Treaty with The Ottawa
March 28, 1836
Articles of a treaty made and concluded at the city of
Washington in the District of Columbia, between Henry R. Schoolcraft,
commissioner on the part of the United States, and the Ottawa
and Chippewa nations of Indians, by their chiefs and delegates.
Article 1.
The Ottawa and Chippewa nations of Indians cede to the United
States all the tract of country within the following boundaries:
Beginning at the mouth of Grand river of Lake Michigan on
the north bank thereof, and following up the same to the line
called for, in the first article of the treaty of Chicago
of the 29th of August 1821, thence, in a direct line, to the
head of Thunder-bay river, thence with the line established
by the treaty of Saganaw of the 24th of September 1819, to
the mouth of said river, thence northeast to the boundary
line in Lake Huron between the United States and the British
province of Upper Canada, thence northwestwardly, following
the said line, as established by the commissioners acting
under the treaty of Ghent, through the straits, and river
St. Mary's, to a point in Lake Superior north of the mouth
of Gitchy Seebing, or Chocolate river, thence south to the
mouth of said river and up its channel to the source thereof,
thence, in a direct line to the head of the Skonawba river
of Green bay, thence down the south bank of said river to
its mouth, thence, in a direct line, through the ship channel
into Green bay, to the outer part thereof, thence south to
a point in Lake Michigan west of the north cape, or entrance
of Grand river, and thence east to the place of beginning,
at the cape aforesaid, comprehending all the lands and islands,
within these limits, not hereinafter reserved.
Article 2.
From the cession aforesaid the tribes reserve for their own
use, to be held in common the following tracts for the term
of five years from the date of the ratification of this treaty,
and no longer; unless the United States shall grant them permission
to remain on said lands for a longer period, namely: One tract
of fifty thousand acres to be located on Little Traverse bay:
one tract of twenty thousand acres to be located on the north
shore of Grand Traverse bay, one tract of seventy thousand
acres to be located on, or, north of the Pieire Marquetta
river, one tract of one thousand acres to be located by Chingassanoo, - or
the Big Sail, on the Cheboigan. One tract of one thousand
acres, to be located by Mujeekewis, on Thunder-bay river.
Article 3.
There shall also be reserved for the use of the Chippewas
living north of the straits of Michilimackinac, the following
tracts for the term of five years from the date of the ratification
of this treaty, and no longer, unless the United States shall
grant them permission to remain on said lands for a longer
period, that is to say: Two tracts of three miles square each,
on the north shores of the said straits, between Point-au-Barbe
and Mille Coquin river, including the fishing grounds in front
of such reservations, to be located by a council of the chiefs.
The Beaver islands of Lake Michigan for the use of the Beaver-island
Indians. Round island, opposite Michilimackinac, as a place
of encampment for the Indians, to be under the charge of the
Indian department. The islands of the Chenos, with a part
of the adjacent north coast of Lake Huron, corresponding in
length, and one mile in depth. Sugar island, with its islets,
in the river of St. Mary's. Six hundred and forty acres, at
the mission of the Little Rapids. A tract commencing at the
mouth of the Pississowining river, south of Point Iroquois,
thence running up said stream to its forks, thence westward,
in a direct line to the Red water lakes, thence across the
portage to the Tacquimenon river, and down the same to its
mouth, including the small islands and fishing grounds, in
front of this reservation. Six hundred and forty acres, on
Grand island, and two thousand acres, on the main land south
of it. Two sections, on the northern extremity of Green bay,
to be located by a council of the chiefs. All the locations,
left indefinite by this, and the preceding articles, shall
be made by the proper chiefs, under the direction of the President.
It is understood that the reservation for a place of fishing
and encampment, made under the treaty of St. Mary's of the
16th of June 1820, remains unaffected by this treaty.
Article 4.
In consideration of the foregoing cessions, the United States
engage to pay to the Ottawa and Chippewa nations, the following
sums, namely.
1st. An annuity of thirty thousand dollars per annum, in
specie, for twenty years; eighteen thousand dollars, to be
paid to the Indians between Grand River and the Cheboigun;
three thousand six hundred dollars, to the Indians on the
Huron shore, between the Cheboigan and Thunder-bay river;
and seven thousand four hundred dollars, to the Chippewas
north of the straits, as far as the cession extends; the remaining
one thousand dollars, to be invested in stock by the Treasury
Department and to remain incapable of being sold, without
the consent of the President and Senate, which may, however,
be given, after the expiration of twenty-one years.
2nd. Five thousand dollars per annum, for the purpose of
education, teachers, school-houses, and books in their own
language, to be continued twenty years, and as long thereafter
as Congress may appropriate for the object.
