March 28, 1836.
Proclamation, March 27, 1836.
Made and concluded at the city of Washington in the District of Columbia,
between Henry R. Schoolcraft commissioner on the part of the United States,
and the Ottawa and Chippewa nation of Indians, by their chiefs and delegates.
Cession of land to the U.S.
ARTICLE FIRST: The Ottawa and Chippewa nations of Indians cede to the
United States all the tract of country within the following boundaries: Beginning
at the mouth of Grand River of Lake Michigan on the north bank thereof, and
following up the same to the line called for, in the first article of the treaty
of Chicago of the 29th of August 1821, thence, in a direct line to the head
of Thunder Bay River, thence with the line established by the treaty of Saginaw
of the 24th of September 1819, to the mouth of said river, thence northeast
to the boundary line in Lake Huron between the United States and the British
province of Upper Canada, thence northwestwardly, following the said line, as
established by the commissioners acting under the treaty of Ghent, through the
straits, and river St. Mary's to a point in Lake Superior north of the mouth
of Gitchy Seebing, or Chocolate River, thence south to the mouth of said river
and up its channel to the source thereof, thence, in a direct line to the head
of the Skonawba River of Green Bay, thence down the south bank of said river
to its mouth, thence, in a direct line through the ship channel into Green Bay,
to the outer part thereof, thence south to a point in Lake Michigan west of
the north cape, or entrance of Grand River, and thence east to the place of
beginning, at the cape aforesaid, comprehending all the lands and islands, within
these limits not hereinafter reserved.
Reservations in common.
ARTICLE SECOND: From the cession aforesaid the tribes reserve for their
own use, to be held in common the following tracts, namely: One tract of fifty
thousand acres to be located on Little Traverse Bay: one tract of twenty thousand
acres to be located on the north shore of Grand Traverse Bay, one tract of seventy
thousand acres to be located on, or, north of the Piere Marquetta River, one
tract of one thousand acres to be located by Chingassanoo, -- or the Big Sail,
on the Cheboigan. One tract of one thousand acres, to be located by Mujeekewis,
on Thunder Bay River.
Reservations for Chippewas
ARTICLE THIRD: There shall also be reserved for the use of the Chippewas
living north of the Straits of the Michilimackinac, the following tracts, that
is to say: Two tracts of three miles square each, on the north shores of the
said straits, between Point-au-Barbe and Mille Coquin River, including the fishing
grounds in front of such reservations, to be located by a council of chiefs.
The Beaver Islands of Lake Michigan for the use of the Beaver Island Indians.
Round Island, opposite Michilimackinac, as a place of encampment for the Indians,
to be under the charge of the Indian department. The islands of the Chenos,
with a part of the adjacent north coast of Lake Huron, corresponding in length,
and one mile in depth. Sugar Island, with its islets, in the river of St. Mary's.
Six hundred and forty acres, at the mission of the Little Rapids. A tract commencing
at the mouth of the Pississowing River, south of Point Iroquois, thence running
up said stream to its forks, thence westward, in a direct line to the Red water
lakes, thence across the portage to the Tacquimenon River, and down the same
to its mouth, including the small islands and fishing grounds in front of this
reservation. Six hundred and forty acres on Grand Island, and two thousand acres,
on the main extremity of Green Bay, to be located by a council of the chiefs.
All the locations, left indefinite by this, and the preceding articles, shall
be made by the proper chiefs, under the direction of the President. It is understood
that the reservation of a place of fishing and encampment, made under the treaty
of St. Mary's of the 16th of June 1820, remains unaffected by this treaty.
Payments to be made to the Indians.
ARTICLE FOURTH. In consideration of the foregoing cessions, the United
States engage to pay to the Ottawa and Chippewa nations, the following sums,
namely, 1st. An annuity of thirty thousand dollars per annum, in specie, for
twenty years; eighteen thousand dollars, to be paid to the Indians between Grand
River and the Cheboigan; three thousand six hundred dollars, to the Indians
on the Huron shore, between the Cheboigan and Thunderbay river; and seven thousand
four hundred dollars, to the Chippewas north of the straits, as far as the cession
extends; the remaining one thousand dollars, to be invested in stock by the
Treasury Department and to remain incapable of being sold, without the consent
of the President and Senate, which may, however, be given after the expiration
of twenty-one years. 2nd. Five thousand dollars per annum, for the purposes
of education, teachers, schoolhouses, and books in their own language, to be
continued twenty years, and as long thereafter as Congress may appropriate for
the object. 3rd. Three thousand dollars for missions, subject to the conditions
mentioned in the second clause of this article. 4th. Ten thousand dollars for
agricultural implements, cattle, mechanics' tools, and such other objects as
the President may deem proper. 5th. Three hundred dollars per annum for vaccine
matter, medicines, and the services of physicians to be continued while the
Indians remain on their reservations. 6th. Provisions to the amount of two thousand
dollars; six thousand five hundred pounds of tobacco; one hundred barrels of
salt, and five hundred fish barrels, annually, for twenty years. 7th. One hundred
and fifty thousand dollars, in goods and provisions, on the ratification of
this treaty, to be delivered at Michilimackinac.
