Treaty with The Menominee
February 8, 1831
Articles of agreement made and concluded at the City of
Washington, this eighth day of February, one thousand eight
hundred and thirty-one, between John H. Eaton, Secretary of
War, and Samuel C. Stambaugh, Indian Agent at Green Bay, specially
authorized by the President of the United States, and the
undersigned chiefs and head men of the Menomonee nation of
Indians, fully authorized and empowered by the said nation,
to conclude and settle all matters provided for by this agreement.
THE Menomonee Tribe of Indians, by their delegates in council,
this day, define the boundaries of their country as follows,
to wit;
On the east side of Green Bay, Fox river, and Winnebago lake;
beginning at the south end of Winnebago lake; thence southeastwardly
to the Milwauky or Manawauky river; thence down said river
to its mouth at lake Michigan; thence north, along the shore
of lake Michigan, to the mouth of Green Bay; thence up Green
Bay, Fox river, and Winnebago lake, to the place of beginning.
And on the west side of Fox river as follows: beginning at
the mouth of Fox river, thence down the east shore of Green
bay, and across its mouth, so as to include all the islands
of the "Grand Traverse;" thence westerly, on the
highlands between the lake Superior and Green bay, to the
upper forks of the Menomonee river; thence to the Plover portage
of the Wisconsin river; thence up the Wisconsin river, to
the Soft Maple river; thence to the source of the Soft Maple
river; thence west to the Plume river, which falls into the
Chippeway river; thence down said Plume river to its mouth;
thence down the Chippeway river thirty miles; thence easterly
to the forks of the Manoy river, which falls into the Wisconsin
river; thence down the said Manoy river to its mouth; thence
down the Wisconsin river to the Wisconsin portage; thence
across the said portage to the Fox river; thence down Fox
river to its mouth at Green bay, or the place of beginning.
The country described within the above boundaries, the Menomonees
claim as the exclusive property of their tribe. Not yet having
disposed of any of their lands, they receive no annuities
from the United States: whereas their brothers the Pootowottomees
on the south, and the Winnebagoes on the west, have sold a
great portion of their country, receive large annuities, and
are now encroaching upon the lands of the Menomonees. For
the purposes, therefore, of establishing the boundaries of
their country, and of ceding certain portions of their lands
to the United States, in order to secure great and lasting
benefits to themselves and posterity, as well as for the purpose
of settling the long existing dispute between themselves and
the several tribes of the New York Indians, who claim to have
purchased a portion of their lands, the undersigned, chiefs
and headmen of the Menomonee tribe, stipulate and agree with
the United States, as follows:
First. The Menomonee tribe of Indians declare themselves
the friends and allies of the United States, under whose parental
care and protection they desire to continue; and although
always protesting that they are under no obligation to recognize
any claim of the New York Indians to any portion of their
country; that they neither sold nor received any value, for
the land claimed by these tribes; yet, at the solicitation
of their Great Father, the President of the United States,
and as an evidence of their love and veneration for him, they
agree that such part of the land described, being within the
following boundaries, as he may direct, may be set apart as
a home to the several tribes of the New York Indians, who
may remove to, and settle upon the same, within three years
from the date of this agreement, viz: beginning on the west
side of Fox river, near the "Little Kackalin," at a point
known as the "Old Mill Dam;" thence northwest forty miles;
thence northeast to the Oconto creek, falling into Green bay;
thence down said Oconto creek to Green bay; thence up and
along Green bay and Fox river to the place of beginning; excluding
therefrom all private land claims confirmed, and also the
following reservation for military purposes; beginning on
the Fox river, at the mouth of the first creek above Fort
Howard; thence north sixty-four degrees west to Duck creek;
thence down said Duck creek to its mouth; thence up and along
Green bay and Fox river to the place of beginning. The Menomonee
Indians, also reserve, for the use of the United States, from
the country herein designated for the New York Indians, timber
and firewood for the United States garrison, and as much land
as may be deemed necessary for public highways, to be located
by the direction, and at the discretion of the President of
the United States. The country hereby ceded to the United
States, for the benefit of the New York Indians, contains
by estimation about five hundred thousand acres, and includes
all their improvements on the west side of Fox river. As it
is intended for a home for the several tribes of the New York
Indians, who may be residing upon the lands at the expiration
of three years from this date, and for none others, the President
of the United States is hereby empowered to apportion the
lands among the actual occupants at that time, so as not to
assign to any tribe a greater number of acres than may be
equal to one hundred for each soul actually settled upon the
lands, and if, at the time of such apportionment, any lands
shall remain unoccupied by any tribe of the New York Indians,
such portion as would have belonged to said Indians, had it
been occupied, shall revert to the United States. That portion,
if any, so reverting, to be laid off by the President of the
United States. It is distinctly understood, that the lands
hereby ceded to the United States for the New York Indians,
are to be held by those tribes, under such tenure as the Menomonee
Indians now hold their lands, subject to such regulations
and alteration of tenure, as Congress and the President of
the United States shall, from time to time, think proper to
adopt.
