Treaty with The Miami
June 5, 1854
Articles of agreement and convention made and concluded
at the city of Washington, this fifth day of June, one thousand
eight hundred and fifty-four, between George W. Manypenny,
commissioner on the part of the United States, and the following-named
delegates representing the Miami tribe of Indians, viz: Nah-we-lan-quah,
or Big Legs; Ma-cat-a-chin-quah, or Little Doctor; Lan-a-pin-cha,
or Jack Hackley; So-ne-lan-gish-eah, or John Bowrie; and Wan-zop-e-ah;
they being thereto duly authorized by said tribe - and
Me-shin-go-me-zia, Po-con-ge-ah, Pim-yi-oh-te-mah, Wop-pop-pe-tah,
or Bondy, and Ke-ah-cot-woh, or Buffalo, Miami Indians, residents
of the State of Indiana, being present, and assenting, approving,
agreeing to, and confirming said articles of agreement and
convention.
Article 1.
The said Miami Indians hereby cede and convey to the United
States, all that certain tract of country set apart and assigned
to the said tribe, by the article added by the Senate of the
United States, by resolution of the date of February twenty-fifth,
one thousand eight hundred and forty-one, to the treaty of
November twenty-eighth, one thousand eight hundred and forty,
and denominated among the amendments of the Senate as "Article
12," which was assented to by said Indians, on the fifteenth
day of May, one thousand eight hundred and forty-one; which
tract is designated in said article as "bounded on the
east by the State of Missouri, and on the north by the country
of the Weas and Piankeshaws, on the west by the Pottowatomies
of Indiana, and on the south by the land assigned to the New
York Indians, estimated to contain five hundred thousand acres,"
excepting and reserving therefrom seventy thousand acres for
their future homes, and also a section of six hundred and
forty acres for school purposes, to be selected and assigned
to said tribe as hereinafter provided.
Article 2.
The United States shall, as soon as it can conveniently be
done, cause the lands herein ceded and reserved, to be surveyed,
as the Government lands are surveyed, the Miamis bearing the
expense of survey of the reserved lands; and within four months
after the approval of such surveys, each individual or head
of a family of the Miami tribe, now residing on said lands,
shall select, if a single person, two hundred acres; and if
the head of a family, a quantity equal to two hundred acres
for each member of the family; which selections shall be so
made as to include in each case, as far as practicable, the
present residences and improvements of each person or family,
and, where it is not practicable, the selection shall fall
on lands in the same neighborhood. And if, by reason of absence
or otherwise, any single person, or head of a family, entitled
to lands as aforesaid, shall fail to make his or her selection
within the period prescribed, the chiefs of the tribe shall
proceed to select the lands for those thus in default. The
chiefs shall also select the six hundred and forty acres hereinbefore
reserved for their school, to include the buildings erected
for school purposes, and to embrace a sufficient portion of
timber-land. After all of the before-named selections shall
have been made, the said chiefs shall further proceed to select,
in a compact body, and contiguous to the individual reservations,
the residue of the seventy thousand acres accepted and reserved
by the preceding article, which body of land shall be held
as the common property of the tribe, but may, at any time,
when the chiefs and a majority of the tribe request it, be
sold by the President, in the manner that public lands of
the United States are sold, and the proceeds, after deducting
the expense of such sale, be paid to the tribe, under the
direction of the President, and in such mode as he may prescribe:
Provided, That if any single person or family entitled to
land, shall have been overlooked, or wrongfully excluded,
and shall make the fact appear to the satisfaction of the
chiefs, such person or family may, with the approbation of
the Commissioner of Indian Affairs, receive their quantity,
by the rule prescribed in this article, out of the tract to
be thus selected and held as the common property of the tribe.
