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Treaty with the Chippewa
September
30, 1854.
10 Stat.
1109 |
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Articles
of a treaty made and concluded at La Pointe, in the State of
Wisconsin, between Henry C. Gilbert and David B. Herriman,
commissioners on the part of the United States, and the
Chippewa Indians of Lake Superior and the Mississippi, by
their chiefs and head-men. 1,2
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1
The
Chippewas of Lake Superior hereby cede to the United States
all the lands heretofore owned by them in common with the
Chippewas of the Mississippi, lying east of the following
boundary-line, to wit: Beginning at a point, where the east
branch of Snake River crosses the southern boundary-line of
the Chippewa country, running thence up the said branch to
its source, thence nearly north, in a straight line, to the
mouth of East Savannah River, thence up the St. Louis River
to the mouth of East Swan River, thence up the East Swan
River to its source, thence in a straight line to the most
westerly bend of Vermillion River, and thence down the
Vermillion River to its mouth. 3
The
chippewas of the Mississippi hereby assent and agree to the
foregoing cession, and consent that the whole amount of the
consideration money for the country ceded above, shall be
paid to the Chippewas of Lake Superior, and in consideration
thereof the Chippewas of Lake Superior hereby relinquish to
the Chippewas of the Mississippi, all their interest in and
claim to the lands heretofore owned by them in common, lying
west of the above boundary-line.4
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2
The
United States agree to set apart and withhold from sale, for
the use of the Chippewas of Lake superior, the following
described tracts of land, viz: 5
1st.
For the L'Anse and Vieux De Sert bands, all the unsold lands
in the following townships in the State of Michigan:
Township fifty-one north range thirty-three west; township
fifty-one north range thirty-two west; the east half of
township fifty north range thirty-three west; the west half
of township fifty north range thirty-two west, and all of
township fifty-one north range thirty-one west, lying west
of Huron Bay.
2d.
For the La Pointe band, and such other Indians as may see
fit to settle with them, a tract of land bounded as follows:
Beginning on the south shore of Lake Superior, a few miles
west of Montreal River, at the mouth of a creek called by
the Indians Ke-che-se-be-we-she, running thence south to a
line drawn east and west through the centre of township
forty-seven north, thence west to the west line of said
township, thence south to the southeast corner of township
forty-six north, range thirty-two west, thence west the
width of two townships, thence north the width of two
townships, thence west one mile, thence north to the lake
shore, and thence along the lake shore, crossing Shag-
waw-me-quon Point, to the place of beginning. Also two
hundred acres on the northern extremity of Madeline Island,
for a fishing ground.
3d.
For the other Wisconsin bands, a tract of land lying about
Lac De Flambeau, and another tract on Lac Court Orielles,
each equal in extent to three townships, the boundaries of
which shall be hereafter agreed upon or fixed under the
direction of the President.
4th.
For the Fond Du Lac bands, a tract of land bounded as
follows: Beginning at an island in the St. Louis River,
above Knife Portage, called by the Indians Paw-paw-sco-me-me-tig,
running thence west to the boundary-line heretofore
described, thence north along said boundary-line to the
mouth of Savannah River, thence down the St. Louis River to
the place of beginning. And if said tract shall contain less
than one hundred thousand acres, a strip of land shall be
added on the south side thereof, large enough to equal such
deficiency.
5th.
For the Grand Portage band, a tract of land bounded as
follows: Beginning at a rock a little east of the eastern
extremity of Grand Portage Bay, running thence along the
lake shore to the mouth of a small stream called by the
Indians Maw-ske-gwaw-caw-maw-se-be, or Cranberry Marsh
River, thence up said stream, across the point to Pigeon
River, thence down Pigeon River to a point opposite the
starting-point, and thence across to the place of beginning.
6th.
The Ontonagon band and that subdivision of the La Pointe
band of which Buffalo is chief, may each select, on or near
the lake shore, four sections of land, under the direction
of the President, the boundaries of which shall be defined
hereafter. And being desirous to provide for some of his
connections who have rendered his people important services,
it is agreed that the chief Buffalo may select one section
of land, at such place in the ceded territory as he may see
fit, which shall be reserved for that purpose, and conveyed
by the United States to such person or persons as he may
direct.
7th.
Each head of a family, or single person over twenty-one
years of age at the present time of the mixed bloods,
belonging to the Chippewas of Lake Superior, shall be
entitled to eighty acres of land, to be selected by them
under the direction of the President, and which shall be
secured to them by patent in the usual form.
