Treaty with The Chippewa - Red Lake and Pembina Bands
October 2, 1863
Articles of a treaty made and concluded at the Old Crossing
of Red Lake River, in the State of Minnesota, on the second
day of October, in the year eighteen hundred and sixty-three,
between the United States of America, by their commissioners,
Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa
Indians, and the Red Lake and Pembina bands of Chippewas;
by their chiefs, head-men, and warriors.
Article 1.
The peace and friendship now existing between the United
States and the Red Lake and Pembina bands of Chippewa Indians
shall be perpetual.
Article 2.
The said Red Lake and Pembina bands of Chippewa Indians do
hereby cede, sell, and convey to the United States all their
right, title, and interest in and to all the lands now owned
and claimed by them in the State of Minnesota and in the Territory
of Dakota within the following described boundaries, to wit:
Beginning at the point where the international boundary between
the United States and the British possessions intersects the
shore of the Lake of the Woods; thence in a direct line southwesterly
to the head of Thief River; thence down the main channel of
said Thief River to its mouth on the Red Lake River; thence
in a southeasterly direction, in a direct line toward the
head of Wild Rice River, to the point where such line would
intersect the northwestern boundary of a tract ceded to the
United States by a treaty concluded at Washington on the 22d
day of February, in the year eighteen hundred and fifty-five,
with the Mississippi, Pillager, and Lake Winnebigoshish bands
of Chippewa Indians; thence along the said boundary-line of
the said cession to the mouth of Wild Rice River; thence up
the main channel of the Red River to the mouth of the Shayenne;
thence up the main channel of the Shayenne River to Poplar
Grove; thence in a direct line to the Place of Stumps, otherwise
called Lake Chicot; thence in a direct line to the head of
the main branch of Salt River; thence in a direct line due
north to the point where such line would intersect the international
boundary aforesaid; thence eastwardly along said boundary
to the place of beginning.
Article 3.
In consideration of the foregoing cession, the United States
agree to pay to the said Red Lake and Pembina bands of Chippewa
Indians the following sums, to wit: Twenty thousand dollars
per annum for twenty years; the said sum to be distributed
among the Chippewa Indians of the said bands in equal amounts
per capita, and for this purpose an accurate enumeration and
enrollment of the members of the respective bands and families
shall be made by the officers of the United States: Provided,
That so much of this sum as the President of the United States
shall direct, not exceeding five thousand dollars per year,
may be reserved from the above sum, and applied to agriculture,
education, the purchase of goods, powder, lead, &c., for
their use, and to such other beneficial purposes, calculated
to promote the prosperity and happiness of the said Chippewa
Indians, as he may prescribe.
Article 4.
And in further consideration of the foregoing cession, and
of their promise to abstain from such acts in future, the
United States agree that the said Red Lake and Pembina bands
of Chippewa Indians shall not be held liable to punishment
for past offences. And in order to make compensation to the
injured parties for the depredations committed by the said
Indians on the goods of certain British and American traders
at the mouth of Red Lake River, and for exactions forcibly
levied by them on the proprietors of the steamboat plying
on the Red River, and to enable them to pay their just debts,
the United States agree to appropriate the sum of one hundred
thousand dollars, it being understood and agreed that the
claims of individuals for damages or debt under this article
shall be ascertained and audited, in consultation with the
chiefs of said bands, by a commissioner or commissioners appointed
by the President of the United States; furthermore, the sum
of two thousand dollars shall be expended for powder, lead,
twine, or such other beneficial purposes as the chiefs may
request, to be equitably distributed among the said bands
at the first payment: Provided, That no part of the sum of
one hundred thousand dollars shall be appropriated or paid
to make compensation for damages or for the payment of any
debts owing from said Indians until the said commissioner
or commissioners shall report each case, with the proofs thereof,
to the Secretary of the Interior, to be submitted to Congress,
with his opinion thereon, for its action; and that, after
such damages and debts shall have been paid, the residue of
said sum shall be added to the annuity funds of said Indians,
to be divided equally upon said annuities.
Article 5.
To encourage and aid the chiefs of said bands in preserving
order and inducing, by their example and advice, the members
of their respective bands to adopt the habits and pursuits
of civilized life, there shall be paid to each of the said
chiefs annually, out of the annuities of the said bands, a
sum not exceeding one hundred and fifty dollars, to be determined
by their agents according to their respective merits. And
for the better promotion of the above objects, a further sum
of five hundred dollars shall be paid at the first payment
to each of the said chiefs to enable him to build for himself
a house. Also, the sum of five thousand dollars shall be appropriated
by the United States for cutting out a road from Leach Lake
to Red Lake.