All the selections herein provided for, shall, as far as practicable,
be made in conformity with the legal subdivisions of United
States lands, and immediately reported to the agent of the
tribe, with apt descriptions of the same, and the President
may cause patents to issue to single persons or heads of families
for the lands selected by or for them, subject to such restrictions
respecting leases and alienation as the President or Congress
of the United States may impose; and the lands so patented
shall not be liable to levy, sale, execution, or forfeiture:
Provided, That the legislature of a State within which the
ceded country may be hereafter embraced may, with the assent
of Congress, remove these restrictions. When selections are
so made, or attempted to be made, as to produce injury to,
or controversies between, individuals, which cannot be settled
by the parties, the matters of difficulty shall be investigated
and decided on equitable terms, by the chiefs of the tribe,
subject to appeal to the agent, whose decision shall be final.
Article 3.
In consideration of the cession hereinbefore made, the United
States agree to pay to the Miami tribe of Indians the sum
of two hundred thousand dollars, in manner as follows, viz:
Twenty annual instalments of seven thousand five hundred dollars
each, the first payable on the first day of October, one thousand
eight hundred and sixty, and the remainder to be paid respectively
on the first day of October of each succeeding year, until
the whole shall have been paid; and the remaining fifty thousand
dollars shall be invested by the President in safe and profitable
stocks, the interest thereon to be applied, under his direction,
for educational purposes, or such objects of a beneficial
character, for the good of the tribe, as may be considered
necessary and expedient; and hereafter, whenever the President
shall think proper, the sum thus provided to be invested,
may be converted into money, and the same paid to the tribe
in such manner as he may judge to be best for their interests.
No part of the moneys in this or the preceding article mentioned
shall ever be appropriated or paid to the persons, families,
or bands, who, by the fourteenth article of the treaty of
November sixth, one thousand eight hundred and thirty-eight,
by the fifth and seventh articles of the treaty of November
twenty-eight, one thousand eight hundred and forty, or by
virtue of two resolutions of Congress, approved March third,
one thousand eight hundred and forty-five, and May first,
one thousand eight hundred and fifty, or otherwise, are permitted
to draw or have drawn, in the State of Indiana, their proportion
of the annuities of the Miami tribe.
Article 4.
It is agreed that the remaining instalments of the limited
annuity of twelve thousand five hundred dollars, stipulated
to be paid by the second article of the treaty of November
twenty-eight, one thousand eight hundred and forty, shall
be divided and paid to the said Indians hereafter as follows:
to the Indiana Miamis, six thousand eight hundred and sixty-three
dollars and sixty-four cents, and to the Western Miamis, five
thousand six hundred and thirty-six dollars and thirty-six
cents, per annum; subject, however, to the deductions provided
for in the sixth article of this instrument; and that the
permanent annuity stipulated in the fifth article of the treaty
of October sixth, one thousand eight hundred and eighteen,
as modified by the fifth article of the treaty of October
twenty-third, one thousand eight hundred and thirty-four,
for a blacksmith and miller, shall be continued for the benefit
of said Western Miamis; but the said Miami Indians hereby
relinquish and forever absolve the United States from the
payment of the permanent annuity of twenty-five thousand dollars,
stipulated in the fourth article of the treaty of October
twenty-third, one thousand eight hundred and twenty-six, of
the permanent provisions for money in lieu of laborers, for
agricultural assistance, for tobacco, iron, steel, and salt,
and from the payment of any and all other annuities of every
kind or description, if any there be, to which said Indians
may now be entitled by virtue of the stipulations of any former
treaty or treaties; and they also release and discharge the
United States from all claims or damages on account of the
non-fulfilment of the stipulations of any former treaties,
or of injuries to, or destruction or loss of property by the
wrongful acts of citizens or agents of the United States or
otherwise; and in consideration of the relinquishments and
releases aforesaid, the United States agree to pay to the
said Miami Indians, the sum of four hundred and twenty-one
thousand four hundred and thirty-eight dollars and sixty-eight
cents, in manner as follows, viz: one hundred and ninety thousand
four hundred and thirty-four dollars and sixty-eight cents,
to the Miami Indians residing on the ceded land; and two hundred
