Treaty with The Ottawa and Chippewa
July 31, 1855
Articles of agreement and convention made and concluded
at the city of Detroit, in the State of Michigan, this the
thirty-first day of July, one thousand eight hundred and fifty-five,
between George W. Manypenny and Henry C. Gilbert, commissioners
on the part of the United States, and the Ottawa and Chippewa
Indians of Michigan, parties to the treaty of March 28, 1836.
In view of the existing condition of the Ottowas and Chippewas,
and of their legal and equitable claims against the United
States, it is agreed between the contracting parties as follows:
Article 1.
The United States will withdraw from sale for the benefit
of said Indians as hereinafter provided, all the unsold public
lands within the State of Michigan embraced in the following
descriptions, to wit:
First. For the use of the six bands residing at and near
Saulte Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and
28, in township 47 north, range 5 west; sections 18, 19, and
30, in township 47 north, range 4 west; sections 11, 12, 13,
14, 15, 22, 23, 25, and 26, in township 47 north, range 3
west, and section 29 in township 47 north, range 2 west; sections
2, 3, 4, 11, 14, and 15 in township 47 north, range 2 east,
and section 34 in township 48 north, range 2 east; sections
6, 7, 18, 19, 20, 28, 29, and 33 in township 45 north, range
2 east; sections 1. 12, and 13, in township 45 north, range
1 east, and section 4 in township 44 north, range 2 east.
Second. For the use of the bands who wish to reside north
of the Straits of Macinac townships 42 north, ranges 1 and
2 west; township 43 north, range 1 west, and township 44 north,
range 12 west.
Third. For the Beaver Island Band - High Island, and Garden
Island, in Lake Michigan, being fractional townships 38 and
39 north, range 11 west - 40 north, range 10 west, and in
part 39 north. range 9 and 10 west.
Fourth. For the Cross Village, Middle Village, L'Arbrechroche
and Bear Creek bands, and of such Bay du Noc and Beaver Island
Indians as may prefer to live with them, townships 34 to 39,
inclusive, north, range 5 west - townships 34 to 38, inclusive,
north range 6 west - townships 34, 36, and 37 north, range
7 west, and all that part of township 34 north, range 8 west,
lying north of Pine River.
Fifth. For the bands who usually assemble for payment at
Grand Traverse, townships 29, 30, and 31 north, range 11 west.
and townships 29, 30, and 31 north, range 12 west, and the
east half of township 29 north, range 9 west.
Sixth. For the Grand River bands, township 12 north, range
15 west, and townships 15, 16, 17 and 18 north, range 16 west.
Seventh. For the Cheboygan band, townships 35 and 36 north,
range 3 west.
Eighth. For the Thunder Bay band, section 25 and 36 in township
30 north, range 7 east, and section 22 in township 30 north,
range 8 east.
Should either of the bands residing near Sault Ste. Marie
determine to locate near the lands owned by the missionary
society of the Methodist Episcopal Church at Iroquois Point,
in addition to those who now reside there, it is agreed that
the United States will purchase as much of said lands for
the use of the Indians as the society may be willing to sell
at the usual Government price.
The United States will give to each Ottowa and Chippewa Indian
being the head of a family, 80 acres of land, and to each
single person over twenty-one years of age, 40 acres of land,
and to each family of orphan children under twenty-one years
of age containing two or more persons, 80 acres of land, and
to each single orphan child under twenty-one years of age,
40 acres of land to be selected and located within the several
tracts of land hereinbefore described. under the following
rules and regulations:
Each Indian entitled to land under this article may make
his own selection of any land within the tract reserved herein
for the band to which he may belong - Provided, That in case
of two or more Indians claiming the same lot or tract of land,
the matter shall be referred to the Indian agent, who shall
examine the case and decide between the parties.
For the purpose of determining who may be entitled to land
under the provisions of this article, lists shall be prepared
by the Indian agent, which lists shall contain the names of
all persons entitled, designating them in four classes. Class
1st, shall contain the names of heads of families; class 2d,
the names of single persons over twenty-one years of age;
class 3d, the names of orphan children under twenty-one years
of age, comprising families of two or more persons, and class
4th, the names of single orphan children under twenty-one
years of age, and no person shall be entered in more than
one class. Such lists shall be made and closed by the first
day of July, 1856, and thereafter no applications for the
benefits of this article will be allowed.
