Treaty with The Seneca, etc.
July 20, 1831
Articles of agreement and convention, made and concluded
at Lewistown, in the county of Logan, and State of Ohio, on
the twentieth day of July, 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, and John McElvain, Indian agent for the Wyandots,
Senecas and Shawnees, on the one part, and the undersigned
principal chiefs and warriors of the mixed band of Senecas
and Shawnee Indians residing at and around the said Lewistown,
of the other part; for the cession of the lands now owned
and occupied by said band, lying on the waters of the Great
Miami river, and within the territorial limits of the organized
county of Logan, in said State of Ohio.
WHEREAS the President of the United States, under the authority
of the Act of Congress, approved May 28th, 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
contained in the before recited act. And whereas the mixed
band or tribes of Seneca and Shawnee Indians residing at and
around Lewistown in said State have expressed their perfect
assent to the conditions of said act, and their willingness
and anxiety to remove west of the Mississippi river, 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 have been agreed
upon by the aforesaid contracting parties; which, when approved
by the President and ratified by the Senate of the United
States, shall be mutually binding upon the United States and
the said Seneca and Shawnee Indians.
Article I.
The Seneca and Shawnee Indians, residing at and around Lewistown
in the State of Ohio, in consideration of the stipulations
herein made on the part of the United States, do for ever
cede, release and quit claim to the United States, the lands
granted to them by patent in fee simple by the sixth article
of the treaty made at the foot of the rapids of the Miami
river of Lake Erie, on the twenty-ninth day of September,
in the year 1817, containing forty-eight square miles, and
described in said treaty as follows: - "Beginning
at the intersection of the line run by Charles Roberts in
the year one thousand eight hundred and twelve, from the source
of the Little Miami river, to the source of the Scioto river,
in pursuance of instructions from the commissioners appointed
on the part of the United States, to establish the western
boundary of the Virginia military reservation, with the Indian
boundary line established by the treaty of Greenville in one
thousand seven hundred and ninety-five from the crossings
above Fort Lawrence to Loramie's store, and to run from
such intersection, northerly, with the first mentioned line,
so as to include the quantity as nearly in a square form as
practicable, after excluding the section of land granted to
Nancy Stewart." And the said Senecas and Shawnees also
cede to the United States, in manner aforesaid, one other
tract of land, reserved for them by the second article of
the treaty made at St. Mary's, in Ohio, on the seventeenth
of September, in the year 1818, which tract is described in
said treaty as follows: - "Eight thousand nine hundred
and sixty acres, to be laid off adjoining the west line of
the reserve of forty-eight square miles at Lewistown."
Article II.
In consideration of the cessions stipulated in the foregoing
article, the United States agree to cause the said band of
Senecas and Shawnees, consisting of about three 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 forever, as long as they
shall exist as a nation and remain on the same, a tract of
land to contain sixty thousand acres, to be located under
the direction of the President of the United States, contiguous
to the lands granted to the Senecas of Sandusky by the treaty
made with them at the City of Washington, on the 28th of February
1831, and the Cherokee settlements - the east line of said
tract shall be within two miles of the west line of the lands
granted to the Senecas of Sandusky, and the south line shall
be within two miles of the north line of the lands held by
the Cherokees - and said two miles between the aforesaid
lines, shall serve as a common passway between the before
mentioned tribes to prevent them from intruding upon the lands
of each other.
Article III.
The United States will defray the expense of the removal
of the said Senecas and Shawnees, 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 IV.
Out of the first sales to be made of the lands herein ceded
by the said Senecas and Shawnees, the United States will cause
a saw-mill and a blacksmith shop to be erected on the lands
granted to the said Indians west of the Mississippi, with
all necessary machinery and tools, to be supported and kept
in operation at the expense of the United States, for the
mutual and sole benefit of the said Senecas and Shawnees,
and the United States will employ a blacksmith to execute
the necessary work for the said Indians for such time as the
President of the United States, in his discretion may think
proper.
Article V.
In lieu of the improvements which have been made on the lands
herein ceded; it is agreed that the United States shall advance
to the said Senecas and Shawnees the sum of six thousand dollars,
to be reimbursed from the sales of the lands herein ceded
by them to the United States. A fair and equitable distribution
of this sum shall be made by the Chiefs of the said Senecas
and Shawnees, with the consent of their tribes in general
council assembled, to such individuals of the tribes as, having
left improvements, may be properly entitled to the same.
Article VI.
The live stock, farming utensils, and other chattel property,
which the said Senecas and Shawnees now own, and may not be
able to carry with them, shall be sold under the superintendence
of some suitable person appointed by the Secretary of War,
and the proceeds paid over to owners of such property respectively.
Article VII.
The said Senecas and Shawnees shall be removed to their new
residence under the care and protection of some competent
and proper person, friendly to them and acquainted with their
habits, manners and customs; and the chiefs of the said tribes
shall have the privilege of nominating such person to the
President, who, if approved of by him, shall have charge of
their conveyance.
Article VIII.