and thirty-one thousand and four dollars, to the Miami Indians
in the State of Indiana; to be paid under the direction of
the President, and in such manner and for such objects as
he may prescribe, in six equal annual instalments, the first
of which shall be paid in the month of October, one thousand
eight hundred and fifty-four. And in full payment and satisfaction
of a balance of eight thousand dollars and sixty-eight cents,
heretofore appropriated by Congress to pay for the valuation
of certain improvements, or to make others in lieu of them,
but which, not having been expended, has gone to the surplus
fund; and of the accumulation of the appropriations for the
support of the poor and infirm, and the education of the youth
of the tribe, as provided by the treaties of October twenty-third,
one thousand eight hundred and twenty-six, and November sixth,
one thousand eight hundred and thirty-eight, amounting to
fourteen thousand two hundred and twenty-three dollars and
fifty cents; and of the claims of the Miamis who live on the
ceded land, for damages and loss of stock and other property,
caused by their removal west, and their subsequent loss by
removal from Sugar Creek - it is agreed that the United States
will pay to the Miami Indians residing on said ceded lands,
the sum of thirty thousand dollars, to be paid as follows,
viz: fourteen thousand two hundred and twenty-three dollars
and fifty cents, in three equal annual instalments, the first
of which shall be paid in the month of October, one thousand
eight hundred and fifty-four; and the sums of eight thousand
dollars and sixty-eight cents, in lieu of the improvement
money referred to, and seven thousand seven hundred and seventy-five
dollars and eighty-two cents, being the residue of said amount
of thirty thousand dollars, shall be paid immediately after
the requisite appropriation shall have been made: Provided,
That the said sum of eight thousand dollars and sixty-eight
cents, shall be paid to the persons who are entitled to the
same, as far as that may be practicable; and the seven thousand
seven hundred and seventy-five dollars and eighty-two cents
shall be paid to such of the Miamis west as have lost stock
or other property by wrongful acts of citizens of the United
States, while in the Indian country, and to those who were
injured by the loss of improvements in their removal from
Sugar Creek to their present home. The claimants, in all cases,
to file their demands with the chiefs within six months after
the ratification of this instrument; and if the aggregate
sum of the lawful claims exceeds the amount of the fund, the
claims shall be reduced by a uniform rule, so that each claimant
shall receive his pro rata; but if it fall within the amount
of said fund, the excess shall be paid to the tribe as annuities
are paid. Any person aggrieved by the decision of the chiefs
may appeal to the agent.
The sum of two hundred and thirty-one thousand and four dollars
hereby stipulated to be paid to Miami Indians of Indiana shall
be held by the United States for said last-named Indians,
and by the Government invested, as the President may direct,
at an interest of five per cent. per annum, and which interest
shall be paid annually, for the period of twenty-five years,
to the said Miami Indians of Indiana, and at the expiration
of that time, or sooner if required by them and approved by
the President, the principal sum to be paid in full, the United
States being directly responsible therefor; said investment
to be made and the interest thereon to commence accruing the
first day of July, eighteen hundred and fifty-five, and thence
to continue: Provided, That no persons other than those embraced
in the corrected list agreed upon by the Miamis of Indiana,
in the presence of the Commissioner of Indian Affairs, in
June, eighteen hundred and fifty-four, comprising three hundred
and two names as Miami Indians of Indiana, and the increase
of the families of the persons embraced in said corrected
list, shall be recipients of the payments, annuities, commutation
moneys and interest hereby stipulated to be paid to the Miami
Indians of Indiana, unless other persons shall be added to
said list by the consent of the said Miami Indians of Indiana,
obtained in council, according to the custom of Miami tribe
of Indians: Provided, That the sum of nine thousand seven
hundred and forty-six dollars and fourteen cents shall immediately
be paid out of said sum of two hundred and thirty-one thousand
and four dollars (and deducted from the same) to the following
persons, who are a portion of the Miami tribe of Indians residing
in Indiana, and in the following manner; seven thousand six
hundred and eighty-nine dollars and twenty-two cents to the
family of Jane T. Griggs, consisting of herself and six children,
to wit, Warren A - , Charles F - , Anthony W - , Ann Eliza
- , Martha Jane, and Maria Elizabeth Griggs, which sum may
be paid to the said Jane T. Griggs, and her husband John H.
