Treaty with The Chippewa of The Mississippi
March 19, 1867
Articles of agreement made and concluded at Washington,
D. C., this 19th day of March, A. D. 1867, between the United
States represented by Louis V. Bogy, special commissioner
thereto appointed, William H. Watson, and Joel B. Bassett,
United States agent, and the Chippewas of the Mississippi,
represented by Que-we-zance, or Hole-in-the-Day, Qui-we-shen-shish,
Wau-bon-a-quot, Min-e-do-wob, Mijaw-ke-ke-shik, Shob-osk-kunk,
Ka-gway-dosh, Me-no-ke-shick, Way-namee, and O-gub-ay-gwan-ay-aush.
Whereas, by a certain treaty ratified March 20, 1865, between
the parties aforesaid, a certain tract of land was, by the
second article thereof, reserved and set apart for a home
for the said bands of Indians, and by other articles thereof
provisions were made for certain moneys to be expended for
agricultural improvements for the benefit of said bands: and
whereas it has been found that the said reservation is not
adapted for agricultural purposes for the use of such of the
Indians as desire to devote themselves to such pursuits, while
a portion of the bands desire to remain and occupy a part
of the aforementioned reservation, and to sell the remainder
thereof to the United States: Now, therefore, it is agreed-
Article 1.
The Chippewas of the Mississippi hereby cede to the United States
all their lands in the State of Minnesota, secured to them by the
second article of their treaty of March 20, 1865,* excepting and
reserving therefrom the tract bounded and described as follows,
to wit: Commencing at a point on the Mississippi River, opposite
the mouth of Wanoman River, as laid down on Sewall's map of Minnesota;
thence due north to a point two miles further north than the most
northerly point of Lake Winnebagoshish; thence due west to a point
two miles west of the most westerly point of Cass Lake; thence south
to Kabekona River; thence down said river to Leech Lake; thence
along the north shore of Leech lake to its outlet in Leech Lake
River; thence down the main channel of said river to its junction
with the Mississippi River, and thence down the Mississippi to the
place of beginning.
And there is further reserved for the said Chippewas out
of the land now owned by them such portion of their western
outlet as may upon location and survey be found to be within
the reservation provided for in the next succeeding section.
Article 2.
In order to provide a suitable farming region for the said
bands there is hereby set apart for their use a tract of land,
to be located in a square form as nearly as possible, with
lines corresponding to the Government surveys; which reservation
shall include White Earth Lake and Rice Lake, and contain
thirty-six townships of land: and such portions of the tract
herein provided for as shall be found upon actual survey to
lie outside of the reservation set apart for the Chippewas
of the Mississippi by the second article of the treaty of
March 20, 1865, shall be received by them in part consideration
for the cession of lands made by this agreement.
Article 3.
In further consideration for the lands herein ceded, estimated
to contain about two million of acres, the United States agree
to pay the following sums, to wit: Five thousand dollars for
the erection of school buildings upon the reservation provided
for in the second article; four thousand dollars each year
for ten years, and as long as the President may deem necessary
after the ratification of this treaty, for the support of
a school or schools upon said reservation; ten thousand dollars
for the erection of a saw-mill, with grist-mill attached,
on said reservation; five thousand dollars to be expended
in assisting in the erection of houses for such of the Indians
as shall remove to said reservation.
Five thousand dollars to be expended, with the advice of
the chiefs, in the purchase of cattle, horses, and farming
utensils, and in making such improvements as are necessary
for opening farms upon said reservation.
Six thousand dollars each year for ten years, and as long
thereafter as the President may deem proper, to be expended
in promoting the progress of the people in agriculture, and
assisting them to become self-sustaining by giving aid to
those who will labor.
Twelve hundred dollars each year for ten years for the support
of a physician, and three hundred each year for ten years
for necessary medicines.
Ten thousand dollars to pay for provisions, clothing, or
such other articles as the President may determine, to be
paid to them immediately on their removal to their new reservation.
Article 4.
No part of the annuities provided for in this or any former
treaty with the Chippewas of the Mississippi bands shall be
paid to any half-breed or mixed-blood, except those who actually
live with their people upon one of the reservations belonging
to the Chippewa Indians.
