Treaty with The Menominee
October 18, 1848
Articles of a treaty made and concluded at Lake Pow-aw-hay-kon-nay,
in the State of Wisconsin, on the eighteenth day of October,
one thousand eight hundred and forty-eight, between the United
States of America, by William Medill, a commissioner duly
appointed for that purpose, and the Menomonee tribe of Indians,
by the chiefs, headmen, and warriors of said tribe.
Article 1.
It is stipulated and solemnly agreed that the peace and friendship
now so happily subsisting between the Government and people
of the United States and the Menomonee Indians shall be perpetual.
Article 2.
The said Menomonee tribe of Indians agree to cede, and do
hereby cede, sell, and relinquish to the United States all
their lands in the State of Wisconsin, wherever situated.
Article 3.
In consideration of the foregoing cession, the United States
agree to give, and do hereby give, to said Indians for a home,
to be held as Indians' lands are held, all that country
or tract of land ceded to the said United States by the Chippewa
Indians of the Mississippi and Lake Superior, in the treaty
of August 2, 1847, and the Pillager band of Chippewa Indians,
in the treaty of August 21, 1847, which may not be assigned
to be assigned to the Winnebago Indians, under the treaty
with that tribe of October 13, 1846, and which is guarantied
to contain not less than six hundred thousand acres.
Article 4.
In further and full consideration of said cession, the United
States agree to pay the sum of three hundred and fifty thousand
dollars, at the several times, in the manner, and for the
purposes following, viz:
To the chiefs, as soon after the same shall be appropriated
by Congress as may be convenient, to enable them to arrange
and settle the affairs of their tribe preparatory to their
removal to the country set apart for and given to them as
above, thirty thousand dollars.
To such person of mixed blood, and in such proportion to
each as the chiefs in council, and a commissioner to be appointed
by the President, shall designate and determine, and as soon
after the appropriation thereof as may be found practicable
and expedient, forty thousand dollars.
To such manner and at such times as the President shall prescribe,
in consideration of their removing themselves, which they
agree to do, without further cost or expense to the United
States, twenty thousand dollars.
In such manner and at such times as the President shall prescribe,
in consideration of their subsisting themselves the first
year after their removal, which they agree to do, without
further cost or expense on the part of the United States,
twenty thousand dollars.
To be laid out and applied, under the direction of the President,
in the establishment of manual-labor school, the erection
of a grist and saw mill, and other necessary improvements
in their new country, fifteen thousand dollars.
To be laid out and applied, under the direction of the President,
in procuring a suitable person, to attend and carry on the
said grist and saw mill for a period of fifteen years, nine
thousand dollars.
To be laid out and applied, under the direction of the President,
in continuing and keeping up a blacksmith's shop, and
providing the usual quantity of iron and steel for the use
and benefit of said tribe, for a period of twelve years, commencing
with the year one thousand eight hundred and fifty-seven,
and when all provision for blacksmiths' shops under the
treaty of 1836 shall cease, eleven thousand dollars.
To be set apart, applied, and distributed under the direction
of the President, in payment of individual improvements of
the tribe upon the lands above ceded to the United States,
five thousand dollars.
And the balance, amounting to the sum of two hundred thousand
dollars, to be paid over to the tribe, as Indian annuities
are required to be paid, in ten equal annual instalments,
commencing with the year one thousand eight hundred and fifty-seven,
and when their annuities or annual instalments under the treaty
of 1836 shall have ceased.
Article 5.
It is stipulated and agreed, that the sum now invested in
stocks, under the Senate's amendment to the treaty of
1836, with the interest due thereon at this time, shall be
and remain invested, under the direction of the President,
and that the interest hereafter arising therefrom shall be
disposed of as follows: that is to say, so much thereof as
may be necessary to the support and maintenance of the said
manual-labor school, and other means of education, and the
balance be annually paid over in money as other annuities,
or applied for the benefit and improvement of said tribe,
as the President, on consultation with the chiefs, may, from
time to time, determine.
Article 6.
To enable the said Indians to explore and examine their new
country, and as an inducement to an early removal thereto,
it is agreed that the United States will pay the necessary
expenses of a suitable delegation, to be selected for that
purpose, under the direction of the President.
Article 7.
It is alleged that there were less goods delivered to the
said Indians at the annuity payment of 1837 than were due
and required to be paid and delivered to them under the stipulations
of their treaties with the United States then in force; and
it is therefore agreed that the subject shall be properly
investigated, and that full indemnity shall be made to them
for any loss which they may be shown to have sustained.
Article 8.
It is agreed that the said Indians shall be permitted, if
they desire to do so, to remain on the lands hereby ceded
for and during the period of two years from the date hereof,
and until the President shall notify them that the same are
wanted.
Article 9.
It is stipulated that Robert Grignon, who has erected a saw-mill
upon the Little Wolf River, at his own expense, for the benefit
and at the request of said Indians, shall have the right of
a preemptor to the lands upon which such improvements are
situated, not exceeding in quantity on both sides of said
river one hundred and sixty acres.
Article 10.
This treaty to be binding on the contracting parties as soon
as it is ratified by the President and Senate of the United
States.
In testimony whereof, the said William Medill, Commissioner
as aforesaid, and the chiefs, headmen, and warriors of the
said Menomonee tribe of Indians, have hereunto set their hands
and seals, at the place and on the day and year aforesaid.
- W. Medill, [SEAL.] Commissioner on the Part of the United States.
Signed and sealed in the presence of us -
- Albert G. Ellis, Sub-Agent,
- Chas. A. Grignon, U. S. Interpreter,
- F. J. Bonduel, Missionary Priest among the Menomonee Indians.
- M. L. Martin,
- P. B. Grignon,
- Samuel Ryan,
- A. G. Grignon,
- John B. Jacobs.
- Osh, Kush,
- Jau-ma-tau,
- Waw-kee-che-un,
- Sage-toke,
- Wy-tah-sauh,
- Kee-chee-new,
- Chee-cheequon-away,
- Corron Gluade,
- Sho-nee-nieu,
- Lamotte,
- Che-quo-tum,
- Shaw-wan-on,
- Ah-ko-no-may,
- Shaw-poa-tuk,
- Wau-po-nan-ah,
- Sho-na-new, Jr.,
- Pah-maw-po-may,
- Naw-kaw-chis-ka,
- Show-anno-penessee,
- Tah-ko,
- Osh-kish-he-nay-new,
- Little Wave,
- Muck-atah-penesse,
- Wa-pee-men-shaw,
- Ah-ke-na-pe-new,
- Ah-kaw-mut,
- Kee-she-teu-ke-tau,
- She-pau-na-ko,
- Naw-kaw-nish-kan-wa.
(To each of the names of the Indians is affixed his mark.)
Witnesses:
- Williams Powell,
- John B. Dube,
- John G. Kittson,
- Robt. Grignon,
- Charles Caron,
- Antoine Gotheiu,
- F. Desnoyers,
- Louis G. Porhir,
- O. W. F. Bruce.
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