Second. For the above cession to the United States, for the
benefit of the New York Indians, the United States consent
to pay the Menomonee Indians, twenty thousand dollars; five
thousand to be paid on the first day of August next, and five
thousand annually thereafter; which sums shall be applied
to the use of the Menomonees, after such manner as the President
of the United States may direct.
Third. The Menomonee tribe of Indians, in consideration of
the kindness and protection of the Government of the United
States, and for the purpose of securing to themselves and
posterity, a comfortable home, hereby cede and forever relinquish
to the United States, all their country on the southeast side
of Winnebago lake, Fox river, and Green bay, which they describe
in the following boundaries, to wit: beginning at the south
end of Winnebago lake, and running in a southeast direction
to Milwauky or Manawauky river; thence down said river to
its mouth; thence north, along the shore of lake Michigan,
to the entrance of Green bay; thence up and along Green bay,
Fox river, and Winnebago lake, to the place of beginning;
excluding all private land claims which the United States
have heretofore confirmed and sanctioned. It is also agreed
that all the islands which lie in Fox river and Green bay,
are likewise ceded; the whole comprising by estimation, two
million five hundred thousand acres.
Fourth. The following described tract of land, at present
owned and occupied by the Menomonee Indians, shall be set
apart, and designated for their future homes, upon which their
improvements as an agricultural people are to be made: beginning
on the West side of Fox river, at the "Old Mill Dam" near
the "Little Kackalin," and running up and along said river,
to the Winnebago lake; thence along said lake to the mouth
of Fox river; thence up Fox river to the Wolf river; thence
up Wolf river to a point southwest of the west corner of the
tract herein designated for the New York Indians; thence northeast
to said west corner; thence southeast to the place of beginning.
The above reservation being made to the Menomonee Indians
for the purpose of weaning them from their wandering habits,
by attaching them to comfortable homes, the President of the
United States, as a mark of affection for his children of
the Menomonee tribe, will cause to be employed five farmers
of established character for capacity, industry, and moral
habits, for ten successive years, whose duty it shall be to
assist the Menomonee Indians in the cultivation of their farms,
and to instruct their children in the business and occupation
of farming. Also, five females shall be employed, of like
good character, for the purpose of teaching young Menomonee
women, in the business of useful housewifery, during a period
of ten years. - The annual compensation allowed to the farmers,
shall not exceed five hundred dollars, and that of the females
three hundred dollars. And the United States will cause to
be erected, houses suited to their condition, on said lands,
as soon as the Indians agree to occupy them, for which ten
thousand dollars shall be appropriated; also, houses for the
farmers, for which three thousand dollars shall be appropriated;
to be expended under the direction of the Secretary of War.
Whenever the Menomonees thus settle their lands , they shall
be supplied with useful household articles, horses, cows,
hogs, and sheep, farming utensils, and other articles of husbandry
necessary to their comfort, to the value of six thousand dollars;
and they desire that some suitable device may be stamped upon
such articles, to preserve them from sale or barter, to evil
disposed white persons: none of which, nor any other articles
with which the United States may at any time furnish them,
shall be liable to sale, or be disposed of or bargained, without
permission of the agent. The whole to be under the immediate
care of the farmers employed to remain among said Indians,
but subject to the general control of the United States' Indian
Agent at Green Bay acting under the Secretary of War. The
United States will erect a grist and saw mill on Fox river,
for the benefit of the Menomonee Indians, and employ a good
miller, subject to the direction of the agent, whose business
it shall be to grind the grain, required for the use of the
Menomonee Indians, and saw the lumber necessary for building
on their lands, as also to instruct such young men of the
Menomonee nation, as desire to, and conveniently can be instructed
in the trade of a miller. The expenses of erecting such mills,
and a house for the miller to reside in, shall not exceed
six thousand dollars, and the annual compensation of the miller
shall be six hundred dollars, to continue for ten years. And
if the mills so erected by the United States, can saw more
lumber or grind more grain, than is required for the proper
use of said Menomonee Indians, the proceeds of such milling
shall be applied to the payment of other expenses occurring
in the Green bay agency, under the direction of the Secretary
of War.
In addition to the above provision made for the Menomonee
Indians, the President of the United States will cause articles
of clothing to be distributed among their tribe at Green bay,
within six months from the date of this agreement, to the
amount of eight thousand dollars; and flour and wholesome
provisions, to the amount of one thousand dollars, one thousand
dollars to be paid in specie. The cost of the transportation
of the clothing and provisions, to be included in the sum
expended. There shall also be allowed annually thereafter,
for the space of twelve successive years, to the Menomonee
tribe, in such manner and form as the President of the United
States shall deem most beneficial and advantageous to the
Indians, the sum of six thousand dollars. As a matter of great
importance to the Menomonees, there shall be one or more gun
and blacksmith's shops erected, to be supplied with a necessary
quantity of iron and steel, which, with a shop at Green bay,
shall be kept up for the use of the tribe, and continued at
the discretion of the President of the United States. There
shall also be a house for an interpreter to reside in, erected
at Green bay, the expenses not to exceed five hundred dollars.