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3
The
United States will define the boundaries of the reserved
tracts, whenever it may be necessary, by actual survey, and
the President may, from time to time, at his discretion,
cause the whole to be surveyed, and may assign to each head
of a family or single person over twenty-one years of age,
eighty acres of land for his or their separate use; and he
may, at his discretion, as fast as the occupants become
capable of transacting their own affairs, issue patents
therefor to such occupants, with such restrictions of the
power of alienation as he may see fit to impose. And he may
also, at his discretion, make rules and regulations,
respecting the disposition of the lands in case of the death
of the head of a family, or single person occupying the
same, or in case of its abandonment by them. And he may also
assign other lands in exchange for mineral lands, if any
such are found in the tracts herein set apart. And he may
also make such changes in the boundaries of such reserved
tracts or otherwise, as shall be necessary to prevent
interference with any vested rights. All necessary roads,
highways, and railroads, the lines of which may run through
any of the reserved tracts, shall have the right of way
through the same, compensation being made therefor as in
other cases. 6
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4
In
consideration of and payment for the country hereby ceded,
the United States agree to pay to the Chippewas of Lake
Superior, annually, for the term of twenty years, the
following sums, to wit: five thousand dollars in coin; eight
thousand dollars in goods, household furniture and cooking
utensils; three thousand dollars in agricultural implements
and cattle, carpenter's and other tools and building
materials, and three thousand dollars for moral and
educational purposes, of which last sum, three hundred
dollars per annum shall be paid to the Grand Portage band,
to enable them to maintain a school at their village. The
United States will also pay the further sum of ninety
thousand dollars, as the chiefs in open council may direct,
to enable them to meet their present just engagements. Also
the further sum of six thousand dollars, in agricultural
implements, household furniture, and cooking utensils, to be
distributed at the next annuity payment, among the mixed
bloods of said nation. The United States will also furnish
two hundred guns, one hundred rifles, five hundred
beaver-traps, three hundred dollars' worth of ammunition,7
and one thousand dollars' worth of ready-made clothing, to
be distributed among the young men of the nation, at the
next annuity payment.
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5
The
United States will also furnish a blacksmith and assistant,
with the usual amount of stock, during the continuance of
the annuity payments, and as much longer as the President
may think proper, at each of the points herein set apart for
the residence of the Indians, the same to be in lieu of all
the employees to which the Chippewas of Lake Superior may be
entitled under previous existing treaties.8
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6
The
annuities of the Indians shall not be taken to pay the debts
of individuals, but satisfaction for depredations committed
by them shall be made by them in such manner as the
President may direct. 9
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7
No
spirituous liquors shall be made, sold, or used on any of
the lands herein set apart for the residence of the Indians,
and the sale of the same shall be prohibited in the
Territory hereby ceded, until otherwise ordered by the
President.10
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8
It
is agreed, between the Chippewas of Lake Superior and the
Chippewas of the Mississippi, that the former shall be
entitled to two-thirds, and the latter to one-third, of all
benefits to be derived from former treaties existing prior
to the year 1847.11
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9
The
United States agree that an examination shall be made, and
all sums that may be found equitably due to the Indians, for
arrearages of annuity or other thing, under the provisions
of former treaties, shall be paid as the chiefs may direct. 12
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ARTICLE
10 All
missionaries, and teachers, and other persons of full age,
residing in the territory hereby ceded, or upon any of the
reservations hereby made by authority of law, shall be
allowed to enter the land occupied by them at the minimum
price whenever the surveys shall be completed to the amount
of one quarter-section each. 13
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11
All
annuity payments to the Chippewas of Lake Superior, shall
hereafter be made at L'Anse, La Pointe, Grand Portage, and
on the St. Louis River; and the Indians shall not be
required to remove from the homes hereby set apart for them.
And such of them as reside in the territory hereby ceded,
shall have the right to hunt and fish therein, until
otherwise ordered by the President. 14
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12
In
consideration of the poverty of the Bois Forte Indians who
are parties to this treaty, they having never received any
annuity payments, and of the great extent of that part of
the ceded country owned exclusively by them, the following
additional stipulations are made for their benefit. The
United States will pay the sum of ten thousand dollars, as
their chiefs in open council may direct, to enable them to
meet their present just engagements. Also the further sum of
ten thousand dollars, in five equal annual payments, in
blankets, cloth, nets, guns, ammunition, and such other
articles of necessity as they may require. 15
They
shall have the right to select their reservation at any time
hereafter, under the direction of the President; and the
same may be equal in extent, in proportion to their numbers,
to those allowed the other bands, and be subject to the same
provisions.
They
shall be allowed a blacksmith, and the usual smithshop
supplies, and also two persons to instruct them in farming,
whenever in the opinion of the President it shall be proper,
and for such length of time as he shall direct.
It
is understood that all Indians who are parties to this
treaty, except the Chippewas of the Mississippi, shall
hereafter be known as the Chippewas of Lake Superior.
Provided, That the stipulation by which the Chippewas of
Lake Superior relinquishing their right to land west of the
boundary-line shall not apply to the Bois Forte band who are
parties to this treaty.