At any time within five years after the completion of the
lists, selections of lands may be made by the persons entitled
thereto, and a notice thereof, with a description of the land
selected, filed in the office of the Indian agent in Detroit,
to be by him transmitted to the Office of Indian Affairs at
Washington City.
All sections of land under this article must be made according
to the usual subdivisions; and fractional lots, if containing
less than 60 acres, may be regarded as forty-acre lots, if
over sixty and less than one hundred and twenty acres, as
eighty-acre lots. Selections for orphan children may be made
by themselves or their friends, subject to the approval of
the agent.
After selections are made, as herein provided, the persons
entitled to the land may take immediate possession thereof,
and the United States will thenceforth and until the issuing
of patents as hereinafter provided, hold the same in trust
for such persons, and certificates shall be issued, in a suitable
form, guaranteeing and securing to the holders their possession
and an ultimate title to the land. But such certificates shall
not be assignable and shall contain a clause expressly prohibiting
the sale or transfer by the holder of the land described therein.
After the expiration of ten years, such restriction on the
power of sale shall be withdrawn, and a patent shall be issued
in the usual form to each original holder of a certificate
for the land described therein, Provided That such restriction
shall cease only upon the actual issuing of the patent; And
provided further That the President may in his discretion
at any time in individual cases on the recommendation of the
Indian agent when it shall appear prudent and for the welfare
of any holder of a certificate, direct a patent to be issued.
And provided also, That after the expiration of ten years,
if individual cases shall be reported to the President by
the Indian agent, of persons who may then be incapable of
managing their own affairs from any reason whatever, he may
direct the patents in such cases to be withheld, and the restrictions
provided by the certificate, continued so long as he may deem
necessary and proper.
Should any of the heads of families die before the issuing
of the certificates or patents herein provided for, the same
shall issue to the heirs of such deceased persons.
The benefits of this article will be extended only to those
Indians who are at this time actual residents of the State
of Michigan, and entitled to participate in the annuities
provided by the treaty of March 28, 1836; but this provision
shall not be construed to exclude any Indian now belonging
to the Garden River band of Sault Ste. Marie.
All the land embraced within the tracts hereinbefore described,
that shall not have been appropriated or selected within five
years shall remain the property of the United States, and
the same shall thereafter, for the further term of five years,
be subject to entry in the usual manner and at the same rate
per acre, as other adjacent public lands are then held, by
Indians only; and all lands, so purchased by Indians, shall
be sold without restriction, and certificates and patents
shall be issued for the same in the usual form as in ordinary
cases; and all lands remaining unappropriated by or unsold
to the Indians after the expiration of the last-mentioned
term, may be sold or disposed of by the United States as in
the case of all other public lands.
Nothing contained herein shall be so construed as to prevent
the appropriation, by sale, gift, or otherwise, by the United
States, of any tract or tracts of land within the aforesaid
reservations for the location of churches, school-houses,
or for other educational purposes, and for such purposes purchases
of land may likewise be made from the Indians, the consent
of the President of the United States, having, in every instance,
first been obtained therefor.
It is also agreed that any lands within the aforesaid tracts
now occupied by actual settlers, or by persons entitled to
pre-emption thereon, shall be exempt from the provisions of
this article; provided, that such pre-emption claims shall
be proved, as prescribed by law, before the 1st day of October
next.
Any Indian who may have heretofore purchased land for actual
settlement, under the act of Congress known as the Graduation
Act, may sell and dispose of the same; and, in such case,
no actual occupancy or residence by such Indians on lands
so purchased shall be necessary to enable him to secure a
title thereto.
In consideration of the benefits derived to the Indians on
Grand Traverse Bay by the school and mission established in
1838, and still continued by the Board of Foreign Missions
of the Presbyterian Church, it is agreed that the title to
three separate pieces of land, being parts of tracts Nos.
3 and 4, of the west fractional half of section 35, township
30 north, range 10 west, on which are the mission and school
buildings and improvements, not exceeding in all sixty-three
acres, one hundred and twenty-four perches, shall be vested
in the said board on payment of $1.25 per acre; and the President
of the United States shall issue a patent for the same to
such person as the said board shall appoint.
