24 July 2005
TREATY 1832 - 1955
TREATY BETWEEN THE UNITED STATES AND THE SHAWNEE AND
THE DELAWARE, 26 OCTOBER 1832, CASTOR HILL, ST. LOUIS COUNTY, MISSOURI
(Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 330-337.)
1832. 7 Stat., 397. Proclamation, Feb. 12, 1833)
Articles of a treaty made and entered into at Castor Hill, in the county of St. Louis, in the State of Missouri, this twenty-sixth day of October, one thousand eight hundred and thirty-two, between William Clark, Frank J. Allen and Nathan Kouns, Commissioners on the part of the United States, of the one part, and the Chiefs, Warriors and Counsellors of the Shawanoes and Delawares, late of Girardeau, in behalf of their respective bands, of the other part.
Whereas parts of the Shawanoe and Delaware nations of Indians did settle on lands near the town of Cape Girardeau, under a permission from the Spanish Government given to said Shawanoes and Delawares by the Baron Carondelet, dated the fourth day of January one thousand seven hundred and ninety three, on which lands the Delawares resided until the year one thousand seven hundred and fifteen, at which period, from various causes, it became necessary for them to remove, leaving their fields and improvements: And whereas, lands have been assigned to the said Tribes by Treaties, viz: with the Shawanoes of the seventh November one thousand eight hundred and twenty-five, and with the Delawares of the twenty-fourth September one thousand eight hundred and twenty-nine in which the last named Treaty no compensation was made to the Delawares late of Cape Girardeau, for their improvements or for their loss of stock, &c. and it being the desire of the United States to indemnify the said Delawares for all losses and injuries by them sustained in consequence of such removal, the following articles have been agreed upon by the contracting parties.
The Delawares and Shawanoes late of Cape Girardeau, hereby cede and relinquish to the United States all their lands within the State of Missouri, and also all claims which they may have against the United States for loss of property and for improvements which they have made up to the present time.
In consideration of the foregoing cession and relinquishment, the United States, the United States agree to the following stipulations:
There shall be paid and delivered to the said Delawares as soon as possible after the ratification of this Treaty, horned cattle, hogs and other stock, to the amount of two thousand dollars. For assistance in breaking up ground, and enclosing the same, one thousand dollars. For pay of a person to attend their mill for five years, and for repairs of the same for the said period, two thousand five hundred dollars. For support of a school for three years, one thousand five hundred dollars.
There shall be paid to the said Delawares on their lands, in merchandise suitable to their wants, at the St. Louis cost prices, after the ratification of this treaty, the sum of five thousand dollars. There shall also be paid them the further sum of twelve thousand dollars, to be placed, at the request of said Indians, in the hands of the Superintendent of Indian Affairs at St. Louis, to be by him applied to the payment of debts which the said Delawares have acknowledged to be due by their nation agreeably to a schedule presented in Council, and which sum they wish paid to Menard & Valle of St. Genevieve, for the benefit of William Gillis and William Marshall--The sum of one thousand dollars is also paid them in merchandise and cash, the receipt of which latter sum (of thousand dollars) is hereby acknowledged.
To enable the Shawanoes who are parties to this Treaty, to remove immediately all the bands of their tribe who are settled in the Territory of Arkansas, to the lands assigned their nation on the Kansas River, the United States will pay them on the signing of this treaty, eight hundred dollars in cash, and four hundred dollars in clothing and horses, the receipt of which sums, amounting to twelve hundred dollars, is hereby acknowledged. And when they shall have removed to their lands, the further sum of five hundred dollars shall be paid them towards the expense of said removal. The United States will moreover furnish the said Shawanoes with provisions on their land for one year after their removal, which, together with the preceding stipulations, will be considered in full of all their claims and demands against the United States, of whatever nature.
This treaty to be obligatory on the contracting parties when ratified by the President and Senate of the United States.
testimony whereof, the commissioners aforesaid, and the undersigned chiefs,
warriors, and counsellors aforesaid have hereunto subscribed their names and
affixed their seals, at Castor Hill, in the county of St. Louis aforesaid, the
first date above written.
[For the United State] William Clark, Frank J. Allen, Nathan Kouns
[For the Delaware] Me-shay-quo-wah, Na-ko-min, Ta-whe-la-len, Capt. Ketchum, Nonon-da-qomon.
Shawanoes: Wah-wai-lainue, his x mark, Le-lah-ow-che-ka, his x mark, Ki-ah-quah, his x mark, Pee-tah-lah-wah, his x mark, Shot Pouch, his x mark.
In presence of--Jas. Kemmly, secretary, Meriwether Lewis Clark, lieutenant, Sixth Infantry, Geo. Maguire, Indian Department, Sam L. McKenny, Pierre Menard, Alex'r Charles, Pem-saw-taw, Capt. Perry, his x mark, A. Shane, United States Interpreter, Geo. Catlin, his x mark, Pierre Cadue, his x mark, interpreter for Kickapoos and Pottawatamies. Castor Hill, St. Louis County, October 31st, 1832
By an understanding had between the undersigned Commissioners on the part of the United States, and certain chiefs of the Delaware Nation hereinafter named, and which was agreed to after the signing of the Treaty with said tribe, it was stipulated by the said Chiefs and agreed to by the Commissioners, than an annuity for life to Meshe Kowhay, or Patterson, first Chief of the Delawares, Tahwheelalen, or Ketchum, Captain of a band; and Natcoming, also Captain of a band, should be paid to each of them by the United States, of one hundred dollars. In testimony whereof, we have hereunto set our hands at Castor Hill, the date aforesaid. William Clark, Nathan Kouns. Frank J. Allen.