Article 5.
It is further agreed that the annuity of $1,000 a year which
shall hereafter become due under the provisions of the third
article of the treaty with the Chippewas of the Mississippi
bands, of August 2, 1847, shall be paid to the chief, Hole-in-the-Day,
and to his heirs; and there shall be set apart, by selections
to be made in their behalf and reported to the Interior Department
by the agent, one half section of land each, upon the Gulf
Lake reservation, for Min-a-ge-shig and Truman A. Warren,
who shall be entitled to patents for the same upon such selections
being reported to the Department.
Article 6.
Upon the ratification of this treaty, the Secretary of the
Interior shall designate one or more persons who shall, in
connection with the agent for the Chippewas in Minnesota,
and such of their chiefs, parties to this agreement, as he
may deem sufficient, proceed to locate, as near as may be,
the reservation set apart by the second article hereof, and
designate the places where improvements shall be made, and
such portion of the improvements provided for in the fourth
article of the Chippewa treaty of May 7, 1864, as the agent
may deem necessary and proper, with the approval of the Commissioner
of Indian Affairs, may be made upon the new reservation, and
the United States will pay the expenses of negotiating this
treaty, not to exceed ten thousand dollars.
Article 7.
As soon as the location of the reservation set apart by the
second article hereof shall have been approximately ascertained,
and reported to the office of Indian Affairs, the Secretary
of the Interior shall cause the same to be surveyed in conformity
to the system of Government surveys, and whenever, after such
survey, any Indian, of the bands parties hereto, either male
or female, shall have ten acres of land under cultivation,
such Indian shall be entitled to receive a certificate, showing
him to be entitled to the forty acres of land, according to
legal subdivision, containing the said ten acres or the greater
part thereof, and whenever such Indian shall have an additional
ten acres under cultivation, he or she shall be entitled to
a certificate for additional forty acres, and so on, until
the full amount of one hundred and sixty acres may have been
certified to any one Indian; and the land so held by any Indian
shall be exempt from taxation and sale for debt, and shall
not be alienated except with the approval of the Secretary
of the Interior, and in no case to any person not a member
of the Chippewa tribe.
Article 8.
For the purpose of protecting and encouraging the Indians,
parties to this treaty, in their efforts to become self-sustaining
by means of agriculture, and the adoption of the habits of
civilized life, it is hereby agreed that, in case of the commission
by any of the said Indians of crimes against life or property,
the person charged with such crimes may be arrested, upon
the demand of the agent, by the sheriff of the county of Minnesota
in which said reservation may be located, and when so arrested
may be tried, and if convicted, punished in the same manner
as if he were not a member of an Indian tribe.
In testimony whereof, the parties aforementioned, respectively
representing the United States and the said Chippewas of the
Mississippi, have hereunto set their hands and seals the day
and year first above written.
- Lewis V. Bogy, special commissioner. [SEAL.]
- W. H. Watson. [SEAL.]
- Joel B. Bassett, U. S. Indian agent. [SEAL.]
- Que-we-zance, or Hole-in-the-Day, his x mark. [SEAL.]
- Qui-we-shen-shish, his x mark. [SEAL.]
- Wau-bon-a-quot, his x mark. [SEAL.]
- Min-e-do-wob, his x mark. [SEAL.]
- Mi-jaw-ke-ke-shik, his x mark. [SEAL.]
- Shob-osh-kunk, his x mark. [SEAL.]
- Ka-gway-dosh, his x mark. [SEAL.]
- Me-no-ke-shick, his x mark. [SEAL.]
- Way-na-mee, his x mark. [SEAL.]
- O-gub-ay-gwan-ay-aush, his x mark. [SEAL.]
In presence of-
- T. A. Warren, United States interpreter.
- Charles E. Mix.
- Lewis S. Hayden.
- George B. Jonas.
- Thos. E. McGraw.
- John Johnson.
- George Bonga.
*This refers to the treaty of May 7, 1864, proclaimed March
20, 1865
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