Griggs, the father of said children, or to either of them;
and the sum of two thousand and fifty-six dollars and ninety-two
cents to Sash-o-quash and his wife, E-len-e-pish-o-quash,
which may be paid to the said Sash-o-quash, it being understood
that the said Griggs family have drawn but one annuity for
the last eight years, the others having been paid to the balance
of the tribe; which sum of nine thousand seven hundred and
forty-six dollars and fourteen cents is to be in full payment
and satisfaction of all sums of money that may be due, owing
or coming to said two families, by virtue of this and all
former treaties on account of their being of the Miami tribe
of Indians or otherwise.
The Miami Indians of Indiana, being now represented in Washington
by a fully authorized deputation, and having requested the
foregoing amendments, the same are binding on them; but these
amendments are in no way to affect or impair the stipulations
in said treaty contained as to the Miamis west of the Mississippi,
the said amendments being final, and not required to be submitted
to the Miamis for their consent:
And the sum of two thousand two hundred dollars is hereby
directed to be paid to the said Indians residing in the State
of Indiana, for time employed and money expended in assisting
to make this treaty, which may be paid to James T. Miller,
their interpreter, and Tyn-yi-oh-te-mah, or to either of them,
to be divided among said Indians according to justice and
equity.
Article 5.
It is hereby understood and agreed, respecting the permanent
annuity of twenty-five thousand dollars, that the said Idians
shall receive the same for the years eighteen hundred and
fifty-four and eighteen hundred and fifty-five, but no longer.
It is also understood and agreed (the Miamis west consenting)
that as the Miamis of Indiana have had no share of the iron,
steel, salt, tobacco, and so forth, given under treaty stipulations,
and that as there is now in the Treasury under those heads
of appropriation an unexpended balance of four thousand and
fifty-nine dollars and eight cents, they shall have and receive
said amount - and that the said annuity of twenty-five
thousand dollars for said two years shall be divided between
the Miamis of Indiana and those west of Missouri, in the same
proportion as the annuity of twelve thousand five hundred
dollars is divided in the preceding article.
Article 6.
The United States having advanced, in pursuance of a provision
of the act of Congress approved August thirtieth, one thousand
eight hundred and fifty-two, entitled "An act making appropriations
for the current and contingent expenses of the Indian Department,"
the sum of twelve thousand four hundred and thirty-seven dollars
and six cents to the Miami Indians, for the payment of an
amount due to the Eel River band that had been erroneously
paid to the "Miami Nation;" and the sum of one thousand five
hundred and fifty-four dollars and sixty-three cents only,
having, since said advance, been withheld by the United States,
as a re-imbursement in part therefor, and there being still
due to the United States, on account thereof, the sum of ten
thousand eight hundred and eighty-two dollars and forty-three
cents, it is hereby agreed that said balance shall be reimbursed
fully to the United States out of the limited annuity of twelve
thousand five hundred dollars, before mentioned in this instrument,
in the manner and proportions following; that is to say, out
of said annuity for the year one thousand eight hundred and
fifty-four, and each of the five consecutive years, there
shall be retained from the portion to be paid in those years
to the Miamis of Indiana, the sum of eight hundred and fifty-three
dollars and sixty-three cents, and from the portion to be
paid to the Miamis west, the sum of seven hundred dollars
and ninety-nine cents, and in the year one thousand eight
hundred and sixty, from the portion due the Miamis of Indiana,
the sum of eight hundred and fifty-three dollars and sixty-eight
cents, and from the portion due those west, the sum of seven
hundred and one dollars and three cents.
Article 7.