* * *
TREATY OF THE DELAWARE, SHAWNEE, KICKAPOO, POTTAWATOMIE,
OTTAWA, WEA, PEORIA, AND KASKASKIA, OPENED 8 NOVEMBER 1833, FORT LEAVENWORTH
An Indian peace council, called by Commissioner Henry Ellsworth, began about 8 November 1833 at Fort Leavenworth in present Kansas. Some 100 Pawnee, Otoe, and Omaha met delegates from the immigrant nations--the Delaware, Shawnee, Kickapoo, Pottawatomie, Ottawa, Wea, Peoria, and Kaskaskia. The Kansa arrived on the 14th, and the Iowa and Sac on the 15th. Baptist missionaries Johnston Lykins and Jotham Meeker attended the 8 and 9 November meetings and Methodists Thomas Johnson and Jerome Berryman attended some council sessions. In the treaty, signed on 12 November by the nations present, it was agreed to cease all hostile acts, to take no private or personal revenge, and to allow other tribes to become parties to it.
of 12 November included:
Delaware: Patterson, Nahko-mi, Nonon-do-quo-mon, Sha-wah-nock, Long House.
Shawnee: John Perry, William Perry, Wy-lah-lah-piah, Cornstalk, and four others.
Kickapoo: Pa-sha-cha-ha and Kennekuk.
Pottawatomie: Qui-qui-to, and No-sha-com.
Ottawa: Oquanoxa and Chi-cah (She-kauk).
Peoria and Kaskaskia: White Shield, Big Harry, Jim Peorias, and Le Coigne.
Wea: Quih-wah (Negro legs), Wah-quon-Pa (Swan), and three others.
Otoe: Ietan headed the Otoe signers.
Omaha: Wah-con-ray signed first for the Omaha.
Grand Pawnee: Sha-re-ta-rich.
Tappage Pawnee: Ska-lah-layshah-ro.
Republican Pawnee: Ah-sha-lay-ro-she.
Pawnee Loup: Pah-ka-le-koo.
Signers of 16 November included: Kansa: Nom-pa-wa-rah (White Plume) headed the list of Kansa signers, then Ky-he-ga-wa-ta-ninga (Fool Chief, and Ky-he-ga-wat-che-ha (Head Chief), and eight others. Sac and Fox also signed, but most of the delegates had departed by this date.
Witnesses, on the 12th, included all of Commissioner Henry Ellsworth's party,
several army officers ( Maj. Bennet Riley, Capt. William N. Wickliffe,
Lieutenants Asa Richardson, John Nicholls, Robert Sevier, and John Conrad),
Indian agents John Dougherty and Richard W. Cummins; Subagents A. S. Hughes, J.
L. Bean, and F. W. Miller; post sutler A. C. Morgan; interpreters Anthony Shane,
James Connor, Baptiste Peoria, Peter Cadue, and Louis La Chapelle. Agent Marston
G. Clark and interpreter Clement Lessert were among the witnesses to the Kansa
(Barry, The Beginning of the West, pp. 250-251)
[This is a summary of the treaty only.-Editor]
* * *
NOTE THAT WE HAVE ADDED THE TREATIES OF THE MUNSEE AND THE STOCKBRIDGE. THE MUNSEE ARE A PART OF THE LENAPE-DELAWARE. THEY AND THE STOCKBRIDGE ARE CLOSELY ASSOCIATED WITH THE LENAPE-DELAWARE MAINSTREAM. BECAUSE THERE IS LITTLE WRITTEN ON THEM, WE WILL BEGIN TO ADD DATA ON THOSE TRIBES/NATIONS. EDITOR]
* * *
TREATY BETWEEN THE UNITED STATES AND THE STOCKBRIDGE
AND MUNSEE, 3 SEPTEMBER 1839, STOCKBRIDGE, WISCONSIN TERRITORY
(Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 529-531.)
Sept. 3, 1839. 7 Stat., 580. 11 Stat., 577. Proclamation, May 16, 1840.
Articles of a treaty made at Stockbridge in the Territory of Wisconsin, on the third day of September in the year of our Lord one thousand eight hundred and thirty-nine, between the United States of America, by their commissioner Albert Gallup, and the Stockbridge and Munsee tribes of Indians, who reside upon Lake Winnebago in the territory of Wisconsin.
The Stockbridge and Munsee Tribes of Indians (formerly of New York) hereby cede and relinquish to the United States, the east half of the tract of forty-six thousand and eighty acres of land, which was laid off for their use, on the east side of Lake Winnebago, in pursuance of the treaty made by George B. Porter commissioner on the part of the United States, and the Menominee nation of Indians, on the twenty-seventh day of October eighteen hundred and thirty-two. The said east half hereby ceded, to contain twenty-three thousand and forty acres of land; to be of equal width at the north and south ends, and to be divided from the west half of said tract of forty-six thousand and eighty acres, by a line to be run parallel to the east line of said tract. The United States to pay therefor, one dollar per acre at the time and in the manner hereinafter provided.
Whereas a portion of said tribes, according to a census or roll taken, and hereunto annexed, are desirous to remove west and the others to remain where they now are; and whereas the just proportion of the emigrating party in the whole tract of forty six thousand and eighty acres is eight thousand seven hundred and sixty-seven and three-fourths acres of land, it is agreed that the United States to pay to the said emigrating party, the sum of eight thousand seven hundred and sixty-seven dollars and seventy-five cents, as a full compensation for all their interest in the lands held by the party who remain, as well as in the lands hereby ceded to the United States.