3rd. Three thousand dollars for missions, subject to the
conditions mentioned in the second clause of this article.
4th. Ten thousand dollars for agricultural implements, cattle,
mechanics' tools, and such other objects as the President
may deem proper.
5th. Three hundred dollars per annum for vaccine matter,
medicines, and the services of physicians, to be continued
while the Indians remain on their reservations.
6th. Provisions to the amount of two thousand dollars; six
thousand five hundred pounds of tobacco; one hundred barrels
of salt, and five hundred fish barrels, annually, for twenty
years.
7th. One hundred and fifty thousand dollars, in goods and
provisions, on the ratification of this treaty, to be delivered
at Michilimackinac, and also the sum of two hundred thousand
dollars, in consideration of changing the permanent reservations
in article two and three to reservations for five years only,
to be paid whenever their reservations shall be surrendered,
and until that time the interest on said two hundred thousand
dollars shall be annually paid to the said Indians.
Article 5.
The sum of three hundred thousand dollars shall be paid to
said Indians to enable them, with the aid and assistance of
their agent, to adjust and pay such debts as they may justly
owe, and the overplus, if any, to apply to such other use
as they may think proper.
Article 6.
The said Indians being desirous of making provision for their
half-breed relatives, and the President having determined,
that individual reservations shall not be granted, it is agreed,
hat in lieu thereof, the sum of one hundred and fifty thousand
dollars shall be set apart as a fund for said half-breeds.
No person shall be entitled to any part of said fund, unless
he is of Indian descent and actually resident within the boundaries
described in the first article of this treaty, nor shall any
thing be allowed to any such person, who may have received
any allowance at any previous Indian treaty. The following
principles, shall regulate the distribution. A census shall
be taken of all the men, women, and children, coming within
this article. As the Indians hold in higher consideration,
some of their half-breeds than others, and as there is much
difference in their capacity to use and take care of property,
and, consequently, in their power to aid their Indian connexions,
which furnishes a strong ground for this claim, it is, therefore,
agreed, that at the council to be held upon this subject,
the commissioner shall call upon the Indian chiefs to designate,
if they require it, three classes of these claimants, the
first of which, shall receive one-half more than the second,
and the second, double the third. Each man woman and child
shall be enumerated, and an equal share, in the respective
classes, shall be allowed to each. If the father is living
with the family, he shall receive the shares of himself, his
wife and children. If the father is dead, or separated from
the family, and the mother is living with the family, she
shall have her own share, and that of the children. If the
father and mother are neither living with the family, or if
the children are orphans, their share shall be retained till
they are twenty-one years of age; provided, that such portions
of it as may be necessary may, under the direction of the
President, be from time to time applied for their support.
All other persons at the age of twenty-one years, shall receive
their shares agreeably to the proper class. Out of the said
fund of one hundred and fifty thousand dollars, the sum of
five thousand dollars shall be reserved to be applied, under
the direction of the President, to the support of such of
the poor half breeds, as may require assistance, to be expended
in annual instalments for the term of ten years, commencing
with the second year. Such of the half-breeds, as may be judged
incapable of making a proper use of the money, allowed them
by the commissioner, shall receive the same in instalments,
as the President may direct.
Article 7.
In consideration of the cessions above made, and as a further
earnest of the disposition felt to do full justice to the
Indians, and to further their well being, the United States
engage to keep two additional blacksmith-shops, one of which,
shall be located on the reservation north of Grand river,
and the other at the Sault Ste. Marie. A permanent interpreter
will be provided at each of these locations. It is stipulated
to renew the present dilapidated shop at Michilimackinac,
and to maintain a gunsmith, in addition to the present smith's
establishment, and to build a dormitory for the Indians visiting
the post, and appoint a person to keep it, and supply it with
fire-wood. It is also agreed, to support two farmers and assistants,
and two mechanics, as the President may designate, to teach
and aid the Indians, in agriculture, and in the mechanic arts.
The farmers and mechanics, and the dormitory, will be continued
for ten years, and as long thereafter, as the President may
deem this arrangement useful and necessary; but the benefits
of the other stipulations of this article, shall be continued
beyond the expiration of the annuities, and it is understood
that the whole of this article shall stand in force, and inure
to the benefit of the Indians, as long after the expiration
of the twenty years as Congress may appropriate for the objects.
Article 8.