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13
This
treaty shall be obligatory on the contracting parties, as
soon as the same shall be ratified by the President and
Senate of the United States.
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testimony whereof, the said Henry C. Gilbert, and the said
David B. Herriman, commissioners as aforesaid, and the
undersigned chiefs and headmen of the Chippewas of Lake
Superior and the Mississippi, have hereunto set their hands
and seals, at the place aforesaid, this thirtieth day of
September, one thousand eight hundred and fifty-four.
Signatures
Commissioners:
Henry
C. Gilbert,
David
B. Herriman,
Secretary:
Richard
M. Smith
La
Pointe Band:
Ke-che-waish-ke,
or the Buffalo, 1st chief, his x mark. (L.S.)
Chay-che-que-oh,
2d chief, his x mark. (L.S.)
A-daw-we-ge-zhick,
or Each Side of the sky, 2d chief, his x mark. (L.S.)
O-ske-naw-way,
or the Youth, 2d chief, his x mark. (L.S.)
Maw-caw-day-pe-nay-se,
or the Black Bird, 2d chief, his x mark. (L.S.)
Naw-waw-naw-quot,
headman, his x mark. (L.S.)
Ke-wain-zeence,
headman, his x mark. (L.S.)
Waw-baw-ne-me-ke,
or the White Thunder, 2d chief, his x mark. (L.S.)
Pay-baw-me-say,
or the Soarer, 2d chief, his x mark. (L.S.)
Naw-waw-ge-waw-nose,
or the Little Current, 2d chief, his x mark. (L.S.)
Maw-caw-day-waw-quot,
or the Black Cloud, 2d chief, his x mark. (L.S.)
Me-she-naw-way,
or the Disciple, 2d chief, his x mark. (L.S.)
Key-me-waw-naw-um,
headman, his x mark. (L.S.)
She-gog
headman, his x mark. (L.S.)
Ontonagon
Band:
O-cun-de-cun,
or the Buoy 1st chief, his x mark. (L.S.)
Waw-say-ge-zhick,
or the Clear Sky, 2d chief, his x mark. (L.S.)
Keesh-ke-taw-wug,
headman, his x mark. (L.S.)
L'Anse
Band:
David
King, 1st chief, his x mark. (L.S.)
John
Southwind, headman, his x mark. (L.S.)
Peter
Marksman, headman, his x mark. (L.S.)
Naw-taw-me-ge-zhick,
or the First Sky, 2d chief, his x mark. (L.S.)
Aw-se-neece,
headman, his x mark. (L.S.)
Vieux
De Sert Band:
May-dway-aw-she,
1st chief, his x mark. (L.S.)
Posh-quay-gin,
or the Leather, 2d chief, his x mark. (L.S.)
Grand
Portage Band:
Shaw-gaw-naw-sheence,
or the Little Englishman, 1st chief, his x mark. (L.S.)
May-mosh-caw-wosh,
headman, his x mark. (L.S.)
Aw-de-konse,
or the Little Reindeer, 2d chief, his x mark. (L.S.)
Way-we-ge-wam,
headman, his x mark. (L.S.)
Fond
Du Lac Band:
Shing-goope,
or the Balsom, 1st chief, his x mark. (L.S.)
Mawn-go-sit,
or the Loon's Foot, 2d chief, his x mark. (L.S.)
May-quaw-me-we-ge-zhick,
headman, his x mark. (L.S.)
Keesh-kawk,
headman, his x mark. (L.S.)
Caw-taw-waw-be-day,
headman, his x mark. (L.S.)
O-saw-gee,
headman, his x mark. (L.S.)
Ke-che-aw-ke-wain-ze,
headman, his x mark. (L.S.)
Naw-gaw-nub,
or the Foremost Sitter, 2d chief, his x mark. (L.S.)
Ain-ne-maw-sung,
2d chief, his x mark. (L.S.)
Naw-aw-bun-way,
headman, his x mark. (L.S.)
Wain-ge-maw-tub,
headman, his x mark. (L.S.)
Aw-ke-wain-zeence,
headman, his x mark. (L.S.)
Shay-way-be-nay-se,
headman, his x mark. (L.S.)
Paw-pe-oh,
headman, his x mark. (L.S.)
Lac
Court Oreille Band:
Aw-ke-wain-ze,
or the Old Man, 1st chief, his x mark. (L.S.)
Key-no-zhance,
or the Little Jack Fish, 1st chief, his x mark. (L.S.)
Key-che-pe-nay-se,
or the Big Bird, 2d chief, his x mark. (L.S.)
Ke-che-waw-be-shay-she,
or the Big Martin, 2d chief, his x mark. (L.S.)
Waw-be-shay-sheence,
headman, his x mark. (L.S.)
Quay-quay-cub,
headman, his x mark. (L.S.)
Shaw-waw-no-me-tay,
headman, his x mark. (L.S.)