Whereas the improvements of the emigrating party are all on that part of the original tract which is reserved and still held by the party who remain in Stockbridge, and it is but equitable that those who remain should pay those who emigrate for such improvements; it is agreed that the United States shall pay to the emigrating party the sum of three thousand eight hundred and seventy-nine dollars and thirty cents, the appraised value of said improvements; and it is hereby agreed and expressly understood, that the monies payable to the emigrating party shall be distributed among the heads of families according to the schedule hereunto annexed, the whole amount to be paid to the emigrating party under this and the preceding article being the sum of twelve thousand six hundred and forty-seven dollars and five cents.
The balance of the consideration money for the lands hereby ceded, (after deducting the sums mentioned in the second and third articles,) amounting to the sum of ten thousand three hundred and ninety-two dollars and ninety-five cents, is to be paid to, and invested for the benefit of such of the Stockbridge and Munsee tribes of Indians (numbering three hundred and forty-two souls) as remain at their present place of residence at Stockbridge on the east side of Winnebago lake, as follows. Six thousand dollars of said sum to be invested by the United States in public stocks at an interest of not less than five per cent. per annum as a permanent school fund; the interest of which shall be paid annually to the sachem and counsellors of their tribes, or such other person as they may appoint to receive the same, whose receipt shall be a sufficient voucher therefor; and the balance thereof amounting to four thousand three hundred and ninety-two dollars and ninety-five cents, shall be paid to the said sachem and counsellors, or to such person as they may appoint to receive the same, whose receipt shall be a sufficient voucher therefor.
The monies herein secured to be paid by the United States to the Stockbridge and Munsee tribes amounting in all to twenty-three thousand and forty dollars, are to be paid in manner aforesaid, in one year from the date hereof, or sooner if practicable.
It is agreed that an exploring party not exceeding three in number may visit the country west, if the Indians shall consider it necessary, and that whenever those who are desirous of emigrating shall signify their wish to that effect, the United States will defray the expenses of their removal west of the Mississippi and furnish them with subsistence for one year after their arrival at their new homes. The expenses of the exploring party to be borne by the emigrants.
Whereas there are certain unliquidated claims and accounts existing between the emigrating party, and those who remain where they now are, which it is now impossible to liquidate and adjust; it is hereby agreed that the same shall be submitted to the agent of the United States who shall be appointed to make the payments under this treaty, and that his decision shall be final thereon.
witness whereof we have hereunto set our hands and seals this third day of
September in the year of our Lord one thousand eight hundred and thirty-nine.
Albert Gallup, Commissioner on the part of the United States. Austin E. Quinny, Sachem,Thomas T. Hendrick, John Metoxen, Jacob Chicks, Robert Konkapot, Captain Porter, Munsee chief, James Rain, Munsee war chief.
Stockbridge: Timothy Jourdan, Benjamin Palmer, Jno. N. Chicks, Jno. W. Quinney,John W. Newcom, Thomas S. Branch, Levi Konkapot, John Littlemon,Peter Sherman, J. L. Chicks. Aaron Ninham, Stockbridge chief. [In Kansas Historical Collections, vol. 16, "Indian Treaties and Councils," p. 761]
Munsee: John Killsnake.
Stockbridge: Jeremiah Singerland, Jonas Thompson, Eli Hendrick, Elisha Konkapot, Henry Skicket, Simon S. Metoxen, Samuel Miller, Gerret Thompson, Daniel David, Ziba T. Peters, Simeon Konkapot, David Abrams, Jonas Konkapot, David Calvin, Benjamin Pye, sen., Aaron Ninham.
and sealed in presence of—A. S. Kellogg, Cutting Marsh, Clark Whitney, John Den,
(To the Indian names are subjoined a mark and seal.)
(Source of table: http://digital.library.okstate.edu/kappler Not included)
* * *
AGREEMENT BETWEEN THE DELAWARE AND WYANDOT, 14
DECEMBER 1843, [PRESENT KANSAS]
9 Stat. 337. Ratified July 25, 1848
(Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, p. 574-582.)
With the proviso: "That the Wyandot Nation shall take no better right or interest in and to the said lands than is now vested in the Delaware Nation of Indians."
Whereas from a long and intimate acquaintance, and the ardent friendship which has for a great many years existed between the Delawares and the Wyandots, and from a mutual desire that the same feeling shall continue and be more strengthened by becoming near neighbors to each other; therefore the said parties, the Delawares on one side, and the Wyandots on the other, in full council assembled, have agreed, and do agree, to the following stipulations, to wit:--
The Delaware nation of Indians, residing between the Missouri and Kansas Rivers, being very anxious to have their uncles, the Wyandots [Emphasis added.-Editor], to settle and reside near them, do hereby donate, grant and quitclaim forever, to the Wyandot nation, three sections of land, containing six hundred and forty acres each, lying and being situated at the point of the junction of the Missouri and Kansas Rivers.
The Delaware chiefs, for themselves, and by the unanimous consent of their people; do hereby cede, grant, quitclaim to the Wyandot nation and their heirs forever, thirty-six sections of land, each containing six hundred and forty acres, situated between the aforesaid Missouri and Kansas rivers, and adjoining on the west the aforesaid three donated sections, making in all thirty-nine sections of land, bounded as follows, viz.: Commencing at the point at the junction of the aforesaid Missouri and Kansas rivers, running west along the Kansas river sufficiently far to include the aforesaid thirty-nine sections; thence running north to the Missouri river; thence down the said river with its meanders to the place of beginning; to be surveyed in as near a square form as the rivers and territory ceded will admit of.
