Treaty with The Chippewa, etc.
July 16, 1859
Articles of agreement and convention made and concluded
at the Sac and Fox agency on this sixteenth day of July, one
thousand eight hundred and fifty-nine, by David Crawford,
commissioner on the part of the United States, and the following-named
delegates representing the Swan Creek and Black River Chippewas
and the Munsee or Christian Indians, they being duly authorized
thereto by said Indians, viz: Eshton-quit, or Francis McCoonse,
Edward McCoonse, William Turner, Antwine Gokey, Henry Donohue,
Ignatius Caleb, and John Williams.
Whereas the Swan Creek and Black River band of Chippewas,
of Kansas Territory, who were parties to the treaty of May
9, 1836, claim to be entitled to participate in the beneficial
provisions of the subsequent treaty of August 2, 1855, under
a misapprehension of the terms and conditions of said instrument,
the provisions of which were only designed to embrace the
Chippewas of Saginaw and that portion of the Chippewas of
Swan Creek and Black River who were then residing in Michigan;
and whereas a reservation of eight thousand three hundred
and twenty acres, or thirteen sections of land, was set apart
in Kansas Territory for the use of the Swan Creek and Black
River band of Chippewas, in consideration of the cession and
relinquishment of certain lands in the State of Michigan which
were reserved for said band of Indians by the 6th article
of the treaty of November 17, 1807; and in view of the fact
that a part of the aforesaid band, who now reside in the Territory
of Kansas, have not received their full proportion of the
benefits designed to have been conferred upon them by the
provisions of the second article of the treaty of May 9, 1836,
it is understood to be the intention of the United States,
in the execution of these articles of agreement and convention,
to manifest their liberality and disposition to encourage
said Indians in agricultural pursuits, and, with a view to
remove from their minds all erroneous impressions respecting
the non-fulfilment of the stipulations of former treaties,
a liberal provision will be made for their benefit as hereinafter
expressed. It is further understood to be the intention of
this instrument to unite the Munsee or Christian Indians with
the aforesaid band of Chippewas, in order to provide them
with a suitable and permanent home, as contemplated by the
act of Congress entitled "An act to confirm the sale
of the reservation held by the Christian Indians, and to provide
a permanent home for said Indians," approved June 8,
1858.
Article 1.
The United States agree that the reservation of eight thousand
three hundred and twenty acres, or thirteen sections of land,
in Franklin County, Kansas Territory, set apart for the entire
band of Swan Creek and Black River Chippewas, shall inure
to the benefit of that portion of said band now residing thereon,
and the United States shall cause said reservation to be surveyed
into sections, half, quarter, and quarter-quarter sections,
in harmony with the public-land system. For the purpose of
securing a permanent home thereon for the band of Munsee or
Christian Indians who have expressed a desire to unite with
said band of Chippewas, it is agreed between the contracting
parties to this instrument that the aforesaid bands of Indians
are hereby united for their mutual advantage as herein indicated.
And within said reservation there shall be assigned, in severalty,
to the members of said united bands, not exceeding forty acres
of land to each head of a family, and not exceeding forty
acres to each child or other member of said family; forty
acres to each orphan child, and eighty acres to each unmarried
person of the age of twenty-one years and upwards, not connected
with any family, to include in each case, so far as practicable,
a reasonable proportion of timber; and the selections shall
be so made as to respect the present improvements of the aforesaid
Chippewas, so far as the same can be done consistently with
the rights of the Christian Indians, and when it is found
expedient to select lands for one Indian, embracing part of
the improvements made by another, then, in such case, a reasonable
compensation shall be made for such improvements by the Indian
to whom they may be assigned by the party entitled to the
same, to be determined by the Secretary of the Interior, upon
an investigation of the facts in the case. At a suitable point
within said reservation there shall be set apart for the establishment
of a manual-labor school and educational and missionary purposes
a quarter section of land, or one hundred and sixty acres,
and the land so set apart, together with the tracts which
may be assigned to the members of said united bands, shall
be in as regular and compact a body as possible, and so as
to admit of a distinct and well-defined exterior boundary,
embracing the whole of them, and also any intermediate portions
or parcels of land or water not included in or made part of
the tracts assigned in severalty. Any such intermediate parcels
of land and water shall be held by said united bands in common,
but in case of increase in the bands of said Indians, or other
cause rendering it necessary or expedient, the said intermediate
parcels of land shall be subject to distribution and assignment
in severalty, in such manner as the Secretary of the Interior
shall prescribe and direct. The whole of the lands assigned
or unassigned in severalty embraced within said exterior boundary
to include in the aggregate not exceeding seven sections,
or four thousand eight hundred and eighty acres of land, shall
constitute and be known as the Chippewa and Christian Indian
reservation, within and over which all laws passed or which
may be passed by Congress, regulating trade and intercourse
with the Indian tribes, shall have full force and effect.
And no white person, except such as may be in the employ of
the United States, shall be allowed to reside or go upon any
portion of said reservation without the written permission
of the superintendent of Indian affairs, or agent, or other
person who may be intrusted with the management and control
thereof. The aforesaid division and assignment of lands to
the Indians shall be made under the direction of the Secretary
of the Interior, and when approved by him shall be final and
conclusive. Certificates shall be issued by the Commissioner
of Indian Affairs for the tracts so assigned, specifying the
names of the individuals to whom they have been assigned respectively,
and that they are for the exclusive use and benefit of themselves,
their heirs, and descendants; and said tracts shall not be
alienated in fee, leased, or otherwise disposed of, except
to the United States, or to the members of said bands of Indians,
under such rules and regulations as may be prescribed by the
Secretary of the Interior; and said lands shall be exempt
from taxation, levy, sale, or forfeiture, until otherwise
provided for by Congress. Prior to the issue of said certificates,
the Secretary of the Interior shall make such rules and regulations
as he may deem necessary and expedient, respecting the disposition
of any of said tracts in case of the death of the person or
persons to whom they may be assigned, so that the same shall
be secured to the families of such deceased persons; and should
any of the Indians to whom tracts shall be assigned abandon
them, the said Secretary may take such action in relation
to the proper disposition thereof as in his judgment may be
necessary and expedient.