The United States will expose to public sale to the highest
bidders, in the manner of selling the public lands, the tracts
of land herein ceded by the Senecas and Shawnees; and after
deducting from the proceeds of such sale the sum of seventy
cents per acre, exclusive of the cost of surveying the lands,
the cost of the saw mill and blacksmith shop, and the sum
of six thousand dollars to be advanced in lieu of the improvements
on the ceded lands; it is agreed that any balance which may
remain of the lands after sale as aforesaid, shall constitute
a fund for the future necessities of said tribes, on which
the Government of the United States agree and consent to pay
to the chiefs for the use and general benefit of the said
tribes annually, five per cent. on the amount of the said
balance as an annuity. Said fund to be continued during the
pleasure of Congress, unless the chiefs of the said tribes,
by and with the consent of the whole of their people in general
council assembled, should desire that the fund thus to be
created, should be dissolved and paid over to them, in which
case the President shall cause the same to be paid over, if
in his discretion he shall think the happiness and prosperity
of said tribes would be promoted thereby.
Article IX.
It is agreed that any annuities accruing to the said Senecas
and Shawnees by former treaties shall be paid to them at their
intended residence west of the Mississippi under the direction
of the President.
Article X.
In consideration of the former good conduct and friendly
disposition of the aforesaid band of Senecas and Shawnees
towards the American Government, and as an earnest of the
kind feelings, and good wishes of their great father for the
future welfare and happiness of themselves and their posterity,
it is agreed that the United States will give them as presents,
the following articles, to wit: one hundred blankets, twenty
ploughs, one hundred hoes, fifty axes, ten rifles, twenty
sets of horse gears, and Russia sheeting sufficient to make
forty tents; the whole to be delivered to them as soon as
practicable after their arrival at their new residence, except
the blankets and the Russia sheeting for the tents, which
shall be given at the time of their setting out on their journey;
all of said articles to be distributed by the chiefs according
to the just claims and necessities of their people.
Article XI.
The lands granted by this agreement and convention to the
said band of Senecas and Shawnees, shall not be sold or 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 tribe to be protected at their new residence against
all interruption or disturbance from any other tribe or nation
of Indians, or 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 has
heretofore had over them at their present place of residence.
Article XII.
At the request of the chiefs of the Senecas and Shawnees,
there is granted to James McPherson, one half section of land
to contain three hundred and twenty acres, to be laid off
in such part of the lands here ceded as he may select, so
that the said half section shall adjoin the land heretofore
donated to him near the southeast corner of that part of the
lands herein ceded which was assigned to the Shawnees by the
second article of the treaty made at St. Mary's, on the
17th of September, 1818. And this grant is made in consideration
of the sincere attachment of the said chiefs and their people
for the said James McPherson, who has lived among them and
near them for forty years, and from whom they have received
numerous and valuable services and benefits; and also in consideration
of the able and candid manner in which he has explained to
the Indians the policy of the United States in regard to the
future welfare and permanent settlement of the Indian tribes.
Article XIII.
At the request of the aforesaid chiefs, there is hereby granted
to Henry H. McPherson, an adopted son of their nation, a half
section of land, to contain three hundred and twenty acres,
to be added to a half section of land granted to him by the
said chiefs on the 20th day of March 1821, and approved by
the President of the United States, which is to be so laid
off as to enlarge the last mentioned grant to a square section.
Article XIV.
At the special request of the aforesaid chiefs, one quarter
section of land, to contain one hundred and sixty acres, is
hereby granted to Martin Lane their interpreter, who married
a quarter blood Indian woman, and has lived a long time among
the Senecas. The said quarter section is to be located under
the direction of the President of the United States.
Article XV.
It is understood and agreed by the present contracting parties
that the words, "the lands heretofore donated to him" in the
twelfth article of this treaty, have direct and sole reference
to a verbal donation heretofore made by the said Senecas and
Shawnees to the said McPherson, and that the intention is
that this treaty should confirm the former as well as the
latter grant, so that the said McPherson is entitled to one
whole section to be located in the southeast corner of the
Shawnee part of the lands herein ceded as aforesaid.
In testimony hereof, the present contracting parties respectively
have signed their hands, and affixed their seals, the day
and year aforesaid, at Pleasant Plains, near Lewistown, in
the State of Ohio.
- James B. Gardiner, [L. S.]
- John McElvain, [L. S.]
- Methomea, or Civil John, his x mark, [L. S.]
- Skilleway, or Robbin, his x mark, [L. S.]
- Totala Chief, or John Young, his x mark, [L. S.]
- Pewyache, his x mark, [L. S.]
- Mingo Carpenter, his x mark, [L. S.]
- John Jackson, his x mark, [L. S.]
- Quashacaugh, or Little Lewis, his x mark, [L. S.]
- James McDonnell, his x mark, [L. S.]
- Honede, or Civil John's Son, his x mark, [L. S.]
- Run Fast, his x mark, [L. S.]
- Yankee Bill, his x mark, [L. S.]
- Cold Water, his x mark, [L. S.]
- John Sky, his x mark, [L. S.]
Signed, sealed, and delivered in presence of us -
- David Robb, Sub-Agent,
- James McPherson, United States Interpreter,
- Joseph Parks, his x mark, United States Interpreter,
- H. E. Spencer,
- Wm. Rianhard,
- John Shelby,
- Alexander Thomson,
- H. B. Strother,
- Benj. S. Brown,
- N. Z. McCulloch,
- D. M. Workman,
- R. Patterson,
- A. O. Spencer,
- Jas. Stewart,
- Stephen Giffin.
I do hereby certify that each and every article of the foregoing
convention and agreement, was carefully explained and fully
interpreted by me to the chiefs, head men and warriors who
have signed the same.
- Martin Lane, United States Interpreter. [L. S.]
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