In consideration of the forgoing donation and cession of their land, the Wyandot chiefs bind themselves, successors in office, and their people to pay to the Delaware nation of Indians, forty-six thousand and eighty dollars, as follows, viz.: six thousand and eighty dollars to be paid the year eighteen hundred and forty-four, and four thousand dollars annually thereafter for ten years.
It is hereby distinctly understood, between the contracting parties, that the aforesaid agreement shall not be binding or obligatory until the President of the United States shall have approved the same and caused it to be recorded in the War Department.
In testimony whereof, we, the chiefs and headmen of the Delaware nation, and the chiefs and headmen of the Wyandot nation, have, this fourteenth day of December, eighteen hundred and forty-three, set our signatures.
Delaware Chiefs: Nah-koo-mer, Captain Ketchum, Captain Suavec, Jackenduthen, San-kock-sa, Cock-i-to-wa, Sa-sar-si-tona, Nah-que-non or Nan-que-non.
Wyandots: Henry Jacquis, James Washington, Matthew Peacock, James Bigtree, George Armstrong, Tan-roo-mie, T. A. Hicks.
open council in presence of Jonathan Phillips, Sub-agent for the Wyandots.
Richard W. Cummins, Indian Agent, James M. Simpson, Charles Graham, Joel Walker,
Secretary of the Wyandott Council. Henry Tiblow, Indian Interpreter.
(Additional source: http://www.sfo.com/zdenglish/wnaks )
* * *
TREATY BETWEEN THE UNITED STATES AND THE POTOWAUTOMIE
NATION , 17 JUNE 1846, POTOWAUTOMIE CREEK, NEAR THE OSAGE RIVER, SOUTH AND WEST
June 5 and 17, 1846. 9 Stat., 853. Ratified. July 22, 1846. Proclaimed, July 23, 1846
Indian Affairs: Laws and Treaties. Vol. II (Treaties) . Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 558-560.
The United States agree to grant to the said united tribes of Indians possession and title to a tract or parcel of land containing five hundred and seventy-six thousand acres, being thirty miles square, and being the eastern part of the lands ceded to the United States by the Kansas tribe or Indians, by treaty concluded on the 14th day of January, and ratified on the 15th of April of the present year, lying adjoining the Shawnees on the south, and the Delawares and Shawnees on the east, on both sides of the Kansas River, and to guarantee the full and complete possession of the same to the Pottowautomie Nation, parties to this treaty, as their land and home forever; for which they are to pay to the United States the sum of eighty-seven thousand dollars, to be deducted from the gross sum promised to them in the 3d article of this treaty.
[This is the only paragraph that refers to the Delaware.]
* * *
TREATY BETWEEN THE UNITED STATES AND THE STOCKBRIDGE , 24
NOVEMBER 1848, STOCKBRIDGE, WISCONSIN
Nov. 24, 1848. 9 Stat., 955. Ratified Mar. 1, 1849.
(Indian Affairs: Laws and Treaties. Vol. II (Treaties) . Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 574-582.)
Articles of agreement and treaty made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of November, in the year of our Lord one thousand eight hundred and forty-eight, by and between the undersigned, acting commissioners on the part of the United States of America, and the Stockbridge tribe of Indians.
WHEREAS by an act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved on the third day of March, A. D. 1843, it was provided that the township of land on the east side of Winnebago Lake, secured to said tribe by the treaty with the Menomonee Indians of February 8th, 1831, as amended by the Senate of the United States, and not heretofore ceded by said tribe to the United States, should be divided and allotted among the individual members of said tribe, by commissioners to be elected for that purpose, who were to make report of such division and allotment, and thereupon the persons composing said tribe were to become citizens of the United States.
And whereas a portion of said tribe refused to recognize the validity of said act of Congress, or the proceedings which were had under it, or to be governed by its provisions, and upon their petition a subsequent act was passed by the Congress of the United States, on the 6th day of August, 1846, repealing the said act of March 3d, 1843, and providing, among other things, that such of said tribe as should enroll themselves with the subagent of Indians affairs at Green Bay, should be and remain citizens of the United States, and the residue of said tribe were restored to their ancient form of government as an Indian tribe. It was also provided that the said township of land should be divided into two districts, one of which was to be known as the “Indian district,” the other as the “citizen district;” the former to be held in common by the party who did not desire citizenship, and the latter to be divided and allotted among such as were citizens and desired to remain so.
And whereas it has been found impracticable to carry into full effect the provisions of the act of August 6th, 1846, by dividing the said township of land in the manner specified in said act, without infringing upon private rights acquired in good faith under the act of 1843 hereinbefore referred to, with a view of relieving both the Indian and citizen parties of said Stockbridge tribe of Indians from their present embarrassments, and to secure to each their just rights, articles of agreement and compromise have been entered into, as follows:
The said Stockbridge tribe of Indians renounce any participation in any of the benefits or privileges granted or conferred by the act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved March 3, 1843, and relinquish all rights secured by said act; and they do hereby acknowledge and declare themselves to be under the protection and guardianship of the United States, as other Indian tribes.
That no misunderstanding may exist, now or hereafter, in determining who compose said tribe and are parties hereto, it is agreed that a roll or census shall be taken and appended to this agreement, and in like manner taken annually hereafter, and returned to the Secretary of the War Department of the United States, containing the names of all such as are parties hereto, and to be known and recognized as the Stockbridge tribe of Indians, who shall each be entitled to their due proportion of the benefits to be derived from the provisions made for their tribe by this and former agreements; and whenever any of them shall separate themselves from said tribe, or abandon the country which may be selected for their future home, the share or portion of such shall cease, and they shall forfeit all claims to be recognized as members of said tribe.