It is agreed, that as soon as the said Indians desire it,
a deputation shall be sent to the southwest of the Missouri
River, there to select a suitable place for the final settlement
of said Indians, which country, so selected and of reasonable
extent, the United States will forever guaranty and secure
to said Indians. Such improvements as add value to the land,
hereby ceded, shall be appraised, and the amount paid to the
proper Indian. But such payment shall, in no case, be assigned
to, or paid to, a white man. If the church on the Cheboigan,
should fall within this cession, the value shall be paid to
the band owning it. The net proceeds of the sale of the one
hundred and sixty acres of land, upon the Grand River upon
which the missionary society have erected their buildings,
shall be paid to the said society, in lieu of the value of
their said improvements. When the Indians wish it, the United
States will remove them, at their expence, provide them a
year's subsistence in the country to which they go, and furnish
the same articles and equipments to each person as are stipulated
to be given to the Pottowatomies in the final treaty of cession
concluded at Chicago.
Article 9.
Whereas the Ottawas and Chippewas, feeling a strong consideration
for aid rendered by certain of their half-breeds on Grand
river, and other parts of the country ceded, and wishing to
testify their gratitude on the present occasion, have assigned
such individuals certain locations of land, and united in
a strong appeal for the allowance of the same in this treaty;
and whereas no such reservations can be permitted in carrying
out the special directions of the President on this subject,
it is agreed, that, in addition to the general fund set apart
for half-breed claims, in the sixth article, the sum of forty-eight
thousand one hundred and forty-eight dollars shall be paid
for the extinguishment of this class of claims, to be divided
in the following manner: To Rix Robinson, in lieu of a section
of land, granted to his Indian family, on the Grand river
rapids, (estimated by good judges to be worth half a million,)
at the rate of thirty-six dollars an acre: To Leonard Slater,
in trust for Chiminonoquat, for a section of land above said
rapids, at the rate of ten dollars an acre: To John A. Drew,
for a tract of one section and three quarters, to his Indian
family, at Cheboigan rapids, at the rate of four dollars;
to Edward Biddle, for one section to his Indian family at
the fishing grounds, at the rate of three dollars: To John
Holiday, for five sections of land to five persons of his
Indian family, at the rate of one dollar and twenty-five cents;
to Eliza Cook, Sophia Biddle, and Mary Holiday, one section
of land each, at two dollars and fifty cents: To Augustin
Hamelin junr, being of Indian descent, two sections, at one
dollar and twenty-five cents; to William Lasley, Joseph Daily,
Joseph Trotier, Henry A. Levake, for two sections each, for
their Indian families, at one dollar and twenty-five cents:
To Luther Rice, Joseph Lafrombois, Charles Butterfield, being
of Indian descent, and to George Moran, Louis Moran, G. D.
Williams, for half-breed children under their care, and to
Daniel Marsa c, for his Indian child, one section each, at
one dollar and twenty-five cents.
Article 10.
The sum of thirty thousand dollars shall be paid to the chiefs,
on the ratification of this treaty, to be divided agreeably
to a schedule hereunto annexed.
Article 11.
The Ottawas having consideration for one of their aged chiefs,
who is reduced to poverty, and it being known that he was
a firm friend of the American Government, in that quarter,
during the late war, and suffered much in consequence of his
sentiments, it is agreed, that an annuity of one hundred dollars
per annum shall be paid to Ningweegon or the Wing, during
his natural life, in money or goods, as he may choose. Another
of the chiefs of said nation, who attended the treaty of Greenville
in 1793, and is now, at a very advanced age, reduced to extreme
want, together with his wife, and the Government being apprized
that he has pleaded a promise of Gen. Wayne, in his behalf,
it is agreed that Chusco of Michilimackinac shall receive
an annuity of fifty dollars per annum during his natural life.
Article 12.
All expenses attending the journeys of the Indians from,
and to their homes, and their visit at the seat of Government,
together with the expenses of the treaty, including a proper
quantity of clothing to be given them, will be paid by the
United States.
Article 13.
The Indians stipulate for the right of hunting on the lands
ceded, with the other usual privileges of occupancy, until
the land is required for settlement.
In testimony whereof, the said Henry R. Schoolcraft, commissioner
on the part of the United States, and the chiefs and delegates
of the Ottawa and Chippewa nation of Indians, have hereunto
set their hands, at Washington the seat of Government, this
twenty-eighth day of March, in the year one thousand eight
hundred and thirty-six.
- Henry R. Schoolcraft.
- John Hulbert, secretary.
