,
under the same rules and regulations, in every respect, as
are provided by the agreement concluded on the 31st day of
July, A. D. 1855, with the Ottawas and Chippewas of Michigan,
for the selection of their lands.
And the said Chippewas of Saginaw and of Swan Creek and Black
River, shall have the same exclusive right to enter lands
within the tracts withdrawn from sale for them for five years
after the time limited for selecting the lands to which they
are individually entitled, and the same right to sell and
dispose of land entered by them, under the provisions of the
Act of Congress known as the Graduation Act, as is extended
to the Ottawas and Chippewas by the terms of said agreement.
And the provisions therein contained relative to the purchase
and sale of land for school-houses, churches, and educational
purposes, shall also apply to this agreement.
Article 2.
The United States shall also pay to the said Indians the
sum of two hundred and twenty thousand dollars, in manner
following, to wit:
First. Thirty thousand dollars for educational purposes,
to be paid in five equal annual instalments of four thousand
dollars each, and in five subsequent equal annual instalments
of two thousand dollars each, to be expended under the direction
of the President of the United States.
Second. Forty thousand dollars, in five equal annual instalments
of five thousand dollars each, and in five subsequent equal
annual instalments of three 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. One hundred and thirty-seven thousand and six hundred
dollars in coin, in ten equal instalments of ten thousand
dollars each, and in two subsequent equal annual instalments
of eighteen thousand and eight hundred dollars each, to be
distributed per capita in the usual manner for paying annuities.
Fourth. Twelve thousand and four hundred dollars for the
support of one blacksmith-shop for ten years.
The United States will also build a grist and saw mill for
said Indians at some point in the territory, to be selected
by them in said county of Isabella, provided, a suitable water-power
can be found, and will furnish and equip the same with all
necessary fixtures and machinery, and will construct such
dam, race, and other appurtenances as may be necessary to
render the water-power available: Provided That the whole
amount for which the United States shall be liable under this
provision, shall not exceed the sum of eight thousand dollars.
The United States will also pay the further sum of four thousand
dollars for the purpose of purchasing a saw-mill, and in repair
of the same, and in adding thereto the necessary machinery
and fixtures for a run of stone for grinding grain - the
same to be located on the tract described in clause "second,"
Article 1. The United States will also pay the further sum
of twenty thousand dollars, or so much thereof as may be necessary,
to be applied in liquidation of the present just indebtedness
of the said Indians; Provided, That all claims presented shall
be investigated under the direction of the Secretary of the
Interior within six months, who shall prescribe such rules
and regulations for conducting such investigation, and for
testing the validity and justice of the claims as he shall
deem suitable and proper. And no claim shall be paid except
on 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, 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 for the cessions and relinquishments aforesaid,
after satisfaction of the awards of the Secretary of the Interior,
shall be paid to the said Indians, or expended for their benefit
in such manner as the Secretary shall prescribe, in aid of
any of the objects specified in this treaty.
Article 3.
The said Chippewas of Saginaw, and of Swan Creek and Black
River, hereby cede to the United States all the lands within
the State of Michigan heretofore owned by them as reservations,
and whether held for them in trust by the United States or
otherwise; and they do hereby, jointly and severally, release
and discharge the United States from all liability to them,
and to their, or either of their said tribes, for the price
and value of all such lands, heretofore sold, and the proceeds
of which remain unpaid.
And they also hereby surrender all their, and each of their
permanent annuities, secured to them, or either of them by
former treaty stipulations, including that portion of the
annuity of eight hundred dollars payable to "the Chippewas,"
by the treaty of November 17, 1807, to which they are entitled,
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.
Article 4.
The entries of land heretofore made by Indians and by the
Missionary Society of the Methodist Episcopal Church for the
benefit of the Indians, on lands withdrawn from sale in townships
14 north, range 4 east, and 10 north, range 5 east, in the
State of Michigan, are hereby confirmed, and patents shall
be issued therefor as in other cases.
Article 5.
The United States will provide an interpreter for said Indians
for five years, and as much longer as the President may deem
necessary.
Article 6.
The tribal organization of said Indians, except so far as
may be necessary for the purpose of carrying into effect the
provisions of this agreement, is hereby dissolved.
Article 7.
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 Chippewas of Saginaw,
and of Swan Creek and Black River, have hereto set their hands
and seals at the city of Detroit, the day and year first above
written.
- Geo. W. Manypenny, [L. S.]
- Henry C. Gilbert, [L. S.]
- Commissioners.
- Richard M. Smith,
- J. Logan Chipman,
- Secretaries.
Saginaw Bands:
- Ot-taw-ance, chief, his x mark. [L. S.]
- O-saw-waw-bun, chief, his x mark. [L. S.]
- Nanck-che-gaw-me, chief, his x mark. [L. S.]
- Kaw-gay-ge-zhick, chief, his x mark. [L. S.]
- Shaw-shaw-way-nay-beece, chief, his x mark. [L. S.]
- Pe-nay-se-waw-be, chief, his x mark. [L. S.]
- Naw-we-ge-zhick, chief, his x mark. [L. S.]
- Saw-gaw-che-way-o-say, chief, his x mark. [L. S.]
- Naw-taw-way, chief, his x mark. [L. S.]
- Wain-ge-ge-zhick, chief, his x mark. [L. S.]
Swan Creek and Black River Band:
- Pay-me-quo-ung, chief, his x mark. [L. S.]
- Nay-ge-zhick, headman, his x mark. [L. S.]
- Caw-me-squaw-bay-no-kay, chief, his x mark. [L. S.]
- Pe-tway-we-tum, headman, his x mark. [L. S.]
- Kay-bay-guo-um, headman, his x mark. [L. S.]
- Pay-baw-maw-she, headman, his x mark. [L. S.]
- Aw-be-taw-quot, headman, his x mark. [L. S.]
- Aish-quay-go-nay-be, headman, his x mark. [L. S.]
- Pay-me-saw-aw, headman, his x mark. [L. S.]
- Aw-taw-we-go-nay-be, headman, his x mark. [L. S.]
- Pay-she-nin-ne, headman, his x mark. [L. S.]
- Maw-che-che-won, headman, his x mark. [L. S.]
Executed in the presence of - G. D. Williams.
- George Smith.
- W. H. Collins.
- Manasseh Hickey.
- P. O. Johnson.
- Joseph F. Marsal.
-
- Jno. M. D. Johnston,
- Chas. H. Rodd,
- L. M. Moran, Interpreters
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