The said Stockbridge tribe of Indians hereby sell and relenquish to the United States the township of land on the east side of Lake Winnebago, (granted and secured to said tribe by the treaty with the Menomonee tribe of Indians of February 8, 1831, as amended by the resolution of the Senate of the United States,) and situated in the State of Wisconsin.
The said township of land shall be surveyed into lots, in conformity with the plan adopted by the commissioners elected under the act of March 3, 1843, and such of said lands as were allotted by said commissioners to members of said tribe who have become citizens of the United States (a schedule of which is hereunto annexed) are hereby confirmed to such individuals respectively, and patents therefor shall be issued by the United States. The residue of said lands belonging to the United States shall be brought into market but shall not be sold at less than the appraised value, unless the Senate of the United States shall otherwise determine.
In consideration of the cession and relinquishment hereinbefore made by the said Stockbridge tribe of Indians, it is agreed that the United States shall pay to said tribe, within six months after the ratification of this agreement, the sum of sixteen thousand five hundred dollars, to enable them to settle their affairs, obtain necessaries, and make provision for establishing themselves in a new home.
The United States shall also pay to said tribe, within six months after the ratification of this agreement, the sum of fourteen thousand five hundred and four dollars and eighty-five cents, being the appraised value of their improvements upon the lands herein ceded and relinquished to the United States, and to be paid to the individuals claiming said improvements according to the schedule and assessment herewith transmitted.
It is further stipulated and agreed that the said Stockbridge tribe may remain upon the lands they now occupy for one year after the ratification of this agreement, and that they will remove to the country set apart for them, or such other west of the Mississippi River as they may be able to secure, where all their treaty stipulations with the Government shall be carried into effect.
Whenever the said Stockbridge tribe shall signify their wish to emigrate, the United States will defray the expenses of their removal west of the Mississippi and furnish them with subsistence for one year after their arrival at their new home.
It is further stipulated and agreed, that, for the purpose of making provision for the rising generation of said tribe, the sum of sixteen thousand five hundred dollars shall be invested by the United States in stock, bearing an interest of not less than five per cent. per annum, the interest of which shall be paid annually to said tribe, as other annuities are paid by the United States.
It is agreed that nothing herein shall prevent a survey of said lands, at any time after the ratification of this agreement, and that said tribe shall commit no waste or do unnecessary damage upon the premises occupied by them
The United States will pay the expenses incurred by the sachem and head-men, amounting to three thousand dollars, in attending to the business of said tribe since the year 1843.
This agreement to be binding and obligatory upon the contracting parties from and after its ratification by the Government of the United States.
witness whereof, the said commissioners, and the sachem, councillors, and
headmen of said tribe, have hereunto set their hands and seals, the day and year
Morgan L. Martin, [Stockbridge?] Albert G. Ellis, [Stockbridge?], Augustin E. Quinney, sachem, Zeba T. Peters, Peter D. Littleman, *Abram Pye
Councillors: Joseph M. Quinney, Samuel Stephens, Jeremiah Slingerland, * Benjamin Pye, 2d, Simon S. Metoxen, Daniel Metoxen, * Moses Charles, * Benjamin Pye, 3d, * Jacob Jehoiakim, John Metoxen, John W. Quinney, Samuel Miller, Councillors: * David Palmer, Ezekiel Ribinson, * James Joshua, * Garrett Thompson, * Laurens Yocron, * Thomas Schanandoah, * John W. Quinney, jr., * Nicolas Palmer, John P. Quinney, * Washington Quinney, * Aaron Turkey.
To each of the names of the Indians marked with an asterisk is affixed his mark.
In presence of—Charles A. Grignon, U. S. Interpreter. Lemuel Goodell, Eleazer Williams, Charles Poreuninozer.
Whereas the Stockbridge and Munsee Indians consider that they have a claim against the United States for indemnity for certain lands on White River in the State of Indiana, and for certain other lands in the State of Wisconsin, which they allege they have been deprived of by treaties entered into with the Miamies and Delawares, or to the lands claimed by them in Indiana, and with the Menomonees and Winnebagoes, or to the lands in Wisconsin, without their consent; and whereas the said Stockbridge and Munsee Indians, by their chiefs and agents, have continued to prosecute their said claims during the last twenty years at their own expense, except the sum of three thousand dollars paid them in 1821; and whereas it is desirable that all ground of discontent on the part of said Indians shall be removed, the United States do further stipulate, in consideration of the relinquishment by them of said claims , and all other, except as provided in this treaty, to pay the sachems or chiefs of said Indians, on the ratification of this article by them, with the assent of their people, the sum of five thousand dollars, and the further sum of twenty thousand dollars, to be paid in ten annual instalments, to commence when the said Indians shall have selected and removed to their new homes, as contemplated by the seventh article of this treaty.
The President of the United States, within two years from the ratification of this treaty, shall procure for the use of said Stockbridge Indians a quantity of land west of the Mississippi River, upon which they shall reside, not less than seventy-two sections, said Indians to be consulted as to the location of said land, and to be holden by the same tenure as other Indian lands.
TREATY BETWEEN THE UNITED STATES AND THE WYANDOT, 1 APRIL 1850, WASHINGTON
Apr. 1, 1850.