- Oroun Aishkum, of Maskigo, his x mark,
- Wassangaze, of Maskigo, his x mark,
- Osawya, of Maskigo, his x mark,
- Wabi Windego, of Grand river, his x mark,
- Megiss Ininee, of Grand river, his x mark,
- Nabun Ageezhig, of Grand river, his x mark,
- Winnimissagee, of Grand river, his x mark,
- Mukutaysee, of Grand river, his x mark,
- Wasaw Bequm, of Grand river, his x mark,
- Ainse, of Michilimackinac, his x mark,
- Chabowaywa, of Michilimackinac, his x mark,
- Jawba Wadiek, of Sault Ste. Marie, his x mark,
- Waub Ogeeg, of Sault Ste. Marie, his x mark,
- Kawgayosh, of Sault Ste. Marie, by Maidysage, his x mark,
- Apawkozigun, of L'Arbre Croche, his x mark,
- Keminitchagun, of L'Arbre Croche, his x mark,
- Tawaganee, of L'Arbre Croche, his x mark,
- Kinoshamaig, of L'Arbre Croche, his x mark,
- Naganigobowa, of L'Arbre Croche, his x mark,
- Onaisino, of L'Arbre Croche, his x mark,
- Mukuday Benais, of L'Arbre Croche, his x mark,
- Chingassamo, of L'Arbre Croche, his x mark,
- Aishquagonabee, of Grand Traverse, his x mark,
- Akosa, of Grand Traverse, his x mark,
- Oshawun Epenaysse, of Grand Traverse, his x mark,
- Lucius Lyon,
- R. P. Parrott, captain, U. S. Army,
- W. P. Zantzinger, purser, U. S. Navy,
- Josiah F. Polk,
- John Holiday,
- John A. Drew,
- Rix Bobinson,
- Leonard Slater,
- Louis Moran,
- Augustin Hamelin, jr.,
- Henry A. Lenake,
- William Lasley,
- George W. Woodward,
- C. O. Ermatinger.
Schedule referred to, in the tenth article.
1. The following chiefs constitute the first class, and are
entitled to receive five hundred dollars each, namely: On
Grand river, Muccutay Osha, Namatippy, Nawequa Geezhig or
Noon Day, Nabun Egeezhig son of Kewayguabowequa, Wabi Windego
or the White Giant, Cawpemossay or the Walker, Mukutay Oquot
or Black Cloud, Megis Ininee or Wampum-man, Winnimissagee:
on the Maskigo, Osawya, and Owun Aishcum; at L'Arbre Croche,
Apawkozigun, or Smoking Weed, Nisowakeout, Keminechawgun;
at Grand Travers, Aishquagonabee, or the Feather of Honor,
Chabwossun, Mikenok: on the Cheboigan, Chingassamo, or the
Big Sail; at Thunder-bay, Mujeekiwiss; on the Manistic North,
Mukons Ewyan; at Oak Point on the straits, Ains: at the Chenos,
Chabowaywa: at Sault Ste. Marie, Iawba Wadick and Kewayzi
Shawano; at Tacquimenon, Kawgayosh; at Grand Island, Oshawun
Epenaysee, or the South Bird.
2. The following chiefs constitute the second class, and
are entitled to receive two hundred dollars each, namely:
On Grand river, Keeshaowash, Nugogikaybee, Kewaytowaby, Wapoos
or the Rabbit, Wabitouguaysay, Kewatondo, Zhaquinaw, Nawiqua
Geezhig of Flat river, Kenaytinunk, Weenonga, Pabawboco, Windecowiss,
Muccutay Penay or Black Patridge, Kaynotin Aishcum, Boynashing,
Shagwabeno son of White Giant, Tushetowun, Keway Gooshcum
the former head chief, Pamossayga; at L'Arbre Croche, Sagitondowa,
Ogiman Wininee, Megisawba, Mukuday Benais: at the Cross, Nishcajininee,
Nawamushcota, Pabamitabi, Kimmewun, Gitchy Mocoman; at Grand
Traverse, Akosa, Nebauquaum, Kabibonocca; at Little Traverse,
Miscomamaingwa or Red Butterfly, Keezhigo Benais, Pamanikinong,
Paimossega; on the Cheboigan, Chonees, or Little John, Shaweenossegay;
on Thunder bay, Suganikwato; on Maskigo, Wassangazo; on Ossigomico
or Platte river, Kaigwaidosay; at Manistee, Keway Gooshcum:
on river Pierre Markette, Saugima: at Saulte Ste. Marie, Neegaubayun,
Mukudaywacquot, Cheegud; at Carp river west of Grand island,
Kaug Wyanais: at Mille Cocquin on the straits, Aubunway: at
Michilimackinac, Missutigo, Saganosh, Akkukogeesh, Chebyawboas.