Fifth. In the treaty of Butte des Morts, concluded in August
1827, an article is contained, appropriating one thousand
five hundred dollars annually, for the support of schools
in the Menomonee country. And the representatives of the Menomonee
nation, who are parties hereto, require, and it is agreed
to, that said appropriation shall be increased five hundred
dollars, and continued for ten years from this date, to be
placed in the hands of the Secretary at War, in trust for
the exclusive use and benefit of the Menomonee tribe of Indians,
and to be applied by him to the education of the children
of the Menomonee Indians, in such manner as he may deem most
advisable.
Sixth. The Menomonee tribe of Indians shall be at liberty
to hunt and fish on the lands they have now ceded to the United
States, on the east side of Fox river and Green bay, with
the same privileges they at present enjoy, until it be surveyed
and offered for sale by the President; they conducting themselves
peaceably and orderly. The chiefs and Warriors of the Menomonee
nation, acting under the authority and on behalf of their
tribe, solemnly pledge themselves to preserve peace and harmony
between their people and the Government of the United States
forever. They neither acknowledge the power nor protection
of any other State or people. A departure from this pledge
by any portion of their tribe, shall be a forfeiture of the
protection of the United States' Government, and their annuities
will cease. In thus declaring their friendship for the United
States, however, the Menomonee tribe of Indians, having the
most implicit confidence in their great father, the President
of the United States, desire that he will, as a kind and faithful
guardian of their welfare, direct the provisions of this compact
to be carried into immediate effect. The Menomonee chiefs
request that such part of it as relates to the New York Indians,
be immediately submitted to the representatives of their tribes.
And if they refuse to accept the provision made for their
benefit, and to remove upon the lands set apart for them,
on the west side of Fox river, that he will direct their immediate
removal from the Menomonee country; but if they agree to accept
of the liberal offer made to them by the parties to this compact,
then the Menomonee tribe as dutiful children of their great
father the President, will take them by the hand as brothers,
and settle down with them in peace and friendship.
The boundary, as stated and defined in this agreement, of
the Menomonee country, with the exception of the cessions
herein before made to the United States, the Menomonees claim
as their country; that part of it adjoining the farming country,
on the west side of Fox river, will remain to them as heretofore,
for a hunting ground, until the President of the United States,
shall deem it expedient to extinguish their title. In that
case, the Menomonee tribe promise to surrender it immediately,
upon being notified of the desire of Government to possess
it. The additional annuity then to be paid to the Menomonee
tribe, to be fixed by the President of the United States.
It is conceded to the United States that they may enjoy the
right of making such roads, and of establishing such military
posts, in any part of the country now occupied by the Menomonee
nation, as the President at any time may think proper.
As a further earnest of the good feeling on the part of their
great father, it is agreed that the expenses of the Menomonee
delegation to the city of Washington, and of returning, will
be paid, and that a comfortable suit of clothes will be provided
for each; also, that the United States will cause four thousand
dollars to be expended in procuring fowling guns, and ammunition
for them; and likewise, in lieu of any garrison rations, hereafter
allowed or received by them, there shall be procured and given
to said tribe one thousand dollars worth of good and wholesome
provisions annually, for four years, by which time it is hoped
their hunting habits may cease, and their attention be turned
to the pursuits of agriculture.
In testimony whereof, the respective parties to this agreement
have severally signed the same, this 8th February, 1831.
- John H. Eaton, [L. S.]
- S. C. Stambaugh, [L. S.]
- Kaush-kau-no-naive, grizzly bear, his x mark, [L. S.]
- A-ya-mah-taw, fish spawn, his x mark, [L. S.]
- Ko-ma-ni-kin, big wave, his x mark, [L. S.]
- Ko-ma-ni-kee-no-shah, little wave, his x mark, [L. S.]
- O-ho-pa-shah, little whoop, his x mark, [L. S.]
- Ah-ke-ne-pa-weh, earth standing, his x mark, [L. S.]
- Shaw-wan-noh, the south, his x mark, [L. S.]
- Mash-ke-wet, his x mark, [L. S.]
- Pah-she-nah-sheu, his x mark, [L. S.]
- Chi-mi-na-na-quet, great cloud, his x mark. [L. S.]
- A-na-quet-to-a-peh, setting in a cloud, his x mark, [L. S.]
- Sha-ka-cho-ka-mo, great chief, his x mark, [L. S.]
Signed, sealed, and delivered in presence of -
- R. A. Forsyth,
- C. A. Grignon,
- Interpreters,
- A. G. Ellis,
- Richard Pricket, United States Interpreter, his x mark,
- William Wilkins, of Pennsylvania,
- Samuel Swartwout, of N. York,
- John T. Mason, Michigan,
- Rh. M. Johnson, Kentucky.
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Native American Legends A-B