Nay-naw-ong-gay-be,
or the Dressing Bird, 1st chief, his x mark. (L.S.)
O-zhaw-waw-sco-ge-zhick,
or the Blue Sky, 2d chief, his x mark. (L.S.)
I-yaw-banse,
or the Little Buck, 2d chief, his x mark. (L.S.)
Ke-che-e-nin-ne,
headman, his x mark. (L.S.)
Haw-daw-gaw-me,
headman, his x mark. (L.S.)
Way-me-te-go-she,
headman, his x mark. (L.S.)
Pay-me-ge-wung,
headman, his x mark. (L.S.)
Lac
Du Flambeau Band:
Aw-mo-se,
or the Wasp, 1st chief, his x mark. (L.S.)
Ke-nish-te-no,
2d chief, his x mark. (L.S.)
Me-gee-see,
or the Eagle, 2d chief, his x mark. (L.S.)
Kay-kay-co-gwaw-nay-aw-she,
headman, his x mark. (L.S.)
O-che-chog,
headman, his x mark. (L.S.)
Nay-she-kay-gwaw-nay-be,
headman, his x mark. (L.S.)
O-scaw-bay-wis,
or the Waiter, 1st chief, his x mark. (L.S.)
Que-we-zance,
or the White Fish, 2d chief, his x mark. (L.S.)
Ne-gig,
or the Otter, 2d chief, his x mark. (L.S.)
Nay-waw-che-ge-ghick-may-be,
headman, his x mark. (L.S.)
Quay-quay-ke-cah,
headman, his x mark. (L.S.)
Bois
Forte Band:
Kay-baish-caw-daw-way,
or Clear Round the Prairie, 1st chief, his x mark. (L.S.)
Way-zaw-we-ge-zhick-way-sking,
headman, his x mark. (L.S.)
O-saw-we-pe-nay-she,
headman, his x mark. (L.S.)
The
Mississippi Bands:
Que-we-san-se,
or Hole in the Day, head chief, his x mark. (L.S.)
Caw-nawn-daw-waw-win-zo,
or the Berry Hunter, 1st chief, his x mark. (L.S.)
Waw-bow-jieg,
or the White Fisher, 2d chief, his x mark. (L.S.)
Ot-taw-waw,
2d chief, his x mark. (L.S.)
Que-we-zhan-cis,
or the Bad Boy, 2d chief, his x mark. (L.S.)
Bye-a-jick,
or the Lone Man, 2d chief, his x mark. (L.S.)
I-yaw-shaw-way-ge-zhick,
or the Crossing Sky, 2d chief, his x mark. (L.S.)
Maw-caw-day,
or the Bear's Heart, 2d chief, his x mark. (L.S.)
Ke-way-de-no-go-nay-be,
or the Northern Feather, 2d chief, his x mark. (L.S.)
Me-squaw-dace,
headman, his x mark. (L.S.)
Naw-gaw-ne-gaw-bo,
headman, his x mark. (L.S.)
Wawm-be-de-yea,
headman, his x mark. (L.S.)
Waish-key,
headman, his x mark. (L.S.)
Caw-way-caw-me-ge-skung,
headman, his x mark. (L.S.)
My-yaw-ge-way-we-dunk,
or the One who carries the Voice, 2d chief, his x mark.
(L.S.)
Interpreters:
John
F. Godfroy, Interpreters.
Geo.
Johnston, Interpreters.
S.
A. Marvin, Interpreters.
Louis
Codot, Interpreters.
Paul
H. Beaulieu, Interpreters.
Henry
Blatchford, Interpreters.
Peter
Floy, Interpreters.
Executed
in the presence of - -
Henry
M. Rice,
J.
W. Lynde,
G.
D. Willaims,
B.
H. Connor,
E.
W. Muldough,
Richard
Godfroy,
D.
S. Cash,
H.
H. McCullough,
E.
Smith Lee,
Wm.
E. Vantassel,
L.
H. Wheeler. |
Always Under Construction!
-
Copyright @ 1999. Vernellia R. Randall
- All Rights Reserved.
| 1.
Ratified Jan. 10, 1855.
2.
Proclaimed Jan. 29, 1855.
3.
Cession to the United States by the Chippewa of Lake
Superior.
4.
Relinquishment to Chippewa of Mississippi by Chippewa of
Lake Superior.
5.
Reservation for Chippewa of Lake Superior.
6.
Survey and patents of reservation.
7.
Payments for said cession.
8.
Blacksmiths and assistants.
9.
Annuities not to be withheld for debt, but may be for
depredations.
10.
Spirituous liquors.
11.
Division between Chippewa of Mississippi and of Lake
Superior of benefits of former treaties.
12.
Arrearages.
13.
Preemption.
14.
Annuities, how paid.
15.
Stipulations for Bois Forte Indians.
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