Treaty with The Chippewa of The Mississippi and The Pillager and Lake Winnibigoshish Bands
May 7, 1864
Articles of agreement and convention made and concluded
at the city of Washington this seventh day of May, A. D. 1864,
between William P. Dole, Commissioner of Indian Affairs, and
Clark W. Thompson, superintendent of Indian affairs for the
northern superintendency, on the part of the United States,
and the Chippewa chief Hole-in-the-day, and Mis-qua-dace,
for and on behalf of the Chippewas of the Mississippi, and
Pillager and Lake Winnebagoshish bands of Chippewa Indians
in Minnesota.
Article 1.
The reservations known as Gull Lake, Mille Lac, Sandy Lake,
Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in
the second clause of the second article of the treaty with
the Chippewas of the twenty-second of February, 1855, are
hereby ceded to the United States, excepting one half section
of land, including the mission buildings at Gull Lake, which
is hereby granted in fee simple to the Reverend John Johnson,
missionary, and one section of land, to be located by the
Secretary of the Interior on the southeast side of Gull Lake,
and which is hereby granted in fee simple to the chief Hole-in-the-day,
and a section to chief Mis-qua-dace, at Sandy Lake, in like
manner, and one section to chief Shaw-vosh-kung, at Mille
Lac, in like manner.
Article 2.
In consideration of the foregoing cession, the United States
agree to set apart, for the future home of the Chippewas of
the Mississippi, all the lands embraced within the following-described
boundaries, excepting the reservations made and described
in the third clause of the second article of the said treaty
of February 22d, 1855, for the Pillager and Lake Winnebagoshish
bands; that is to say, beginning at a point one mile south
of the most southerly point of Leach Lake, and running thence
in an easterly course to a point one mile south of the most
southerly point of Goose Lake, thence due east to a point
due south from the intersection of the Pokagomin reservation
and the Mississippi River, thence on the dividing-line between
Deer River and lakes and Mashkordens River and lakes, until
a point is reached north of the first-named river and lakes;
thence in a direct line northwesterly to the outlet of Two
Routs Lake, then in a southwesterly direction to Turtle Lake,
thence southwesterly to the head-water of Rice River, thence
northwesterly along the line of the Red Lake reservation to
the mouth of Thief River, thence down the centre of the main
channel of Red Lake River to a point opposite the mouth of
Black River, thence southeasterly in a direct line with the
outlet of Rice Lake to a point due west from the place of
beginning, thence to the place of beginning.
Article 3.
In consideration of the foregoing cession to the United States,
and the valuable improvements thereon, the United States further
agree, first, to extend the present annuities of the Indians,
parties to this treaty, for ten years beyond the periods respectively
named in existing treaties; second, and to pay towards the
settlement of the claims for depredations committed by said
Indians in 1862, the sum of twenty thousand dollars; third,
to the chiefs of the Chippewas of the Mississippi, ten thousand
dollars, to be paid upon the ratification of this treaty;
and five thousand dollars to the chief Hole-in-the-day, for
depredations committed in burning his house and furniture
in 1862.
Article 4.
The United States further agree to pay seven thousand five
hundred ($7,500) dollars for clearing, stumping, grubbing,
breaking, and planting, on the reservation hereby set apart
for the Chippewas of the Mississippi, in lots of not less
than ten acres each, at such point or points as the Secretary
of the Interior may select, as follows, viz: For the Gull
Lake band, seventy (70) acres; for the Mille Lac band, seventy
(70) acres; for the Sandy Lake band, fifty (50) acres; for
the Pokagomin band, fifty (50) acres; for the Rabbit Lake
band, forty (40) acres; for the Rice Lake band, twenty (20)
acres; and to expend five thousand dollars ($5,000) in building
for the chiefs of said bands one house each, under the direction
of the Secretary of the Interior.
Article 5.
The United States agree to furnish to said Indians, parties
to this treaty, ten (10) yoke of good steady work oxen, and
twenty log-chains annually for ten years, provided the Indians
shall take proper care of and make proper use of the same;
also for the same period annually two hundred (200) grubbing-hoes,
ten (10) ploughs, ten (10) grindstones, one hundred (100)
axes, handled, not to exceed in weight three and one-half
pounds each, twenty (20) spades, and other farming implements,
provided it shall not amount to more than fifteen hundred
dollars in one year; also two carpenters, and two blacksmiths,
and four farm-laborers, and one physician.
Article 6.