Payment of claims against the Indians.
ARTICLE FIFTH. The sum of three hundred thousand dollars shall be set
apart for the payment of just debts against the said Indians. All claims for
such debts shall be examined by a commissioner to be appointed by the President
and Senate, who shall act under such instructions as may be given to him, by
the order of the President, for the purpose of preventing the allowance of unjust
claims. The investigation shall be made at Michilimackinac, and no claims shall
be allowed, except such as were contracted by Indians living within the district
of country hereby ceded, and to citizens or residents of the United States.
No claim shall be paid out of this fund unless the claimant will receive the
sum allowed to him, as full payment of all debts, due to him by the said Indians.
If the fund fall short of the full amount of just debts, then a ratable division
shall be made. If it exceed such amount, the balance shall be paid over to the
Indians, in the same manner, that annuities are required by law to be paid.
Provision for half-breeds, &c.
ARTICLE SIXTH. The said Indians being desirous of making provision
for their half-breed relatives, and the President having determined, that individual
reservations shall not be granted, it is agreed, that in lieu thereof, the sum
of one hundred and fifty thousand dollars shall be set apart as a fund for said
half-breeds. No person shall be entitled to any part of said fund, unless he
is of Indian descent and actually resident within the boundaries described in
the first article of this treaty, nor shall any thing be allowed to any such
person, who may have received any allowance at any previous Indian treaty. The
following principles, shall regulate the distribution. A census shall be taken
to all the men, women, and children, coming within this article. As the Indians
hold in higher consideration, some of their half-breeds than others, and as
there is much difference in their capacity to use and take care of poverty,
and consequently, in their power to aid their Indian connexions, which furnishes
a strong ground for this claim, it is therefore, agreed, that at the council
to be held upon this subject, the commissioner shall call upon the Indian chiefs
to designate, if they require it, three classes of these claimants, the first
of which, shall receive one-half more than the second, and the second, double
the third. Each man woman and child shall be enumerated, and an equal share,
in the respective classes, shall be allowed to each. If the father is living
with the family, he shall receive the shares of himself, his wife and children.
If the father is dead, or separated from the family, and the mother is living
with the family, she shall have her own share, and that of the children. If
the father and mother are neither living with the family, or if the children
are orphans, their share shall be retained till they are twenty-one years of
age; provided, that such portions of it as may be necessary may, under the direction
of the President, be from time to time applied for their support. All other
persons at the age of twenty-one years, shall receive their shares agreeably
to the proper class. Out of the said fund of one hundred and fifty thousand
dollars, the sum of five thousand dollars shall be reserved to be applied, under
the direction of the President to the support of such of the poor half-breeds,
as may require assistance, to be expended in annual installments for the term
of ten years, commencing with the second year. Such of the half-breeds, as may
be judged incapable of making a proper use of the money, allowed them by the
commissioner, shall receive the same in installments, as the President may direct.
Two additional blacksmiths, &c
ARTICLE SEVENTH. In consideration of the cessions above made, and as
a further earnest of the disposition felt to do full justice to the Indians,
and to further their well being, the United States engage to keep two additional
blacksmith-shops, one of which, shall be located on the reservation north of
Grand River, and the other at Sault Ste. Marie. A permanent interpreter will
be provided at each of these locations. It is stipulated to renew the present
dilapidated shop at Michilimackinac, and to maintain a gunsmith, in addition
to the present smith's establishment, and to build a dormitory for the Indians
visiting the post, and appoint a person to keep it, and supply it with firewood.
It is also agreed to support two farmers and assistants, and two mechanics,
as the President may designate to teach and aid the Indians, in agriculture,
and the mechanic arts. The farmers and mechanics, and the dormitory, will be
continued for ten years, and as long thereafter, as the President may deem this
the other stipulations of this article, shall be continued beyond the expiration
of the annuities, and it is understood that the whole of this article shall
stand in force, and after the expiration of the twenty years as Congress may
appropriate for the objects.
Location to be sought for; payment for improvements, &c.