Citizens of the United States or other persons not members
of said tribe, shall not be permitted to make locations or
settlements in the ceded country, until after the selections
hereinbefore provided for have been made; and the provisions
of the act of Congress approved March third, one thousand
eight hundred and seven, in relation to lands ceded to the
United States, shall, so far as the same are applicable, be
extended to the lands herein ceded.
Article 8.
The debts of Indians contracted in their private dealings
as individuals, whether to traders or otherwise, shall not
be paid out of the general fund. And should any of said Indians
become intemperate or abandoned, and waste their property,
the President may withhold any moneys due or payable to such,
and cause them to be paid, expended or applied, so as to ensure
the benefit thereof to their families.
Article 9.
The said Indians promise to renew their efforts to prevent
the introduction and use of ardent spirits in their country,
to encourage industry, thrift, and morality, and by every
possible means to promote their advancement in civilization.
They desire to be at peace with all men, and they bind themselves
not to commit depredations or wrong upon either Indians or
citizens; and should difficulties at any time arise, they
will abide by the laws of the United States in such cases
made and provided, as they expect to be protected, and to
have their rights vindicated by those laws.
Article 10.
It is agreed that all roads and highways, laid out by authority
of law, shall have right of way through the lands herein reserved,
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 the said Indians, shall have right
of way on the payment of a just compensation therefor in money.
Article 11.
The object of this instrument being to advance the interests
of said Indians, it is agreed, if it prove insufficient, from
causes which cannot now be foreseen, to effect these ends,
that the President may, by and with the advice and consent
of the Senate, adopt such policy in the management of their
affairs, as, in his judgment, may be most beneficial to them;
or Congress may, hereafter, make such provision by law, as
experience shall prove to be necessary.
Article 12.
It is agreed that the first instalment of the fourteen thousand
two hundred and twenty-three dollars and fifty cents, mentioned
in the fourth article, being the accumulation of the poor,
infirm, and education fund, shall be applied, under the direction
of the President, to purposes of education; and that a sufficient
sum shall annually be set apart out of the payments to the
Miamis west of Missouri, so long as any of the annuities herein
provided for shall continue, to be expended under the direction
of the chiefs, for the support of the poor and infirm, and
for defraying any expenses of the tribe of a civil nature.
Article 13.
It is hereby agreed that the sum of six thousand five hundred
dollars may be set apart from each of the first four annual
payments to be made to the Miamis west, and applied as far
as it may be necessary, to the settlement of their affairs.
It is also agreed that so much as may be necessary for the
repair of their mill and schoolhouse, shall be set apart from
any fund now on hand belonging to said Indians, or be taken
from any of the first instalments in this instrument provided
for.
Article 14.
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 George W. Manypenny, Commissioner
as aforesaid, and the said delgates representing the Miami
tribe of Indians, and also the said Miami Indians residents
of the State of Indiana, have hereunto set their hands and
seals, at the place, and on the day and year first above written.
- George W. Manypenny, commissioner. [L. S.]
- Nah-we-lan-quah, or Big Legs, his x mark. [L. S.]
- Ma-cat-a-chin-quah, or Little Doctor, his x mark. [L. S.]
- Lan-a-pin-chah, or Jack Hackley. [L. S.]
- So-ne-lan-gish-eah, or John Bowrie, his x mark. [L. S.]
- Wan-zop-e-ah, his x mark. [L. S.]
Miamis of Indiana:
- Me-shin-go-me-zia, his x mark. [L. S.]
- Po-con-ge-ah, his x mark. [L. S.]
- Pim-yi-oh-te-nah, his x mark. [L. S.]
- Wop-pop-pe-tah, or Bondy. [L. S.]
- Ke-ah-cot-woh, or Buffalo, his x mark. [L. S.]
Executed in presence of -
- Nathan Rice,
- Joseph F. Brown,
- Robert Campbell,
- James T. Miller,
- Wm. B. Waugh,
- Ely Moore, Indian agent.
- Baptiste Peoria, his x mark, U. S. interpreter.
- W. B. Waugh, witness to signing of Baptiste Peoria.
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