Treaty with The Ottawa, etc
August 30, 1831
Articles of agreement and convention made and concluded
this thirtieth day of August, in the year of our Lord one
thousand eight hundred and thirty-one, by and between James
B. Gardiner, specially appointed commissioner on the part
of the United States, on the one part, and the chiefs, head
men and warriors of the band of Ottoway Indians residing within
the State of Ohio on the other part, for a cession of the
several tracts of land now held and occupied by said Indians
within said State, by reservations made under the treaty concluded
at Detroit on the 17th day of November, 1807, and the treaty
made at the foot of the rapids of the Miami river of Lake
Erie, on the 29th of September, 1817.
WHEREAS the President of the United States, under the authority
of the act of Congress, approved May 28, 1830, has appointed
a special commissioner to confer with the different Indian
tribes residing within the constitutional limits of the State
of Ohio, and to offer for their acceptance the provisions
of the before mentioned act: And whereas the band of Ottoways
residing on Blanchard's fork of the Great Auglaize river,
and on the Little Auglaize river at Oquanoxie's village, have
expressed their consent to the conditions of said act, and
their willingness to remove west of the Mississippi, in order
to obtain a more permanent and advantageous home for themselves
and their posterity:
Therefore, in order to carry into effect the aforesaid objects,
the following articles of convention have been agreed upon,
by the aforesaid contracting parties, which, when ratified
by the President of the United States, by and with the consent
of the Senate thereof, shall be mutually binding upon the
United States and the aforesaid band of Ottoway Indians.
Article I.
The band of Ottoway Indians, residing on Blanchard's
fork of the great Auglaize river, and at Oquanoxa's village
on the Little Auglaize river, in consideration of the stipulations
herein made on the part of the United States, do forever cede,
release and quit claim to the United States, the lands reserved
to them by the last clause of the sixth article of the treaty
made at the foot of the Rapids of the Miami of the Lake on
the 29th of September, 1817; which clause is in the following
words: "There shall be reserved for the use of the Ottoway
Indians, but not granted to them, a tract of land on Blanchard's
fork of the Great Auglaize river, to contain five miles square,
the center of which tract is to be where the old trace crosses
the said fork; and one other tract, to contain three miles
square on the Little Auglaize river, to include Oquanoxa's
village," making in said cession twenty-one thousand
seven hundred and sixty acres.
Article II.
The chiefs, head men and warriors of the band of Ottoway
Indians, residing at and near the places called Roche de Boeuf
and Wolf rapids, on the Miami river of Lake Erie, and within
the State of Ohio, wishing to become parties to this convention,
and not being willing, at this time, to stipulate for their
removal west of the Mississippi; do hereby agree, in consideration
of the stipulations herein made for them on the part of the
United States, to cede, release and forever quit claim to
the United States the following tracts of land, reserved to
them by the treaty made at Detroit on the 17th day of November,
1807, to wit, the tract of six miles square above Roche de
Boeuf, to include the village where Tondagonie (or Dog) formerly
lived; and also three miles square at the Wolf rapids aforesaid,
which was substituted for the three miles square granted by
the said treaty of Detroit to the said Ottoways "to include
Presque Isle," but which could not be granted as stipulated
in said treaty of Detroit, in consequence of its collision
with the grant of twelve miles square to the United States
by the treaty of Greenville; making in the whole cession made
by this article twenty-eight thousand one hundred and fifty-seven
acres, which is exclusive of a grant made to Yellow Hair (or
Peter Minor) by the 8th article of the treaty at the foot
of the Rapids of Miami, on the 29th of September, 1817, and
for which said Minor holds a patent from the General Land
Office for 643 acres.
Article III.
In consideration of the cessions made in the first article
of this convention, the United States agree to cause the band
of Ottoways residing on Blanchard's fork, and at Oquanoxa's
village, as aforesaid, consisting of about two hundred souls,
to be removed, in a convenient and suitable manner, to the
western side of the Mississippi river; and will grant, by
patent in fee simple, to them and their heirs for ever, as
long as they shall exist as a nation, and remain upon the
same, a tract of land to contain thirty-four thousand acres,
to be located adjoining the south or west line of the reservation
equal to fifty miles square, granted to the Shawnees of Missouri
and Ohio on the Kanzas river and its branches, by the treaty
made at St. Louis, November 7th, 1825.