The United States further agree to pay annually one thousand
dollars ($1,000) towards the support of a sawmill to be built
for the common use of the Chippewas of the Mississippi and
the Red Lake and Pembina bands of Chippewa Indians, so long
as the President of the United States may deem it necessary;
and to expend in building a road, bridges, &c., to their
new agency seven thousand five hundred dollars ($7,500;) and
to expend for new agency buildings, to be located by the Secretary
of the Interior for the common use of the Chippewas of the
Mississippi, Red Lake, and Pembina, and Pillager and Lake
Winnebagoshish bands of Chippewa Indians, twenty-five thousand
dollars ($25,000.)
Article 7.
There shall be a board of visitors, to consist of not less
than two nor more than five persons, to be selected from such
Christian denomination or denominations as the chiefs in council
may designate, whose duty it shall be to be present at all
annuity payments to the Indians, whether of goods, moneys,
provisions, or other articles, and to inspect the fields,
buildings, mills, and other improvements made or to be made,
and to report annually thereon, on or before the first day
of November; and also as to the qualifications and moral deportment
of all persons residing upon the reservation under the sanction
of law or regulation, and they shall receive for their services
five dollars per day for the time actually employed, and ten
cents per mile for travelling expenses; Provided, That no
one shall be paid in any one year for more than twenty days'
service, or for more than three hundred miles' travel.
Article 8.
No person shall be recognized as a chief whose band numbers
less than fifty persons; and to encourage and aid the said
chiefs in preserving order, and inducing by their example
and advice, the members of their respective bands to adopt
the pursuits of civilized life, there shall be paid to each
of said chiefs annually out of the annuities of said bands,
a sum not exceeding one hundred and fifty dollars, ($150,)
to be determined by their agent according to their respective
merits.
Article 9.
To improve the morals and industrial habits of said Indians,
it is agreed that no agent, teacher, interpreter, trader,
or other employees shall be employed, appointed, licensed,
or permitted to reside within the reservations belonging to
the Indians, parties to this treaty, missionaries excepted,
who shall not have a family residing with them at their respective
places of employment or trade within the agency, whose moral
habits and fitness shall be reported upon annually by the
board of visitors; and no person of full or mixed blood, educated
or partially educated, whose fitness, morally or otherwise,
is not conducive to the welfare of said Indians, shall receive
any benefit from this or any former treaties, and may be expelled
from the reservation.
Article 10.
All annuities under this or former treaties shall be paid
as the chiefs in council may request, with the approval of
the Secretary of the Interior, until otherwise altered or
amended, which shall be done whenever the board of visitors,
by the requests of the chiefs, may recommend it: Provided
That no change shall take place oftener than once in two years.
Article 11.
Whenever the services of laborers are required upon the reservation,
preference shall be given to full or mixed bloods, if they
shall be found competent to perform them.
Article 12.
It shall not be obligatory upon the Indians, parties to this
treaty, to remove from their present reservations until the
United States shall have first complied with the stipulations
of Articles IV and VI of this treaty, when the United States
shall furnish them with all necessary transportation and subsistence
to their new homes and subsistence for six months thereafter:
Provided, That, owing to the heretofore good conduct of the
Mille Lac Indians, they shall not be compelled to remove so
long as they shall not in any way interfere with or in any
manner molest the persons or property of the whites: Provided,
That those of the tribe residing on the Sandy Lake reservation
shall not be removed until the President shall so direct.
Article 13.
Female members of the family of any government employe[e]
residing on the reservation, who shall teach Indian girls
domestic economy, shall be allowed and paid a sum not exceeding
ten dollars per month while so engaged: Provided, That not
more than one thousand dollars shall be so expended during
any one year, and that the President of the United States
may suspend or annul this article whenever he may deem it
expedient to do so.
Article 14.
It is distinctly understood and agreed that the clearing
and breaking of land for the Chippewas of the Mississippi,
as provided for in the fourth article of this treaty, shall
be in lieu of all former engagements of the United States
as to the breaking of lands for those bands, and that this
treaty is in lieu of the treaty made by the same tribes, approved
March 11th, 1863.
In testimony whereof the said Wm. P. Dole and Clark W. Thompson,
on behalf of the United States, and Chippewa chiefs, Hole-in-the-day
and Mis-qua-dace, on behalf of Indians parties to this treaty,
have hereunto set their hands and affixed their seals this
seventh day of May, A. D. one thousand eight hundred and sixty-four.
- W. P. Dole, Commissioner Indian Affairs. [SEAL.]
- Clark W. Thompson, Superintendent Indian Affairs. [SEAL.]
- Que-ze-zance, or Hole-in-the-day, his x mark. [SEAL.]
- Mis-qua-dace, or Turtle, his x mark. [SEAL.]
Signed in presence of-
- Peter Roy, special interpreter.
- Benjn. Thompson.
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