The United States will also pay the further sum of forty
thousand dollars, or so much thereof as may be necessary,
to be applied in liquidation of the present just indebtedness
of the said Ottawa and Chippewa Indians; provided, that all
claims presented shall be investigated under the direction
of the Secretary of the Interior, who shall prescribe such
rules and regulations for conducting such investigation, and
for testing the validity and justness of the claims, as he
shall deem suitable and proper; and no claim shall be paid
except upon the certificate of the said Secretary that, in
his opinion, the same is justly and equitably due; and all
claimants, who shall not present their claims within such
time as may be limited by said Secretary within six months
from the ratification of the treaty, or whose claims, having
been presented, shall be disallowed by him, shall be forever
precluded from collecting the same, or maintaining an action
thereon in any court whatever; and provided, also, that no
portion of the money due said Indians for annuities, as herein
provided, shall ever be appropriated to pay their debts under
any pretence whatever; provided, that the balance of the amount
herein allowed, as a just increase of the amount due for the
cessions and relinquishments aforesaid, after satifaction
of the awards of the Secretary of the Interior, shall be paid
to the said Chippewas or expended for their benefit, in such
manner as the Secretary shall prescribe, in aid of any of
the objects specified in the second article of this treaty.
Article 2.
The United States will also pay to the said Indians the sum
of five hundred and thirty-eight thousand and four hundred
dollars, in manner following, to wit:
First. Eighty thousand dollars for educational purposes to
be paid in ten equal annual instalments of eight thousand
dollars each, which sum shall be expended under the direction
of the President of the United States; and in the expenditure
of the same, and the appointment of teachers and management
of schools, the Indians shall be consulted, and their views
and wishes adopted so far as they may be just and reasonable.
Second. Seventy-five thousand dollars to be paid in five
equal annual instalments of fifteen thousand dollars each
in agricultural implements and carpenters' tools, household
furniture and building materials, cattle, labor, and all such
articles as may be necessary and useful for them in removing
to the homes herein provided and getting permanently settled
thereon.
Third. Forty-two thousand and four hundred dollars for the
support of four blacksmith-shops for ten years.
Fourth. The sum of three hundred and six thousand dollars
in coin, as follows: ten thousand dollars of the principal,
and the interest on the whole of said last-mentioned sum remaining
unpaid at the rate of five per cent. annually for ten years,
to be distributed per capita in the usual manner for paying
annuities. And the sum of two hundred and six thousand dollars
remaining unpaid at the expiration of ten years, shall be
then due and payable, and if the Indians then require the
payment of said sum in coin the same shall be distributed
per capita in the same manner as annuities are paid, and in
not less than four equal annual instalments.
Fifth. The sum of thirty-five thousand dollars in ten annual
instalments of three thousand and five hundred dollars each,
to be paid only to the Grand River Ottawas, which is in lieu
of all permanent annuities to which they may be entitled by
former treaty stipulations, and which sum shall be distributed
in the usual manner per capita.
Article 3.
The Ottawa and Chippewa Indians hereby release and discharge
the United States from all liability on account of former
treaty stipulations, it being distinctly understood and agreed
that the grants and payments hereinbefore provided for are
in lieu and satisfaction of all claims, legal and equitable
on the part of said Indians jointly and severally against
the United States, for land, money or other thing guaranteed
to said tribes or either of them by the stipulations of any
former treaty or treaties; excepting, however, the right of
fishing and encampment secured to the Chippewas of Sault Ste.
Marie by the treaty of June 16, 1820.
Article 4.
The interpreters at Sault Ste. Marie, Mackinac, and for the
Grand River Indians, shall be continued, and another provided
at Grand Traverse, for the term of five years, and as much
longer as the President may deem necessary.
Article 5.
The tribal organization of said Ottawa and Chippewa Indians,
except so far as may be necessary for the purpose of carrying
into effect the provisions of this agreement, is hereby dissolved;
and if at any time hereafter, further negotiations with the
United States, in reference to any matters contained herein,
should become necessary, no general convention of the Indians
shall be called; but such as reside in the vicinity of any
usual place of payment, or those only who are immediately
interested in the questions involved, may arrange all matters
between themselves and the United States, without the concurrence
of other portions of their people, and as fully and conclusively,
and with the same effect in every respect, as if all were
represented.
Article 6.
This agreement shall be obligatory and binding on the contracting
parties as soon as the same shall be ratified by the President
and Senate of the United States.
In testimony whereof the said George W. Manypenny and the
said Henry C. Gilbert, commissioners as aforesaid, and the
undersigned chiefs and headmen of the Ottawas and Chippewas,
have hereto set their hands and seals, at the city of Detroit
the day and year first above written.