ARTICLE EIGHTS: It is agreed, that as soon as the said Indians desire it, a deputation shall be sent to the west of the Mississippi, and to the country between Lake Superior and the Mississippi and a suitable location shall be provided for them, among the Chippewas, if they desire it, and it can be purchased upon reasonable terms, and if not, then in some portion of the country west of the Mississippi, which is at the disposal of the United States. Such improvements as add value to the land, hereby ceded, shall be appraised, and the amount paid to the proper Indian. But such payment shall, in no case, be assigned to, or paid to a white man. If the church on the Che-boigan, should fall within this cession the value shall be paid to the band owning it. The mission establishments upon the Grand river shall be appraised and the value paid to the proper boards. When the Indians wish it, the United States will remove them, at their ex-pence, provide them a year's subsistence in the country to which they go, and furnish the same articles and equipments to each person as are stipulated to be given to the Pottowatomies in the final treaty of cession concluded at Chicago.
Ante, p. 431
Payment to half-breeds in lieu of reservations.
ARTICLE NINTH. Whereas the Ottawas and Chippewas, feeling a strong
consideration for aid rendered by certain of their half-breeds on Grand river,
and other parts of the country ceded, and wishing to testify their gratitude
on the present occasion, have assigned such individuals certain locations of
land, and united in a strong appeal for the allowance of the same in this treaty;
and whereas no such reservations can be permitted in carrying out the special
directions of the President on this subject, it is agreed, that, in addition
to the general fund set apart for half-breed claims, in the sixth article, the
sum of forty-eight thousand one hundred and forth-eight dollars shall be paid
for the extinguishment of this class of claims, to be divided in the following
manner: To Rix Robinson, in lieu of a section of land, granted to his Indian
family, on the Grand river rapids, (estimated by good judges to be worth half
a million), at the rate of thirty-six dollars an acre: To Leonard Slater, in
trust for Chimnonoquat, for a section of land above said rapids, at the rate
of ten dollars an acre: To John A. Drew, for a tract of one section and three
quarters, to his Indian family, at Cheboigan rapids, at the rate of four dollars;
To Edward Biddle, for one section to his Indian family at the fishing grounds,
at the rate of three dollars; To John Holiday, for five sections of land to
five persons of his Indian family, at the rate of one dollar and twenty-five
cents; to Eliza Cook, Sophia Biddle, and Mary Holiday, one section of land each,
at two dollars and fifty cents: To Augustin Hamelin junr. Being of Indian descent,
two sections at one dollar and twenty-five cents; to William Lasley, Joseph
Daily, Joseph Trotier, Henry A. Levake, for two sections each, for their Indian
families, at one dollar and twenty-five cents; To Luther Rice, Joseph Lafrom-bois,
Charles Butterfield, being of Indian descent, and to George Moran, Louis Moran,
G.D. Williams, for half-breed children under their care, and to Daniel Marsac,
for his Indian child, one section each, at one dollar and twenty-five cents.
Payment to chiefs.
ARTICLE TENTH. The sum of thirty thousand dollars shall be paid to
the chiefs, on the ratification of this treaty, to be divided agreeably to a
schedule hereunto annexed.
Annuities to two aged chiefs.
ARTICLE ELEVENTH. The Ottawas having consideration for one of their
aged chiefs, who is reduced to poverty, and it being known that he was a firm
friend of the American Government, in that quarter, during the late war, and
suffered much in consequence of his sentiments, it is agreed, that an annuity
of one hundred dollars per annum shall be paid to Ningweegon or the Wing, during
his natural life, in money or goods, as he may choose. Another of the chiefs
of said nation, who attended the of Greenville in 1793, and is now, at a very
advanced age, reduced to extreme want, together with his wife, and the Government
being apprized that he has pleaded a promise of Gen. Wayne, in his behalf, it
is agreed that Chusco of Michilimackinac shall receive an annuity of fifty dollars
per annum during his natural life.
Expenses of this treaty to be paid by U.S.
ARTICLE TWELTH. All expenses attending the journies of the Indians
from, and to their homes, and their visit at the seat of Government, together
with the expenses of the treaty, including a proper quantity of clothing to
be given them, will be paid by the United States.
Right of hunting on lands ceded.
ARTICLE THIRTEENTH. The Indians stipulate for the right of hunting
on the lands ceded, with the other usual privileges of occupancy, until the
land is required for settlement.
