Treaty with The Miami
November 28, 1840
Articles of a treaty made and concluded at the Forks of
the Wabash, in the State of Indiana, this twenty-eighth day
of November in the year of our Lord one thousand eight hundred
and forty, between Samuel Milroy and Allen Hamilton, acting
(unofficially) as commissioners on the part of the United
States, and the chiefs, warriors and headmen of the Miami
tribe of Indians.
THE Miami tribe of Indians, do hereby cede to the United
States all that tract of land on the south side of the Wabash
river, not heretofore ceded, and commonly known as "the
residue of the Big Reserve." Being all of their remaining
lands in Indiana.
For and in consideration of the cession aforesaid, the United
States agree to pay to the Miami tribe of Indians the sum
of five hundred and fifty thousand dollars. Three hundred
thousand dollars of which sum to be set apart, and applied
immediately after the ratification of this treaty and an appropriation
is made by Congress to carry its provisions into effect, to
the payment of the debts of the tribe, as hereinafter stipulated.
And the residue, two hundred and fifty thousand dollars, to
be paid in twenty equal yearly instalments.
The Miamies, being desirous that their just debts shall be
fully paid; it is hereby, at their request stipulated, that
immediately on the ratification of this treaty, the United
States shall appoint a commissioner or commissioners, who
shall be authorized to investigate all claims against any
and every member of the tribe, which have accrued since the
6th day of November, 1838, or which may accrue before the
date of the ratification of this treaty, without regard to
distinction of blood in the claimant or claimants. And whose
duty it shall be to enquire into the equity and legality of
the original cause of indebtedness, whether the same now is,
or may then be in the form of judgements, notes, or other
evidence of debt, and report for payment out of the money
set apart by this treaty for that purpose, such claims only,
or parts of claims, as shall be both legal and just. And his
or their award when approved by the President of the United
States shall be final. Two hundred and fifty thousand dollars
of the sum set apart in the second article of this treaty
shall be applied to the payment of debts contracted before
the twenty-eighth day of November, 1840; and the residue of
said sum, after such debts are satisfied, being fifty thousand
dollars, to the payment of debts contracted between the last
named date and the time of the ratification of this treaty
by the Senate of the United States; giving preference, in
the application of said sum of fifty thousand dollars, to
debts contracted for provisions and subsistence.
It is further stipulated that the sum of twenty-five thousand
dollars be paid to John B. Richardville. And the sum of fifteen
thousand dollars to the acting executor of Francis Godfroy
deceased, being the amount of their respective claims against
the tribe; out of the money set apart for the payment of their
debts by the second article of this treaty.
And whereas the late war chief, (Francis Godfroy,) bequeathed
to his children a large estate, to remain unsold until the
youngest of said children shall arrive at the age of twenty-one
years. It is therefore stipulated, that the United States
shall pay to the family of said deceased chief their just
proportion of the annuities of said tribe, at Fort Wayne,
from and after the time the tribe shall emigrate to the country
assigned to them west of the Mississippi.
It is further stipulated, that the sum of two hundred and
fifty dollars shall be paid annually by the United States,
and accepted by the Miamies in lieu of the labour stipulated
to be furnished by the fourth article of the treaty of the
23d of October 1826, for the purpose of preventing the dissatisfaction,
occasioned heretofore, in the distribution of said labour
amongst the different bands.
It is further stipulated, that the United States convey by
patent, to Me-shing-go-me-sia, son of Ma-to-sin-ia, the tract
of land reserved by the 2d article of the treaty of the 6th
of November 1838, to the band of Ma-to-sin-ia to be held by
the said Me-shin-go-me-zia, for his band; and the proceeds
thereof, when the same shall be alienated, shall be equitably
distributed to said band, under the direction of the President.
And the same provision made in favour of John B. Richardville
and family, in the 14th article of the treaty of the 6th of
November 1838, is hereby granted and extended to the above
named Me-shing-go-me-sia, and to his brothers.