Article IV.
The United States will defray the expense of the removal
of the said band of Ottoways, and will moreover supply them
with a sufficiency of good and wholesome provisions to support
them for one year after their arrival at their new residence.
Article V.
In lieu of the improvements which have been made on the lands
ceded by the first article of this convention, it is agreed
that the United States shall advance to the Ottoways of Blanchard's
fork and Oquanoxa's village, the sum of two thousand
dollars, to be reimbursed from the sales of the lands ceded
by the said first article. And it is expressly understood
that this sum is not to be paid until the said Ottoways arrive
at their new residence, and that it is for the purpose of
enabling them to erect houses and open farms for their accommodation
and subsistence in their new country. A fair and equitable
distribution of this sum shall be made by the chiefs of the
said Ottoways, with the consent of their people, in general
council assembled, to such individuals of their band as may
have made improvements on the lands ceded by the first article
of this convention, and may be properly entitled to the same.
Article VI.
The farming untensils, live stock and other chattel property,
which the said Ottoways of Blanchard's fork and Oquanoxa's
village now own, shall be sold, under the superintendence
of some suitable person appointed by the Secretary of War;
and the proceeds paid to the owners of such property respectively.
Article VII.
The United States will expose to sale to the highest bidder,
in the manner of selling the public lands, the tracts ceded
by the first article of this convention, and after deducting
from the proceeds of such sales the sum of seventy cents per
acre, exclusive of the cost of surveying, and the sum of two
thousand dollars advanced in lieu of improvements; it is agreed
that the balance, or so much thereof as may be necessary,
shall be hereby guaranteed for the payment of the debts, which
the said Ottoways of Blanchard's fork, and Oquanoxa's
village may owe in the State of Ohio and the Territory of
Michigan, and agree to be due by them, as provided in the
sixteenth article of this convention; and any surplus of the
proceeds of said lands, which may still remain, shall be vested
by the President in Government stock, and five per cent. thereon
shall be paid to the said Ottoways of Blanchard's fork
and Oquanoxa's village, as an annuity during the pleasure
of Congress.
Article VIII.
It is agreed that the said band of Ottoways of Blanchard's
fork and Oquanoxa's village, shall receive, at their new residence,
a fair proportion of the annuities due to their nation by
former treaties, which shall be apportioned under the direction
of the Secretary of War, according to their actual numbers.
Article IX.
The lands granted by this agreement and convention to the
said band of Ottoways residing at Blanchard's fork and
Oquanoxa's village shall not be sold nor ceded by them,
except to the United States. And the United States guarantee
that said lands shall never be within the bounds of any State
or territory, nor subject to the laws thereof, and further,
that the President of the United States will cause said band
to be protected at their new residence, against all interruption
or disturbance from any other tribe or nation of Indians and
from any other person or persons whatever: and he shall have
the same care and superintendence over them in the country
to which they design to remove, that he now has at their present
residence.
Article X.
As an evidence of the good will and kind feeling of the people
of the United States towards the said band of Ottoways of
Blanchard's fork and Oquanoxa's village; it is agreed
that the following articles shall be given them, as presents,
to wit: eighty blankets, twenty-five rifle guns, thirty-five
axes, twelve ploughs, twenty sets of horse gears, and Russian
sheeting sufficient for tents for their whole band; the whole
to be delivered according to the discretion of the Secretary
of War.
Article XI.
In consideration of the cessions made in the second article
of this convention by the chiefs, head men and warriors of
the band of Ottoways residing at Roche de Boeuf and Wolf rapids,
it is agreed that the United States will grant to said band
by patent in fee simple, forty thousand acres of land, west
of the Mississippi, adjoining the lands assigned to the Ottoways
of Blanchard's fork and Oquanoxa's village, or in
such other situation as they may select, on the unappropriated
lands in the district of country designed for the emigrating
Indians of the United States. And whenever the said band may
think proper to accept of the above grant, and remove west
of the Mississippi, the United States agree that they shall
be removed and subsisted by the Government in the same manner
as is provided in this convention for their brethren of Blanchard's
fork and Oquanoxa's village, and they shall receive like
presents, in proportion to their actual numbers, under the
direction of the Secretary of War. It is also understood and
agreed that the said band, when they shall agree to remove
west of the Mississippi, shall receive their proportion of
the annuities due their nation by former treaties, and be
entitled in every respect to the same privileges, advantages
and protection, which are herein extended to their brethren
and the other emigrating Indians of the State of Ohio.