In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the Ottawa and Chippewa nations of Indians have hereunto set their hands at Washington, the seat of Government, this twenty-eighth day of March, in the year one thousand eight hundred and thirty-six.
|Oroun Aishkum, of Maskigo,||Kawagayosh, of Sault Ste. Marie, by Maidosagee,|
|Wassangazo, of do.||Apawkozigun, of L'Arbre Croche,|
|Osawya, of do.||Keminitchagun, or do.|
|Wabi Windego, of Grand river,||Tawaganee, or do.|
|Megis Ininee, of do.||Kinoshamaig, of do.|
|Nabun Ageezhig, of do.||Naganigobowa, of do.|
|Winnimissagee, of. do.||Oniasino, of do.|
|Mukutaysee, of do.||Mukuday Benais, of do.|
|Wasaw Bequm, of do.||Chingassamo, of do.|
|Ainse, of Michilimackinac,||Aishquagonabee, of Grand Traverse,|
|Chabowaywa, of do.||Oshawun Epenaysee, of do.|
|Jawba Wadick, of Sault Ste. Marie,||Akosa, of do.|
|Waub Ogeeg, of do.|
John Hulbert, Secretary. Lucius Lyon. R.P. Parrott, Capt. U.S. Army. W.P. Zantizinger, Purser U.S. Navy. Josiah F. Polk. John Holiday. John A. Drew. Rix Robinson. Leonard Slater. Louis Moran. Augustin Hamelin, jr. Henry A. Levake. William Lasley. George W. Woodward. C.O. Ermat-inger.
Mongons of Carp and Chocolate rivers; Gitchy Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet: Kainway-bekis and Pazhikwaywitum of Beaver islands: Neezhick Epenais of the Anee: Ah-danima of Manistic: Mukwyon, Wa-hzahkoon, Oshawun, Oneshannocquot of the north shore of Lake Michigan: Naguniby and Keway Gooshkum of the Chenos.
Henry R. Schoolcraft,
How certain provisions in preceding articles are to be construed.
To guard against misconstruction in some of the foregoing provisions, and to
secure, by further limitations, the just rights of the Indians, it is hereby
agreed: that no claims under the fifth article shall be allowed for any debts
contracted previous to the late war with Great Britain, or for goods supplied
by foreigners to said Indians, or by citizens who did not withdraw from the
country, during its temporary occupancy by foreign troops, for any trade carried
on by such persons during the said period. And it is also agreed: that no person
receiving any commutation for a reservation, or any portion of the fund provided
by the sixth article of this treaty, shall be entitled to the benefit of any
part of the annuities herein stipulated. Nor shall any of the half-breeds, or
blood relatives of the said tribes commuted with, under the provisions of the
ninth article, have any further claim on the general commutation fund, set apart
to satisfy reservation claims, in the said sixth article. It is also understood,
that the personal annuities, stipulated in the eleventh article, shall be paid
in specie, in the same manner that other annuities are paid. Any excess of the
funds set apart in the fifth and sixth articles, shall in lieu of being paid
to the Indians, be retained and vested by the Government in stock under the
conditions mentioned in the fourth article of this treaty.
In testimony whereof, the parties above reited, have hereunto set their hands, at Washington the seat of Government, this thirty-first day of March, in the year one thousand eight hundred and thirty-six.
Henry R. Schoolcraft
John Hulbert, Secretary.
|Owun Aaishkum, of Maskigo, his x mark,||Apawkozigun, of L'Arbre Croche, his x mark|
|Wassangazo, of Maskigo, his x mark,||Keminitchagun, of L'Arbre Croche, his x mark|
|Osawya, of Maskigo, his x mark,||Tawagnee, of L'Arbre Croche, his x mark|
|Wabi Widego, of Grand river, his x mark||Kinoshemaig, of L'Arbre Croche, his x mark,|
|Megiss Ininee of Grand river, his x mark||Naganigabawi, of L'Arbre Croche, his x mark|
|Nabun Ageezhig, of Grand river, his x mark||Oniasino, of L'Arbre Croche, his x mark|
|Ainse, of Michilimackinac, his x mark||Mukaday Benais, of L'Arbre Cro-che, his x mark|
|Chabowaywa, of Michilimackinac, his x mark||Chingassamoo, of Cheboigan, his x mark,|
|Jauba Wadic, of Sault Ste. Marie, his x mark,||Aishquagonabee, of Grand Traverse his x mark|
|Waub Ogeeg, of Sault Ste. Marie, his x mark,||Kawgayosh, of Sault Ste. Marie, by Maidosagee, his x mark|
|Akosa, of Grand Traverse, his x mark|
|Robert Stewart,||Wm. Mitchell,||John A. Drew,|
|Augustin Hamelin, jr.||Rix Robinson,||C.O. Ermatinger.|
July 31, 1855.