It is hereby stipulated, that the Miami tribe of Indians
shall remove to the country assigned them west of the Mississippi,
within five years from this date; the United States paying
every expense attending such removal, and to furnish rations
to said tribe for twelve months after their arrival at said
country. And the United States shall also cause four thousand
dollars to be expended to the best advantage in supplying
good merchantable pork and flour to said tribe, during the
second year of their residence at their new homes. Which sum
is to be deducted from their annuity of that year.
It is further stipulated, that should there be an unexpended
ballance of the "three hundred thousand dollars,"
after the payment of the debts of the tribe as provided in
the second article of this treaty; such balance to be paid
over to the Miamies at the next payment of annuities after
the amount of said balance shall have been ascertained.
It is stipulated and agreed between the contracting parties,
that there shall be, and hereby is granted and reserved to
John B. Richardville, principal chief, seven sections of land,
from the land ceded in the first article of this treaty; at
such point or points as he may select (not less than one section
at any one point,) to be conveyed to him by patent from the
United States. And also, in like manner, one section of land
to Francis Lafountain, at the rapids of Wildcat, to be surveyed
under his direction.
Nothing in this treaty shall be so construed as to impair
the force or validity of former treaty stipulations, existing
between the United States and the Miami tribe of Indians,
not altered by nor coming within the purview of any of the
provisions of this treaty.
The United States hereby stipulate to set apart and assign
to the Miamies, for their occupancy west of the Mississippi,
a tract of country bounded on the east by the State of Missouri,
on the north by the country of the Weas and Kaskaskias, on
the west by the Potawatomies of Indiana, and on the south
by the land assigned to the New York Indians, estimated to
contain five hundred thousand acres.
It is hereby stipulated, that the United States provide for
the payment of the expense which may be necessarily incurred
in the negotiation of this treaty.
This treaty shall be binding on the United States, and on
the Miami tribe of Indians, from and after the date of its
ratification by the President by and with the advice and consent
of the Senate of the United States. But, if the same shall
not be so ratified before the 4th day of March next, it shall
be of no binding force or validity.
We the chiefs warriors, and headmen of the Miami tribe of
Indians, having examined and considered the foregoing articles,
after the same had been interpreted and explained to us to
our satisfaction, do hereby agree and request, that the said
articles shall be taken and held as a treaty between the parties
thereto; and when ratified as provided in the last preceding
article, be binding on our tribe, and on the United States,
as fully to all intents and purposes as though the same had
been officially and formally made on the part of the United
In testimony whereof, we, Samuel Milroy, and Allen Hamilton,
on behalf of the United States, (as aforesaid,) and the chiefs,
warriors, and headmen of the Miami tribe of Indians, have
hereunto set our hands.
Done at the Forks of the Wabash, in the State of Indiana,
this twenty-eighth day of November, one thousand eight hundred
- Samuel Milroy.
- Allen Hamilton.
- John B. Richardville, principal chief.
Signed in the presence of -
- H. B. Milroy, secretary.
- David Carrier.
- Geo. M. Maxwell.
- Robert H. Milroy.
- Peter Andre, interpreter.
We the undersigned chiefs headmen and warriors of the Miami
tribe of Indians residing in the State of Indiana, do hereby
give our free and voluntary assent to the amendments made
by the Senate of the United States on the 25th day of February
last, to the treaty concluded by us with the United States
on the 28th day of November 1840; the same having been submitted
and fully explained to us by Samuel Milroy and Allen Hamilton,
commissioners on the part of the United States for that purpose,
in full council assembled at the Forks of the Wabash in the
State of Indiana.
In testimony whereof we have hereunto set our hands, and
affixed our seals respectively this fifteenth day of May 1841.
- John B. Richardville,
- Poqua Godfroy.
Done in presence of -
- Samuel Milroy,
- Allen Hamilton,
- H. B. Milroy, secretary to commission.
- Peter Andrie,
- Grigway Boudie,
(To the Indian names are subjoined a mark and seal.)
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