Treaty with The Menominee
February 17, 1831
WHEREAS certain articles of agreement were entered into and
concluded at the city of Washington, on the 8th day of February
instant, between the undersigned, Commissioners on behalf
of the United States, and the chiefs and warriors, representing
the Menomonee tribe of Indians, whereby a portion of the Menomonee
country, on the northwest side of Fox river and Green bay,
was ceded to the United States, for the benefit of the New
York Indians, upon certain conditions and restrictions therein
expressed: And whereas it has been represented to the parties
to that agreement, who are parties hereto, that it would be
more desirable and satisfactory to some of those interested
that one or two immaterial changes be made in the first and
sixth articles, so as not to limit the number of acres to
one hundred for each soul who may be settled upon the land
when the President apportions it, as also to make unlimited
the time of removal and settlement upon these lands by the
New York Indians, but to leave both these matters discretionary
with the President of the United States.
Now, therefore, as a proof of the sincerity of the professions
made by the Menomonee Indians, when they declared themselves
anxious to terminate in an amicable manner, their disputes
with the New York Indians, and also as a further proof of
their love and veneration for their great father, the President
of the United States, the undersigned, representatives of
the Menomonee tribe of Indians, unite and agree with the Commissioners
aforesaid, in making and acknowledging the following supplementary
articles a part of their former aforesaid agreement.
First. It is agreed between the undersigned, commissioners
on behalf of the United States, and the chiefs and warriors
representing the Menomonee tribe of Indians, that, for the
reasons above expressed, such parts of the first article of
the agreement, entered into between the parties hereto, on
the eighth instant, as limits the removal and settlement of
the New York Indians upon the lands therein provided for their
future homes, to three years, shall be altered and amended,
so as to read as follows: That the President of the United
States shall prescribe the time for the removal and settlement
of the New York Indians upon the lands thus provided for them;
and, at the expiration of such reasonable time, he shall apportion
the land among the actual settlers, in such manner as he shall
deem equitable and just. And if, within such reasonable time,
as the President of the United States shall prescribe for
that purpose, the New York Indians, shall refuse to accept
the provisions made for their benefit, or having agreed, shall
neglect or refuse to remove from New York, and settle on the
said lands, within the time prescribed for that purpose, that
then, and in either of these events, the lands aforesaid shall
be, and remain the property of the United States, according
to said first article, excepting so much thereof, as the President
shall deem justly due to such of the New York Indians, as
shall actually have removed to, and settled on the said lands.
Second. It is further agreed that the part of the sixth article
of the agreement aforesaid, which requires the removal of
those of the New York Indians, who may not be settled on the
lands at the end of three years, shall be so amended as to
leave such removal discretionary with the President of the
United States. The Menomonee Indians having full confidence,
that, in making his decision, he will take into consideration
the welfare and prosperity of their nation.
Done and signed at Washington, this 17th of February, 1831.
- John H. Eaton, [L. S.]
- S. C. Stambaugh, [L. S.]
- Kaush-kau-no-naive, his x mark, [L. S.]
- A-ya-mah-taw, his x mark, [L. S.]
- Ko-ma-ni-kin, his x mark, [L. S.]
- Ko-ma-ni-kee-no-shah, his x mark, [L. S.]
- O-ho-pa-shah, his x mark, [L. S.]
- Ah-ke-ne-pa-weh, his x mark, [L. S.]
- Shaw-wan-noh, 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, his x mark, [L. S.]
- A-na-quet-to-a-peh, his x mark, [L. S.]
- Sha-ka-cho-ka-mo, his x mark, [L. S.]
Signed in presence of -
- R. A. Forsyth,
- C. A. Grignon,
- Law. L. V. Kleeck,
- John T. Mason,
- P. G. Randolph,
- A. G. Ellis.
[NOTE. - "This treaty was ratified with the
following Proviso contained in the Resolution of the Senate:
Provided, That for the purpose of establishing the rights
of the New York Indians, on a permanent and just footing,
the said treaty shall be ratified with the express understanding
that two townships of land on the east side of the Winnebago
lake, equal to forty-six thousand and eighty acres shall be
laid off, (to commence at some point to be agreed on,) for
the use of the Stockbridge and Munsee tribes; and that the
improvements made on the lands now in the possession of the
said tribes, on the east side of the Fox river, which said
lands are to be relinquished, shall, after being valued by
a commissioner to be appointed by the President of the United
States, be paid for by the Government: Provided, however,
that the valuation of such improvements shall not exceed the
sum of twenty-five thousand dollars; and that there shall
be one township of land, adjoining the foregoing, equal to
twenty-three thousand and forty acres, laid off and granted
for the use of the Brothertown Indians, who are to be paid,
by the Government the sum of one thousand six hundred dollars
for the improvements on the lands now in their possession,
on the east side of Fox river, and which lands are to be relinquished
by said Indians: Also, that a new line shall be run, parallel
to the southwestern boundary line, or course of the tract
of five hundred thousand acres described in the first article
of this treaty, and set apart for the New York Indians, to
commence at a point on the west side of the Fox river, and
one mile above the Grand Shute on Fox river, and at a sufficient
distance from the said boundary line as established by the
said first article, as shall comprehend the additional quantity
of two hundred thousand acres of land, on and along the west
side of Fox river, without including any of the confirmed
private land claims on the Fox river, and which two hundred
thousand acres shall be a part of the five hundred thousand
acres intended to be set apart for the Six Nations of the
New York Indians and the St. Regis tribe; and that an equal
quantity to that which is added on the southwestern side shall
be taken off from the northeastern side of the said tract,
described in that article, on the Oconto Creek, to be determined
by a Commissioner, to be appointed by the President of the
United States; so that the whole number of acres to be granted
to the Six Nations, and St. Regis tribe of Indians, shall
not exceed the quantity originally stipulated by the treaty."]
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Native American Legends A-B