- Geo. W. Manypenny, [L. S.]
- Henry C. Gilbert, [L. S.]
- Commissioners on the part of the United States.
-
- J. Logan Chipman,
- Rich'd M. Smith,
- Secretaries.
Sault Ste. Marie Bands:
- O-shaw-waw-no-ke-wain-ze, chief, his x mark. [L. S.]
- Waw-bo-jieg, chief, his x mark. [L. S.]
- Kay-bay-no-din, chief, his x mark. [L. S.]
- O-maw-no-maw-ne, chief, his x mark. [L. S.]
- Shaw-wan, chief, his x mark. [L. S.]
- Pi-aw-be-daw-sung, chief, his x mark. [L. S.]
- Waw-we-gun, headman, his x mark. [L. S.]
- Pa-ne-gwon, headman, his x mark. [L. S.]
- Bwan, headman, his x mark. [L. S.]
- Taw-meece, headman, his x mark. [L. S.]
- Naw-o-ge-zhick, headman, his x mark. [L. S.]
- Saw-gaw-giew, headman, his x mark. [L. S.]
Grand River Bands:
- Ne-baw-nay-ge-zhick, chief, his x mark. [L. S.]
- Shaw-gwaw-baw-no, chief, his x mark. [L. S.]
- Aish-ke-baw-gosh, 2d chief, his x mark. [L. S.]
- Nay-waw-goo, chief, his x mark. [L. S.]
- Ne-be-ne-seh, chief, his x mark. [L. S.]
- Waw-be-gay-kake, chief, his x mark. [L. S.]
- Ke-ne-we-ge-zhick, chief, his x mark. [L. S.]
- Men-daw-waw-be, chief, his x mark. [L. S.]
- Maish-ke-aw-she, chief, his x mark. [L. S.]
- Pay-shaw-se-gay, chief, his x mark. [L. S.]
- Pay-baw-me, headman, his x mark. [L. S.]
- Pe-go, chief, his x mark. [L. S.]
- Ching-gwosh, chief, his x mark. [L. S.]
- Shaw-be-quo-ung, chief, his x mark. [L. S.]
- Andrew J. Blackbird, headman, his x mark. [L. S.]
- Ke-sis-swaw-bay, headman, his x mark. [L. S.]
- Naw-te-naish-cum, headman, his x mark. [L. S.]
Grand Traverse Bands:
- Aish-quay-go-nay-be, chief, his x mark. [L. S.]
- Ah-ko-say, chief, his x mark. [L. S.]
- Kay-quay-to-say, chief, his x mark. [L. S.]
- O-naw-maw-nince, chief, his x mark. [L. S.]
- Shaw-bwaw-sung, chief, his x mark. [L. S.]
- Louis Mick-saw-bay, headman, his x mark. [L. S.]
- May-dway-aw-she, headman, his x mark. [L. S.]
- Me-tay-o-meig, chief, his x mark. [L. S.]
- Me-naw-quot, headman. his x mark. [L. S.]
Little Traverse Bands:
- Waw-so, chief, his x mark. [L. S.]
- Mwaw-ke-we-naw, chief, his x mark. [L. S.]
- Pe-taw-se-gay, headman, his x mark. [L. S.]
- Ke-ne-me-chaw-gun, chief, his x mark. [L. S.]
- May-tway-on-daw-gaw-she, headman, his x mark. [L. S.]
- Me-ge-se-mong, headman. his x mark. [L. S.]
- Pi-a-zhick-way-we-dong, headman, his x mark. [L. S.]
- Key-way-ken-do, headman, his x mark. [L. S.]
Mackinac Bands:
- O-saw-waw-ne-me-ke, chief, his x mark. [L. S.]
- Ke-no-zhay, headman, his x mark. [L. S.]
- Peter Hanse, headman, his x mark. [L. S.]
- Shaw-be-co-shing, chief, his x mark. [L. S.]
- Shaw-bway-way, chief, his x mark. [L. S.]
- Pe-ane, headman, his x mark. [L. S.]
- Saw-gaw-naw-quaw-do, headman, his x mark. [L. S.]
- Nay-o-ge-maw, chief, (Little Traverse,) his x mark. [L. S.]
Executed in the presence of -
- Jno. M. D. Johnston,
- John F. Godfroy,
- Gbt. Johnston,
- Aug. Hamlin,
- Interpreters.