11 Stat., 621. Proclaimed Sept. 10, 1856. Ratified, April 15, 1856.
Articles of agreement and convention made and concluded at the city of Detroit,
in the State of Michigan, this 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 Ottawas and Chippewas, and of their legal and equitable claims against the United States, it is agreed between the contracting parties as follows:
Certain lands in Michigan to be withdrawn from sale.
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 description, to wit:
For use of the six bands at and near Sault Ste. Marie.
First. For the use of the six bands residing at and near Sault 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.
For the use of the bands north of the Straits of Mackinac.
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.
For the Beaver Island band.
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.
For certain other bands.
Fourth. For the Cross Village, Middle Vallare, L'Arbre Croche and Bear
Creek bands, and of such List of those entitled to be prepared. Bay du Noc and
Beaver Island Indians as may prefer to live with them, townships 34 and 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.
For bands who are usually paid at Grand Traverse Township.
Fifty. 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.
For the Grand River bands.
Sixth. For the Grand River bands, township 12 north, range 15 west,
and townships 15, 16, 17, and 18 north, range 16 west.
For the Cheboygan band.
Seventh. For the Cheboygan band, townships 35 and 36 north, range 3
For the Thunder
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.
Purchase for bands who wish to locate near the missionary lands at Iroquois Point.
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.
Grant of lands to each Indian.
The United States will give to each Ottawa 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:
Selection, how made.
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.
Selections may be made within five years.
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
To be according to usual subdivisions.
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 fortyacre 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.
Possession may be taken at once.
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.
Sale within ten years forbidden.
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.
Provision for case of death.
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
To whom this treaty shall extend.
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.
After five years the remaining lands may be entered in the usual manner by Indians for five years, and then by anyone.
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.
Grants for churches, schools, etc., may be made.
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, schoolhouses,
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.
Indians may sell with President's consent.
It is also agreed that any lands within the aforesaid tracts now occupied
by actual settlers or by persons entitled to preemption thereon, shall be exempt
from the provisions of this article; provided, that such preemption 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 satisfaction of the awards of the Secretary of the Interior, shall be paid to the said Chip-pewas 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.
Payment to said Indians.
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:
Eighty thousand dollars in ten equal annual installments.
First. Eighty thousand dollars for educational purposes to be paid
in ten equal annual installments 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.
Seventy-five thousand dollars in five equal annual installments.
Second. Seventy-five thousand dollars to be paid in five equal annual
installments 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.
Forty-two thousand four hundred dollars for blacksmith shops.
Third. Forty-two thousand and four hundred dollars for the support
of four blacksmith shops for ten years.
Three hundred and six thousand dollars "to be paid per capita."
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
$35,000 in ten annual installments.
Fifth. The sum of thirty-five thousand dollars in ten annual installments.
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.
Liabilities under former treaties released.
ARTICLE 3. The Ottawa and Chippewa Indians hereby release and discharge
the United States from all liability of 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.
Tribal organization dissolved in most respects.
Future treaties; how made.
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.
Treaty; when to be binding.
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.
Aug. 2, 1855
11 Stat., 631.
Proclaimed Apr. 24, 1856.
Ratified Apr. 15, 1856.
Articles of agreement made and concluded at the city of Detroit, in the State
of Michigan, the second day of August, 1855, between George W. Manypenny and
Henry C. Gilbert, commissioners on the part of the United States, and the Chippewa
Indians of Sault Ste. Marie.
Rights of fishing surrendered.
ARTICLE 1. The said Chippewa Indians surrender to the United States
the right of fishing at the falls of St. Mary's, and of encampment, convenient
to the fishing-ground, secured to them by the treaty of June 16, 1820.
Payment to Indians.
ARTICLE 2. The United States will appoint a commissioner who shall,
within six months after the ratification of this treaty, personally visit and
examine the said fishery and place of encampment, and determine the value of
the interest of the Indians therein as the same originally existed. His award
shall be reported to the President, and shall be final and conclusive, and the
amount awarded shall be paid to said Indians, as annuities are paid, and shall
be received by them in full satisfaction for the right hereby surrendered: Provided,
That one-third of said award shall, if the Indians desire it, be paid to such
of their half-breed relations as they may indicate.
Grant to Oshawawno.
ARTICLE 3. The United States also give to the chief, O-shaw-waw-no,
for his own use, in fee-simple, a small island in the river St. Mary's, adjacent
to the camping-ground hereby surrendered, being the same island on which he
is now encamped, and said to contain less than half an acre; Provided,
That the same has not been heretofore otherwise appropriated or disposed of;
and in such case, this grant is to be void, and no compensation is to be claimed
by said chief or any of the Indians, parties hereto, in lieu thereof.
ARTICLE 4. 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.