Article XII.
The lands ceded by the second article of this convention
shall be sold by the United States to the highest bidder,
in the manner of selling the public lands, and after deducting
from the avails thereof seventy cents per acre, exclusive
of the cost of surveying, the balance is hereby guaranteed
to discharge such debts of the Ottoways residing on the river
and bay of the Miami of Lake Erie, as they may herein acknowledge
to be due, and wish to be paid. And whatever overplus may
remain of the avails of said lands, after discharging their
debts as aforesaid, shall be paid to them in money, provided
they shall refuse to remove west of the Mississippi, and wish
to seek some other home among their brethren in the Territory
of Michigan. But should the said band agree to remove west
of the Mississippi, then any overplus which may remain to
them, after paying their debts, shall be invested by the President,
and five per centum paid to them as an annuity, as is provided
for their brethren by this convention.
Article XIII.
At the request of the chiefs residing at Roche de Boeuf and
Wolf rapids, it is agreed that there shall be reserved for
the use of Wau be ga kake (one of the chiefs) for three years
only, from the signing of this convention, a section of land
below and adjoining the section granted to and occupied by
Yellow Hair or Peter Minor; and also there is reserved in
like manner and for the term of three years, and no longer,
for the use of Muck-qui-on-a, or Bearskin, one section and
a half, below Wolf rapids, and to include his present residence
and improvements. And it is also agreed that the said Bearskin
shall have the occupancy of a certain small island in the
Maumee river, opposite his residence, where he now raises
corn, which island belongs to the United States, and is now
unsold; but the term of this occupancy is not guaranteed for
three years; but only so long as the President shall think
proper to reserve the same from sale. And it is further understood,
that any of the temporary reservations made by this article,
may be surveyed and sold by the United States, subject to
the occupancy of three years, hereby granted to the aforesaid
Indians.
Article XIV.
At the request of the chiefs of Roche de Boeuf and Wolf rapids,
there is hereby granted to Hiram Thebeault (a half blooded
Ottoway,) a quarter section of land, to contain one hundred
and sixty acres and to include his present improvements at
the Bear rapids of the Miami of the Lake. Also, one quarter
section of land, to contain like quantity, to William McNabb,
(a half blooded Ottoway,) to adjoin the quarter section granted
to Hiram Thebeault. In surveying the above reservations, no
greater front is to be given on the river, than would properly
belong to said quarter sections, in the common manner of surveying
the public lands.
Article XV.
At the request of the chiefs of Roche de Beouf and Wolf rapids,
there is granted to the children of Yellow Hair, (or Peter
Minor,) one half section of land, to contain three hundred
and twenty acres, to adjoin the north line of the section
of land now held by said Peter Minor, under patent from the
President of the United States, bearing date the 24th of November,
1827, and the lines are not to approach nearer than one mile
to the Miami river of the Lake.
Article XVI.