3. The following persons constitute the third class, and
are entitled to one hundred dollars each, namely: Kayshewa,
Penasee or Gun lake, Kenisoway, Keenabie of Grand river: Wasso,
Mosaniko, Unwatin Oashcum, Nayogirna, Itawachkochi, Nanaw
Ogomoo, Gitchy, Peendowan or Scabbard, Mukons, Kinochimaig,
Tekamosimo, Pewaywitum, Mudji Keguabi, Kewayaum, Paushkizigun
or Big Gun, Onaausino, Ashquabaywiss, Negaunigabowi, Petossegay,
of L'Arbre Croche: Poiees or Dwarf and Pamossay of Cheboigan:
Gitchy Ganocquot and Pamossegay of Thunder Bay: Tabusshy Geeshick
and Mikenok, of Carp river south of Grand Traverse; Wapooso,
Kaubinau, and Mudjeekee of river Pierre Markuette: Pubokway,
Manitowaba, and Mishewatig, of White river: Shawun Epenaysee
and Agausgee of Grand Traverse: Micqumisut, Chusco of Mackinac;
Keeshkidjiwum, Waub Ojeeg, Aukudo, Winikis, Jaubeens, Maidosagee,
Autya, Ishquagunaby, Shaniwaygwunabi son of Kakakee, Nittum
Egabowi, Magisanikway, Ketekewegauboway, of Sault Ste. Marie:
Chegauzehe and Waubudo of Grand island: Ashegons, Kinuwais,
Misquaonaby and Mongons of Carp and Chocolate rivers; Gitchy
Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet:
Kainwaybekis and Pazhikwaywitum of Beaver islands: Neezhick
Epenais of the Ance: Ahdanima of Manistic: Mukwyon, Wahzahkoon,
Oshawun, Oneshannocquot of the north shore of Lake Michigan:
Nagauniby and Keway Gooshkum of the Chenos.
Henry R. Schoolcraft,
Commissioner.
SUPPLEMENTAL ARTICLE.
To guard against misconstruction in some of the foregoing
how certain, and to secure, by further limitations, the just
rights of the Indians, it is hereby agreed: that no claims
under the fifth article shall be allowed for any debts contracted
previous to the late war with Great Britain, or for goods
supplied by foreigners to said Indians, or by citizens, who
did not withdraw from the country, during its temporary occupancy
by foreign troops, for any trade carried on by such persons
during the said period. And it is also agreed: that no person
receiving any commutation for a reservation, or any portion
of the fund provided by the sixth article of this treaty,
shall be entitled to the benefit of any part of the annuities
herein stipulated. Nor shall any of the half-breeds, or blood
relatives of the said tribes, commuted with, under the provisions
of the ninth article, have any further claim on the general
commutation fund, set apart to satisfy reservation claims,
in the said sixth article. It is also understood, that the
personal annuities, stipulated in the eleventh article, shall
be paid in specie, in the same manner that other annuities
are paid. Any excess of the funds set apart in the fifth and
sixth articles, shall, in lieu of being paid to the Indians,
be retained and vested by the Government in stock under the
conditions mentioned in the fourth article of this treaty.
In testimony whereof, the parties above recited, have hereunto
set their hands, at Washington the seat of Government, this
thirty-first day of March, in the year one thousand eight
hundred and thirty-six.
- Henry R. Schoolcraft.
- John Hulbert, Secretary.
-
- Owun Aaishkum, of Maskigo, his x mark,
- Wassangazo, of Maskigo, his x mark,
- Osawya, of Maskig, his x mark,
- Wabi Widego, of Grand river, his x mark,
- Megiss Ininee, of Grand river, his x mark,
- Nabun Ageezhig, of Grand river, his x mark,
- Ainse, of Michilimackinac, his x mark,
- Chabowaywa, of Michilimackinac, his x mark,
- Jauba Wadic, of Sault Ste. Marie, his x mark,
- Waub Ogeeg, of Sault Ste. Marie, his x mark,
- Kawgayosh, of Sault Ste. Marie, by
- Maidosagee, his x mark,
- Apawkozigun, of L'Arbre Croche, his x mark,
- Keminitchagun, of L'Arbre Croche, his x mark,
- Tawagnee, of L'Arbre Croche, his x mark,
- Kinoshemaig, of L'Arbre Croche, his x mark,
- Naganigabawi, of L'Arbre Croche, his x mark,
- Oniasino, of L'Arbre Croche, his x mark,
- Mukaday Benais, of L'Arbre Croche, his x mark,
- Chingassamoo, of Cheboigan, his x mark,
- Aishquagonabee, of Grand Traverse, his x mark,
- Akosa, of Grand Traverse, his x mark,
- Oshawun Epenaysee, of Grand Traverse, his x mark.
- Robert Stewart,
- Wm. Mitchell,
- John A Drew,
- Augustin Hamelin, jr.
- Rix Robinson,
- C. O. Ermatigner.
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