Treaty with The Winnebago
August 25, 1828
Articles of agreement with the Winnebago Tribe and the
United Tribes of Potawatamie, Chippewa and Ottawa Indians.
THE Government of the United States having appointed Commissioners
to treat with the Sac, Fox, Winebago, Potawatamie, Ottawa,
and Chippewa, tribes of Indians, for the purpose of extinguishing
their title to land within the State of Illinois, and the
Territory of Michigan, situated between the Illinois river
and the Lead Mines on Fever River, and in the vicinity of
said Lead Mines, and for other purposes; and it having been
found impracticable, in consequence of the lateness of the
period when the instructions were issued, the extent of the
country occupied by the Indians, and their dispersed situation,
to convene them in sufficient numbers to justify a cession
of land on their part; and the Chiefs of the Winnebago tribe,
and of the united tribes of the Potawa-tamies, Chippewas,
and Ottawas, assembled at Green Bay, having declined at this
time to make the desired cession, the following temporary
arrangement, subject to the ratification of the President
and Senate of the United States, has this day been made, between
Lewis Cass and Pierre Menard, Commissioners of the United
States, and the said Winnebago tribe, and the United tribes
of Potawatamie, Chip- pewa, and Ottawa, Indians, in order
to remove the difficulties which have arisen in consequence
of the occupation, by white persons, of the part of the mining
country which has not been heretofore ceded to the United
States.
Article 1.
It is agreed that the following shall be the provisional
boundary between the lands of the United States and those
of the said Indians: The Ouisconsin river, from its mouth
to its nearest approach to the Blue Mounds; thence southerly,
passing east of the said mounds, to the head of that branch
of the Pocatolaka creek which runs near the Spotted Arm's
village; thence with the said branch to the main forks of
Pocatolaka creek; thence southeasterly, to the ridge dividing
the Winebago country from that of the Potawatamie, Chippewa,
and Ottawa tribes; thence southerly, with the said ridge,
to the line running from Chicago to the Mississippi, near
Rock Island. And it is fully understood, that the United States
may freely occupy the country between these boundaries and
the Mississippi river, until a treaty shall be held with the
Indians for its cession; which treaty, it is presumed, will
be held in the year 1829. But it is expressly understood and
agreed, that if any white persons shall cross the line herein
described, and pass into the Indian country, for the purpose
of mining, or for any other purpose whatever, the Indians
shall not interfere with nor molest such persons, but that
the proper measures for their removal shall be referred to
the President of the United States. In the mean time, however,
it is agreed, that any just compensation to which the Indians
may be entitled for any injuries committed by white persons
on the Indian side of the said line, shall be paid to the
said Indians at the time such treaty may be held---It is also
agreed by the Indians that a ferry may be established over
the Rock River, where the Fort Clark road crosses the same;
and, also, a ferry over the same river at the crossing of
the Lewiston road.
Article 2.
The United States agree to pay to the Winebago, Potawatamie,
Chippewa, and Ottawa Indians, the sum of twenty thousand dollars,
in goods, at the time and place when and where the said treaty
may be held: which said sum shall be equitably divided between
the said tribes, and shall be in full compensation for all
the injuries and damages sustained by them, in consequence
of the occupation of any part of the mining country by white
persons, from the commencement of such occupation until the
said treaty shall be held. Excepting, however, such compensation
as the Indians may be entitled to, for any injuries hereafter
committed on their side of the line hereby established.
In testimony whereof, the said commissioners and the chiefs
of the said tribes have hereunto set their hands at Green
bay, in the territory of Michigan, this 25th day of August,
in the year of our Lord one thousand eight hundred and twenty-eight.
- Lewis Cass,
- Pierre Menard.
Winnebagoes:
- Nan-kaw, or wood, his x mark,
- Koan-kaw, or chief, his x mark,
- Hoo-waun-ee-kaw, or little elk, his x mark,
- Tshay-ro-tshoan-kaw, or smoker, his x mark,
- Haump-ee-man-ne-kaw, or he who walks by day, his x mark,
- Hoo-tshoap-kaw, or four legs, his x mark,
- Morah-tshay-kaw, or little priest, his x mark,
- Kau-ree-kau-saw-kaw, or white crow, his x mark,
- Wau-kaun-haw-kaw, or snake skin, his x mark,
- Man-ah-kee-tshump-kaw, or spotted arm, his x mark,
- Wee-no-shee-kaw, his x mark,
- Tshaw-wan-shaip-shootsh-kaw, his x mark,
- Hoo-tshoap-kaw, or four legs, (senior) his x mark,
- Nau-soo-ray-risk-kaw, his x mark,
- Shoank-tshunsk-kaw, or black wolf, his x mark,
- Wau-tshe-roo-kun-ah-kaw, or he who is master of the lodge, his x mark,
- Kay-rah-tsho-kaw, or clear weather, his x mark,
- Hay-ro-kaw-kaw, or he without horns, his x mark,
- Wau-kaum-kam, or snake, his x mark,
- Kan-kaw-saw-kaw, his x mark,
- Man-kay-ray-kau, or spotted earth, his x mark,
- Thaun-wan-kaw, or wild cat, his x mark,
- Span-you-kaw, or Spaniard, his x mark,
- Shoank-skaw-kaw, or white dog, his x mark,
- Nee-hoo-kaw, or whirlpool, his x mark,
- Nath-kay-saw-kaw, or fierce heart, his x mark,
- Wheank-kaw, or duck, his x mark,
- Saw-waugh-kee-wau, or he that leaves the yellow track, his x mark,
- Sin-a-gee-wen, or ripple, his x mark,
- Shush-que-nau, his x mark,
- Sa-gin-nai-nee-pee, his x mark,
- Nun-que-wee-bee, or thunder sitting, his x mark,
- O-bwa-gunn, or thunder turn back, his x mark,
- Tusk-que-gun, or last feather, his x mark,
- Maun-gee-zik, or big foot, his x mark,
- Way-meek-see-goo, or wampum, his x mark,
- Meeks-zoo, his x mark,
- Pay-mau-bee-mee, or him that looks over, his x mark.
Witnesses present:
- W. B. Lee, secretary,
- H. J. B. Brevoort, United States Indian agent,
- R. A. Forsyth,
- Jno. H. Kinzie,
- John Marsh,
- E. A. Brush,
- G. W. Silliman,
- C. Chouteau,
- Peter Menard, jun., Indian subagent,
- Henry Gratiot,
- Pierre Paquet, Winnebago interpreter,
- J. Ogee, Potawatamie interpreter.
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