Article 2.
After all the selections and assignments hereinbefore specified
shall have been made and approved, the residue of the land
in the tract set apart for the use of the Swan Creek and Black
River Chippewas, under the provisions of the fourth article
of the treaty of May ninth, eighteen hundred and thirty-six,
which may not be embraced by the exterior boundary of the
reduced reservation, shall be appraised at a reasonable value,
and the same shall be sold at public auction to the highest
bidder, but no bid shall be received for a sum less than the
appraised value, and the proceeds of sale, after deducting
therefrom the expenses incident thereto, shall be regarded
as belonging to the aforesaid band of Chippewas. The said
band of Indians shall be allowed the sum of three thousand
dollars out of the funds of the Christian Indians, as a consideration
for the tracts of land which shall be assigned to the members
of said band of Indians, and also the sum of six thousand
dollars, (to be taken from the Treasury of the United States,)
in full satisfaction of all claims and demands, legal, equitable,
or otherwise, which the aforesaid band of Chippewas may have
against the United States under the stipulations and provisions
of former treaties, and these sums of money, together with
the proceeds of the sales of the lands before mentioned, shall
be invested in the manner hereinafter provided. And to enable
the Secretary of the Interior to liquidate the allowance of
the aforesaid sum of six thousand dollars, he is authorized,
at his discretion, to dispose of the stock of the State of
Missouri, purchased from avails of land sold under the treaty
of eighteen hundred and thirty-six, and such a sum from interest
accruing thereon, and of any balance of annuities now in the
Treasury of the United States, resulting from other treaties
with said Indians.
Article 3.
For the purpose of comfortably establishing the Christian
Indians upon the lands which shall be assigned to them in
severalty, by building them houses, and furnishing them with
agricultural implements, stock animals, and other necessary
aid and facilities for commencing agricultural pursuits under
favorable circumstances, there shall be expended, under the
direction of the Secretary of the Interior, (out of the aggregate
sum of forty-three thousand four hundred dollars deposited
in the Treasury of the United States by A. J. Isacks, to the
credit of said Secretary for the use of the Christian Indians,)
a sum not exceeding twenty-three thousand dollars, and the
balance of the aforesaid aggregate sum shall be mingled with
the funds of the aforesaid band of Chippewas, and the moneys
so mingled together shall constitute a joint fund, subject
to the direction and control of the Secretary of the Interior.
Two thousand dollars thereof shall be expended for the benefit
of said united bands of Indians, in providing them with a
schoolhouse, church building, and blacksmith-shop, and necessary
fixtures, and the residue of said joint fund, after deducting
therefrom all the expenses incident to the negotiation of
this treaty, the survey and assignment of the lands, the concentration
of the Indians thereon, and all other necessary expenses,
shall be invested in safe and profitable stocks, yielding
an interest of not less than five per centum per annum; and
said interest, as it becomes due, shall be applied, under
the direction of the Secretary of the Interior, from time
to time, for educational purposes, for the support of a blacksmith-shop,
and such other beneficial objects as he may adjudge to be
necessary and expedient for the general prosperity and advancement
of the aforesaid bands of Indians in the arts of civilized
life.
Article 4.
In consideration of the provisions contained in the several
articles of this treaty, the aforesaid band of Swan Creek
and Black River Chippewas hereby relinquish all claims and
demands which they may have against the United States, under
the stipulations of the treaty of November 17, 1807, and the
treaty of May 9, 1836; and they hereby abandon and renounce
any and all claims to participate in the provisions of the
subsequent treaty of August 2, 1855, and they receive the
stipulations and provisions contained in these articles of
agreement and convention, in full satisfaction of the terms
and conditions of all former treaties, and release the United
States from the payment of all claims of every character whatsoever.
Article 5.
It is agreed that all roads and highways, laid out by authority
of law, shall have right of way through the lands within the
reservation hereinbefore specified, on the same terms as are
provided by law, when roads and highways are made through
lands of citizens of the United States; and railroad companies,
when the lines of their roads necessarily pass through the
lands of said Indians, shall have right of way on the payment
of just compensation therefor in money.
Article 6.
This instrument shall be obligatory on the contracting parties
whenever the same shall be ratified by the President and the
Senate of the United States.
In testimony whereof, the said David Crawford, commissioner
as aforesaid, and the undersigned delegates of the united
bands of Swan Creek and Black River Chippewas, and the Munsee
or Christian Indians, have hereunto set their hands and seals,
at the place and on the day and year hereinbefore written.
- David Crawford, United States commissioner. [L. S.]
- Esh-ton-quit, or Francis McCoonse, his x mark. [L. S.]
- Edward McCoonse, his x mark. [L. S.]
- William Turner, [L. S.]
- Antwine Gokey, his x mark. [L. S.]
- Henry Donohoe, [L. S.]
- Ignatius Caleb, his x mark. [L. S.]
- John Williams. [L. S.]
Signed and sealed in the presence of-
- Hugh S. Walsh, secretary of Kansas Territory.
- Perry Fuller, United States agent.
- Cyrus F. Currier.
- Thos J. Connolly, United States interpreter.
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Native American Legends A-B