9 Stat., 987. Ratified Sept. 24, 1850. Proclaimed Sept. 30, 1850. )
(Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 587-588.) Articles of a convention concluded in the city of Washington, this first day of April, on thousand eight hundred and fifty, by and between Ardavan S. Loughery, commissioner especially appointed by the President of the United States, and the undersigned head chief and deputies of the Wyandot tribe of Indians, duly authorized and empowered to act for their tribe.
WHEREAS, By the treaty of March 17, 1842, between the United States and the Wyandot nation of Indians, then chiefly residing within the limits of the State of Ohio, the said nation of Indians agreed to sell and transfer, and did thereby sell and transfer, to the United States their reservations of land, one hundred and nine thousand acres of which was in the State of Ohio, and Six thousand acres were in the State of Michigan, and to remove to the west of the Mississippi River: And whereas, among other stipulations it was agreed that the United States should convey to said Indians a tract of country for their permanent settlement in the Indian territory west of the Mississippi River, to contain one hundred an [and] forty-eight thousand acres of land: And whereas, The said Indians never did receive the said one hundred and forty-eight thousand acres of land from the United States, but were forced to purchase lands from the Delaware nation of Indians, which purchase was agreed to and ratified by the United States: Now, in order to settle the claim of the Wyandot tribe of Indians to said land, the United States having appointed A. S. Loughery a commissioner on their part, who, with the undersigned delegates from the Wyandot nation, have agreed to the following treaty:
The United States, in consideration that the Wyandot nation of Indians shall and do hereby release, relinquish, and give up all claim to the said one hundred and forty-eight thousand acres of land agreed to be assigned and given to them by the treaty of March 17,1842, hereby stipulate and agree to pay to the said Wyandot tribe of Indians the sum of one hundred and eighty-five thousand dollars, being at and after the rate of one dollar and twenty-five cents per acre, in the manner and form following, to wit: One hundred thousand dollars to be invested in United States Stocks, bearing five per cent. interest per annum, which interest shall be paid to them at the time and in the manner in which their present annuities are paid—and for the purpose of enabling the Wyandot Indians to pay and extinguish all their just debts, as well what is now due to the Delawares for the purchase of their lands as to others, the balance of said sum, being the sum of eighty-five thousand dollars, shall be paid to the Wyandot nation or on their drafts, specifically describing for what the drafts are given.
All the reasonable expenses attending the negotiation of this treaty, including a reasonable allowance for the expenses of the delegation, signers hereto, in coming to Washington, whilst here on the business connected herewith, and in returning to their nation, shall be defrayed by the United States.
In testimony whereof the said commissioners on the part of the United States, and the said head chief and deputies, delegates on the part of the Wyandot Tribe or nation of Indians, have hereunto set their hands, at the city of Washington, D. C., this first day of April in the year of our Lord eighteen hundred and fifty.
Ardavan S. Loughery. [L. S.] . United States Commissioner. F. A. Hick, [L. S.], Geo. J. Clark, [L. S.], Joel Walker, [L. S.]. William B. Waugh, Secretary
In presence of—R. W. Johnson, James X. MacLanahan, Geo. F. Wood, James Myer, A. M. Mitchell, Jno. G. Camp, Richard Fields, S. C. Stambaugh, Sam. J. Potts.
[Are these Wyandot?]
* * *
TREATY BETWEEN THE UNITED STATES AND THE DELAWARE, 6 MAY 1854, WASHINGTON. [D. C.]
(Indian Affairs: Laws and Treaties. Vol. II (Treaties) . Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, pp. 614-618.)
May 6, 1854. 10 Stats, 1048. Ratified July 11, 1854. Proclaimed July 17, 1854.
Articles of agreement and convention made and concluded at the city of Washington this sixth day of May, one thousand eight hundred and fifty-four, by George W. Manypenny, as commissioner on the part of the United States, and the following-named delegates of the Delaware tribe of Indians, viz: Sarcoxey; Ne-cond-he-cond; Kock-ka-to-wha; Qua-cor-now-ha, or James Secondyne; Ne-sha-pa-na-cumin, or Charles Journeycake; Que-sha-to-wha, or John Ketchum; Pondoxy, or George Bullet; Kock-kock-quas, or James Ketchum; Ah-lah-a-chick, or James Conner, they being thereto duly authorized by said tribe.
The Delaware tribe of Indians hereby cede, relinquish, and quit-claim to the United States all their right, title, and interest in and to their country lying west of the State of Missouri, and situate in the fork of the Missouri and Kansas Rivers, which is described in the article supplementary to the treaty of October third, one thousand eight hundred and eighteen, concluded, in part, on the twenty-fourth September, one thousand eight hundred and twenty-nine, at Council Camp, on James' Fork of White River, in the State of Missouri; and finally concluded at Council Camp, in the fork of the Kansas and Missouri Rivers, on the nineteenth October, one thousand eight hundred and twenty-nine; and also their right, title, and interest in and to the "outlet" mentioned and described in said supplementary article, excepting that portion of said country sold to the Wyandot tribe of Indians, by instrument sanctioned by act of Congress approved July twenty-fifth, one thousand eight hundred and forty-eight, and also excepting that part of said country lying east and south of a line beginning at a point on the line between the land of the Delawares and the half-breed Kanzas, forty miles, in a direct line, west of the boundary between the Delawares and the Wyandots, thence north ten miles, thence in an easterly course to a point on the south bank of Big Island Creek, which shall also be on the bank of the Missouri River where the usual high-water line of said creek intersects the high water line of said river.