It is agreed by the chiefs of Blanchard's fork and Oquanoxa's
village, and the chiefs of Roche de Boeuf and Wolf rapids,
jointly, that they are to pay out of the surplus proceeds
of the several tracts herein ceded by them, equal proportions
of the claims against them by John E. Hunt, John Hollister,
Robert A. Forsythe, Payne C. Parker, Peter Minor, Theodore
E. Phelps, Collister Haskins and S. and P. Carlan. The chiefs
aforesaid acknowledge the claim of John E. Hunt to the amount
of five thousand six hundred dollars; the claim of John Hollister
to the amount of five thousand six hundred dollars; the claim
of Robert A. Forsythe to the amount of seven thousand five
hundred and twenty-four dollars, in which is included the
claims assigned to said Forsythe by Isaac Hull, Samuel Vance,
A. Peltier, Oscar White and Antoine Lepoint. They also allow
the claim of Payne C. Parker to the amount of five hundred
dollars; the claim of Peter Minor to the amount of one thousand
dollars; the claim of Theodore E. Phelps to the amount of
three hundred dollars; the claim of Collister Haskins to the
amount of fifty dollars, but the said Haskins claims fifty
dollars more as his proper demand: and the claim of S. and
P. Carlan to the amount of three hundred and ninety-eight
dollars and twenty-five cents. The aforesaid chiefs also allow
the claim of Joseph Laronger to the amount of two hundred
dollars, and the claim of Daniel Lakin to the amount of seventy
dollars. Notwithstanding the above acknowledgments and allowances,
it is expressly understood and agreed by the respective parties
to this compact, that the several claims in this article,
and the items which compose the same, shall be submitted to
the strictest scrutiny and examination of the Secretary of
War, and the accounting officers of the Treasury Department,
and such amount only shall be allowed as may be found just
and true.
Article XVII.
On the ratification of this convention, the privileges of
every description, granted to the Ottoway nation within the
State of Ohio, by the treaties under which they hold the reservations
of land herein ceded, shall forever cease and determine.
Article XVIII.
Whenever the deficiency of five hundred and eighty dollars,
which accrued in the annuities of the Ottoways for 1830, shall
be paid, the parties to this convention, residing on Blanchard's
fork and Oquanoxa's village, shall receive their fair
and equitable portion of the same, either at their present
or intended residence.
Article XIX.
The chiefs signing this convention, also agree, in addition
to the claims allowed in the sixteenth article thereof, that
they owe John Anderson two hundred dollars; and Francis Lavoy
two hundred dollars.
Article XX.
It is agreed that there shall be allowed to Nau-on-quai-que-zhick,
one hundred dollars, out of the surplus fund accruing from
the sales of the lands herein ceded, in consequence of his
not owing any debts, and having his land sold, to pay the
debts of his brethren.
In testimony whereof, the aforesaid parties to this convention,
have hereunto set their hands and seals at the Indian reserve
on the Miami bay of lake Erie, the day and year above written.
- James B. Gardiner, [L. S.]
- Ar-taish-nai-wau, his x mark, [L. S.]
- O-quai naas-a, his x mark, [L. S.]
- Os-cha-no, or Charlo, his x mark, [L. S.]
- Quacint, his x mark, [L. S.]
- Waw-ba-ga-cake, his x mark, [L. S.]
- Che-cauk, his x mark, [L. S.]
- Peton-o-quet, his x mark, [L. S.]
- Oshaw-wa-non, his x mark, [L. S.]
- Pe-nais-we, his x mark, [L. S.]
- Nau-qua-ga-sheek, his x mark, [L. S.]
- Pe-nais-won-quet, his x mark, [L. S.]
- Pe-she-keinee, his x mark, [L. S.]
- Cum-chaw, (Blanchard's fork,) his x mark, [L. S.]
- Cum-chaw, (Wolf rapids,) his x mark, [L. S.]
- Sus-sain, his x mark, [L. S.]
- Ca-ba-yaw, his x mark, [L. S.]
- O-sho-quene, his x mark, [L. S.]
- Muc-co-tai-pee-nai-see, his x mark, [L. S.]
- O-sage, his x mark, [L. S.]
- Pan-tee, his x mark, [L. S.]
- Me-sau-kee, his x mark, [L. S.]
- O-mus-se-nau, his x mark, [L. S.]
- Non-dai-wau, his x mark, [L. S.]
- E-au-vaince, his x mark, [L. S.]
Signed and sealed in presence of
- Wm. Walker, Secretary to Commissioner,
- R. A. Forsyth, Sub. Agent of Indian Affairs.
- Levi S. Humphrey,
- James H. Forsyth,
- William Wilson,
- Henry Conner, Sub-Agent,
- John Anderson,
- John McDouell,
- Dan. B. Miller,
- Lambert Cauchois,
- Geo. B. Knaggs,
- J. J. Godfroy.
I do hereby certify that each article of the foregoing convention
was fairly interpreted and fully explained by me to the chiefs,
head men, and warriors, who have signed the same.
- Henry Conner, Interpreter.
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