Article 6.
The President shall appoint a board of visitors, to consist
of not less than two nor more than three persons, to be selected
from such Christian denominations as he may designate, whose
duty it shall be to attend at all annuity payments of the
said Chippewa Indians, to inspect their field and other improvements,
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 authority
of law; and they shall receive for their services five dollars
a 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 7.
The laws of the United States now in force, or that may hereafter
be enacted, prohibiting the introduction and sale of spirituous
liquors in the Indian country, shall be in full force and
effect throughout the country hereby ceded, until otherwise
directed by Congress or the President of the United States.
Article 8.
In further consideration of the foregoing cession, it is
hereby agreed that the United States shall grant to each male
adult half-breed or mixed-blood who is related by blood to
the said Chippewas of the said Red Lake or Pembina bands who
has adopted the habits and customs of civilized life, and
who is a citizen of the United States, a homestead of one
hundred and sixty acres of land, to be selected at his option,
within the limits of the tract of country hereby ceded to
the United States, on any land not previously occupied by
actual settlers or covered by prior grants, the boundaries
thereof to be adjusted in conformity with the lines of the
official surveys when the same shall be made, and with the
laws and regulations of the United States affecting the location
and entry of the same: Provided, That no scrip shall be issued
under the provisions of this article, and no assignments shall
be made of any right, title, or interest at law or in equity
until a patent shall issue, and no patent shall be issued
until due proof of five years' actual residence and cultivation,
as required by the act entitled "An act to secure homesteads
on the public domain."
Article 9.
Upon the urgent request of the Indians, parties to this treaty,
there shall be set apart from the tract hereby ceded a reservation
of (640) six hundred and forty acres near the mouth of Thief
River for the chief "Moose Dung," and a like reservation of
(640) six hundred and forty acres for the chief "Red Bear,"
on the north side of Pembina River.
In witness whereof, the said Alexander Ramsey and Ashley
C. Morrill, commissioners on the part of the United States,
and the chiefs, headmen, and warriors of the Red Lake and
Pembina bands of Chippewa Indians, have hereunto set their
hands, at the Old Crossing of Red Lake River, in the State
of Minnesota, this second day of October, in the year of our
Lord one thousand eight hundred and sixty-three.
- Alex. Ramsey,
- Ashley C. Morrill,
- Commissioners.
-
- Mons-o-mo, his x mark, Moose Dung, Chief of Red Lake.
- Kaw-wash-ke-ne-kay, his x mark, Crooked Arm, Chief of Red Lake.
- Ase-e-ne-wub, his x mark, Little Rock, Chief of Red Lak(e).
- Mis-co-muk-quoh, his x mark, Red Bear, Chief of Pembina.
- Ase-anse, his x mark, Little Shell, Chief of Pembina.
- Mis-co-co-noy-a, his x mark, Red Rob, Warrior of Red Lake.
- Ka-che-un-ish-e-naw-bay, his x mark, The Big Indian, Warrior of Red Lake.
- Neo-ki-zhick, his x mark, Four Skies, Warrior of Red Lake.
- Nebene-quin-gwa-hawegaw, his x mark, Summer Wolverine, Warrior of Pembina.
- Joseph Gornon, his x mark, Warrior of Pembina.
- Joseph Montreuil, his x mark, Warrior of Pembina.
- Teb-ish-ke-ke-shig, his x mark, Warrior of Pembina.
- May-shue-e-yaush, his x mark, Dropping Wind, Head Warrior of Red Lake.
- Min-du-wah-wing, his x mark, Berry Hunter, Warrior of Red Lake.
- Naw-gaun-e-gwan-abe, his x mark, Leading Feather, Chief of Red Lake.
Signed in presence of -
- Paul H. Beaulieu, special interpreter.
- Peter Roy,
- T. A. Warren, United States interpreter.
- J. A. Wheelock, secretary.
- Reuben Ottman, secretary.
- George A. Camp, major Eighth Regiment Minnesota Volunteers.
- William T. Rockwood, Captain Company K, Eighth Regiment Minnesota Volunteers.
- P. B. Davy, Captain Company L, First Regiment Minnesota Mounted Rangers.
- G. M. Dwelle, Second Lieutenant Third Minnesota Battery.
- F. Rieger, Surgeon Eighth Regiment Minnesota Volunteers.
- L. S. Kidder, First Lieutenant Company L, First Minnesota Mounted Rangers.
- Sam. B. Abbe.
- C. A. Kuffer.
- Pierre x Bottineau.
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