The United States hereby agree to have the ceded country (excepting the said "outlet") surveyed, as soon as it can be conveniently done, in the same manner that the public lands are surveyed--such survey to be commenced and prosecuted as the President of the United States may deem best. And the President will, so soon as the whole or any portion of said lands are surveyed, proceed to offer such surveyed lands for sale, at public auction, in such quantities as he may deem proper, being governed in all respects, in conducting such sales, by the laws of the United States respecting the sales of public lands; and such of the lands as may not be sold at the public sales, shall thereafter be subject to private entry, in the same manner that private entries are made of United States lands; and any, or all, of such lands as remain unsold, after being three years subject to private entry, at the minimum Government price, may, by act of Congress, be graduated and reduced in price, until all said lands are sold; regard being had in such graduation and reduction to the interests of the Delawares, and also to the speedy settlement of the country.
The United States agree to pay to the Delaware tribe of Indians the sum of ten thousand dollars; and, in consideration thereof, the Delaware tribe of Indians hereby cede, release, and quit-claim to the United States, the said tract of country hereinbefore described as the "outlet." And as a further and full compensation for the cession made by the first article, the United States agree to pay to said tribe all the monies received from the sales of the lands provided to be surveyed in the preceding article, after deducting therefrom the cost of surveying, managing, and selling the same
The Delaware Indians have now, by treaty stipulation, the following permanent annuities, to wit: One thousand dollars per fourth article of the treaty of third August, one thousand seven hundred and ninety-five. Five hundred dollars, per third article of the treaty of thirtieth of September, one thousand eight hundred and nine. Four thousand dollars per fifth article of the treaty of third October, one thousand eight hundred and eighteen. One thousand dollars per supplemental treaty of twenty-fourth September, one thousand eight hundred and twenty-nine. One hundred dollars for salt annuity, per third article of the treaty of June seventh, one thousand eight hundred and three. Nine hundred and forty dollars, for blacksmith annuity, per sixth article of the treaty of third October, one thousand eight hundred and eighteen. All of which several permanent annuities they hereby relinquish and forever absolve the United States from the further payment thereof; in consideration whereof the United States agree to pay to them, under the direction of the President, the sum of one hundred and forty-eight thousand dollars, as follows: seventy-four thousand dollars in the month of October, one thousand eight hundred and fifty-four, and seventy-four thousand dollars in the month of October, one thousand eight hundred and fifty-five. The object of converting the permanent annuities into these two payments being to aid the Delawares in making improvements on their present farms, and opening new ones on the land reserved, building houses, buying necessary household furniture, stock, and farming-utensils, and such other articles as may be necessary to their comfort. [Emphasis added]
It is agreed that the sum of forty-six thousand and eighty dollars, being the value of the thirty-six sections of land set apart for school purposes by the supplemental treaty of one thousand eight hundred and twenty-nine, remain for the present at five per cent, interest, as stipulated by the resolution of the Senate of the nineteenth January, one thousand eight hundred and thirty-eight.
The Delawares feel now, as heretofore, grateful to their old chiefs for their long and faithful services. In former treaties, when their means were scanty, they provided, by small life-annuities, for the wants of these chiefs, some of whom are now receiving them. These chiefs are poor, and the Delawares believe it is their duty to keep them from want in the old and declining age. It is the wish of the Delawares, and hereby stipulated and agreed, that the sum of ten thousand dollars, the amount provided in the third article as a consideration for the "outlet," shall be paid to their five chiefs, to wit: Captain Ketchum, Sarkoxey, Segondyne, Neconhecond, and Kock-ka-to-wha, in equal shares of two thousand dollars each. to be paid as follows: to each of said chiefs, annually, the sum of two hundred and fifty dollars, until the whole sum is paid: Provided, That if any one or more of said chiefs die before the whole or any part of the sum is paid, the annual payments remaining to his share shall be paid to his male children, and, in default of male heirs, then to the legal representatives of such deceased chief or chiefs; and it is understood that the small life-annuities stipulated by former treaties, shall be paid as directed by such treaties.
It is expected that the amount of moneys arising from the sales herein provided for will be greater than the Delawares will need to meet their current wants; and as it is their duty, and their desire also, to create a permanent fund for the benefit of the Delaware people, it is agreed that all the money not necessary for the reasonable wants of the people, shall from time to time be invested by the President of the United States, in safe and profitable stocks, the principal to remain unimpaired, and the interest to be applied annually for the civilization, education, and religious culture of the Delaware people and such other objects of a beneficial character, as in his judgment, are proper and necessary
As the annual receipts from the sales of the lands can not now be determined, it is agreed that the whole subject be referred to the judgment of the President, who may, from time to time, prescribe how much of the net proceeds of said sales shall be paid out to the Delaware people, and the mode and manner of such payment, also how much shall be invested, and in distributing the funds to the people, due regard and encouragement shall be given to that portion of the Delawares who are competent to manage their own affairs, and who know and appreciate the value of money; but Congress may, at any time, and from time to time, by law, make such rules and regulations in relation to the funds arising from the sale of of said lands, and the application thereof for the benefit and improvement of the Delaware people, as may in the wisdom of that body, seem just and proper.
The debts of Indians, contracted in their private dealings as individuals, whether to traders or otherwise, shall not be paid from the general fun.
The Delawares promise to renew their efforts to suppress the introduction and the use of ardent spirits in their country and among their people, and to encourage industry, integrity, and virtue, so that every one may become civilized, [Emphasis added], and, as many are now, competent to manage their business affairs; but should some of them unfortunately continue to refuse to labor, and remain or become dissipated and worthless, it shall be discretionary with the President to give such direction to the portion of funds, from time to time, due to such persons, as will prevent them from squandering the same, and secure the benefit thereof to their families.