- L. Campau,
- Joseph F. Mursul,
- G. D. Williams,
- P. B. Barbeau,
- A. M. Fitch,
- W. H. Godfroy.
We, the undersigned chiefs and headmen of the Chippewa Indiansn
living near Sault Ste. Marie, Mich., having had the amendments
adopted by the Senate of the United States to the treaty concluded
at Detroit on the 31st day of July, 1855, fully explained
to us and being satisfied therewith, do hereby assent to and
ratify the same.
In witness whereof we have hereunto set our hands this 27th
day of June, A. D. 1856.
- Pi-aw-be-daw-sung, his x mark.
- Te-gose, his x mark.
- Saw-gaw-jew, his x mark.
- Shaw-ano, his x mark.
- Waw-bo-jick, his x mark.
- Ray-bay-no-din, his x mark.
- Shaw-wan, his x mark.
- O-me-no-mee-ne, his x mark.
- Pay-ne-gown, his x mark.
- Waw-we-gown, his x mark.
- Ma-ne-do-scung, his x mark.
- Naw-we-ge-zhick, his x mark.
- Yaw-mence, his x mark.
- Bawn, his x mark.
Signed in presence of -
- Ebenzr Warner,
- Jno. M. Johnston, United States Indian Interpreter.
- Placidus Ord.
We, the undersigned chiefs and headmen of the Ottowa and
Chippewa nation, having heard the foregoing amendments read
and explained to us by our agent, do hereby assent to and
ratify the same.
In witness whereof we have hereto affixed our signatures
this 2d day of July, A. D. 1856, at Little Traverse, Mich.
- Waw-so, his x mark.
- Mwaw-ke-we-naw, his x mark.
- Ne-saw-waw-quot, his x mark.
- Aw-se-go, his x mark.
- Ke-zhe-go-ne, his x mark.
- Kain-waw-be-kiss-se, his x mark.
- Pe-aine, his x mark.
- Pe-taw-se-gay, his x mark.
- Ke-ne-me-chaw-gun, his x mark.
- May-tway-on-day-gaw-she, his x mark.
- Me-ge-se-mong, his x mark.
- Key-way-ken-do, his x mark.
- Nay-o-ge-maw, his x mark.
In the presence of -
- Henry C. Gilbert, Indian Agent,
- Aug. Hamlin, Interpreter,
- John F. Godfroy, Interpreter,
- G. T. Wendell,
- A. J. Blackbird.
We, the chiefs and headmen of the Ottowa and Chippewa Indians
residing near Grand Traverse Bay, having heard the foregoing
amendments adopted by the Senate of the United States to the
treaty of July 31, 1855, read, and the same having been fully
explained to us by our agent, do hereby assent to and ratify
the same.
Done at Northport on Grand Traverse Bay, Mich., this 5th
day of July, A. D. 1856.
- Aish-quay-go-nay-be, his x mark.
- Ah-ko-say, his x mark.
- O-naw-mo-neece, his x mark.
- Kay-qua-to-say, his x mark.
- Peter-waw-ka-zoo, his x mark.
- Shaw-bwaw-sung, his x mark.
- Louis-mick-saw-bay, his x mark.
In presence of -
- H. C. Gilbert, Indian agent,
- J. F. Godfroy, interpreter,
- Geo. N. Smith,
- Peter Dougherty,
- Normon Barnes.
We, the undersigned, chiefs and headmen of the Grand River
bands of the Ottowa and Chippewa Indians of Michigan having
heard the amendments of the Senate to the treaty of the 31st
of July, 1855, read, and the same having been fully explained
to us, do hereby assent to and ratify the same.
Done at Grand Rapids in the State of Michigan this 31st day
of July, A. D. 1856.
- Caw-ba-mo-say, his x mark.
- Shaw-gwaw-baw-no, his x mark.
- Aish-ke-baw-gosh, his x mark.
- Waw-be-gay-kake, his x mark.
- Ne-ba-ne-seh, his x mark.
- Ching-gwosh, his x mark.
- Mash-caw, his x mark.
- Gaw-ga-gaw-bwa, his x mark.
- Note-eno-kay, his x mark.
- Ne-baw-nay-ge-zhick, his x mark.
- Pay-baw-me, his x mark.
- Shaw-be-quo-ung, his x mark.
- Men-daw-waw-be, his x mark.
In presence of -
- John F. Godfroy, United States interpreter.
- Wm. Cobmosy,
- F. N. Gonfry.
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