At any time hereafter, when the Delawares desire it, and at their request and expense, the President may cause the country reserved for their permanent home to be surveyed in the same manner as the ceded country is surveyed, and may assign such portion to each person or family as shall be designated by the principal men of the tribe: Provided, such assignment shall be uniform.
In the settlement of the country adjacent to the Delaware reservation, roads and highways will become necessary, and it is agreed that all roads and highways laid out by authority of law, shall have a right of way through the reserved lands, on the same terms that the law provides for their location through lands of citizens of the United States; and railroad companies, when the lines of their roads necessarily pass through the said reservation, shall have the right of way, on payment of a just compensation therefor in money
The Christian [Munsee] Indians live in the country herein ceded, and have some improvements. They desire to remain where they are, and the Delawares are willing, provided the Christian Indians can pay them for the land. It is therefore agreed that there shall be confirmed by patent to the said Christian Indians, subject to such restrictions as Congress may provide, a quantity of land equal to four sections, to be selected in a body from the surveyed lands, and to include their present improvements: Provided, The said Christian Indians, or the United States for them, pay to the Secretary of the Interior for the use of the Delaware Indians, within one year from the date of the ratification of this treaty, the sum of two dollars and fifty cents per acre therefor: And provided further, That the provisions of article twelve, in relation to roads, highways, and railroads, shall be applicable to the land thus granted to the Christian Indians
The Delawares acknowledge their dependence on the Government of the United States, and invoke its protection and care. They desire to be protected from depredations and injuries of every kind, and to live at peace with all the Indian tribes; and they promise to abstain from war, and to commit no depredations on either citizens or Indians; and if, unhappily, any difficulty should arise, they will at all times, as far as they are able, comply with the law in such cases made and provided, as they will expect to be protected and their rights vindicated by it, when they are injured.
A primary object of this instrument being to advance the interest and welfare of the Delaware people, it is agreed, that if it prove insufficient to effect these ends, from causes which cannot now be foreseen, Congress may hereafter make such further provision, by law, not inconsistent herewith, as experience may prove to be necessary to promote the interests, peace, and happiness of the Delaware people
It is agreed by the parties that the provisions of the act of Congress, approved third of March, one thousand eight hundred and seven, in relation to lands ceded to the United States, shall, so far as applicable, be extended to the lands herein ceded.
It is further stipulated, that should the Senate of the United States reject the thirteenth article hereof, such rejection shall in no wise affect the validity of the other articles.
This instrument shall be obligatory on the contracting parties as soon as the same shall be ratified by the President, and the Senate, of the United States.
In testimony whereof the said George W. Manypenny, commissioner as aforesaid, and the said delegates of the Delaware tribe of Indians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.
[For the United States] George W. Manypenny, Commissioner.
[Delaware] Sarcoxey, Ne-con-he-cond, Kock-ka-to-wha, Qua-cor-now-ha, or James Segondyne, Ne-sha-pa-na-cumin, or Charles Journeycake. Que-sha-to-wha, or John Ketchem, Pondoxy, or George Bullet, Kock-kock-quas, or James Ketchem. Ah-la-a-chick, or James Conner.
Executed in the presence of: Thos. Johnson. Charles Calvert. Douglas H. Cooper. William B. Waugh. Henry Beard. B. F. Robinson, Indian agent. Henry Tiblow, United States interpreter.
* * *
TREATY BETWEEN THE UNITED STATES AND THE KICKAPOO, 18 MAY 1854, WASHINGTON
(Indian Affairs: Laws and Treaties. Vol. II (Treaties . Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, p. 684)
The Kickapoo tribe of Indians hereby cede, sell, and convey unto the United States all that country southwest of the Missouri River, which was provided as a permanent home, for them in the treaty of Castor Hill, of the twenty-fourth of October, one thousand eight hundred and thirty two, and described in the supplemental article thereto, entered into at Fort Leavenworth, on the 26th of November, one thousand eight hundred and thirty-two, as follows: Beginning on the "Delaware line, where said line crosses the left branch of Salt Creek, thence down said creek to the Missouri River, thence up the Missouri River thirty miles when measured on a straight line, then westwardly to a point twenty miles from the Delaware line, so as to include in the lands assigned to the Kickapoos, at least twelve hundred square miles... [etc.
[This is a partial extract of the one article only that relates to the Delaware. For the remainder of the treaty go to: http://digital.library.okstate.edu/kappler/index.htm ]
* * *
TREATY BETWEEN THE UNITED STATES AND THE WYANDOTT, 31 JANUARY, 1855 WASHINGTON
(Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904, p. 678.)
ARTICLE 2. The Wyandott Nation hereby cede and relinquish to the United States, all their right, title, and interest in and to the tract of country situate in the fork of the Missouri and Kansas Rivers, which was purchased by them of the Delaware Indians, by an agreement dated the fourteenth day of December, one thousand eight hundred and forty-three-, and sanctioned by a joint resolution of Congress approved July twenty-fifth, one thousand eight hundred and forty-eight, the object of which cession is, that the said lands shall be sub-divided, assigned, and reconveyed, by patent, in fee simple, in the manner hereinafter provided for, to the individuals and members of the Wyandott Nation, in severalty...
[This extract of this article is the only part of the treaty that pertains to the Delaware.
Times New Roman 12 point. Photo check A. TH