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was ratified. You will have the goodness to cause the same to be attached to the Treaty, and published with it.
I have the honor to be, very respectfully, your obedient servant,
SAM'L. L. SOUTHARD.
COUNCIL ROOM, WILLIAMSON', HOTEL,
To the SECRETARY OF WAR,
SIR: The undersigned, Chiefs of the Cherokee Nation, West of the Mississippi, for and in behalf of said Nation, hereby agree to, and accept of, the terms upon which the Senate of the United States ratified the Convention, concluded at Washington on the sixth-day of May, 1828, between the United States and said Nation.
In testimony whereof, they hereunto subscribe their names and affix their seals.
Signed and sealed in the presence of Thomas Murray. James Rogers, Interpreter. E. W. Duval, U. S. Agent, &c.
To the Indian names are subjoined a mark and seal.
[NOTE. This treaty was ratified with the following proviso, expressed in the resolution of the Senate: "Provided, nevertheless, that the said Convention shall not be so construed as to extend the Northern Boundary of the Perpetual Outlet West,' provided for and guaranteed in the second article of said Convention, North of the thirty sixth degree of North latitude, or so as to interfere with the lands assigned, or to be assigned, West of the Mississippi River, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Alabama, under the provisions of any Treaty or Treaties heretofore concluded between the United States and the Creek tribe of Indians; and provided further, That nothing in the said Convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any Treaty now existing and in force, with any such tribe or tribes."]
ARTICLES OF AGREEMENT
With the Winnebago Tribe and the United Tribes of Potawata- Aug. 25, 1828. mie, Chippewa and Ottawa Indians.
THE Government of the United States having appointed Commissioners to treat with the Sac, Fox, Winebago, Potawatamie, Ottawa, and Chippewa, tribes of Indians, for the purpose of extinguishing their title to land within the State of Illinois, and the Territory of Michigan, situated between the Illinois river and the Lead Mines on Fever River, and in the vicinity of said Lead Mines, and for other purposes; and it having been found impracticable, in consequence of the lateness of the period when the instructions were issued, the extent of the country occupied by the Indians, and their dispersed situation, to convene them in sufficient numbers to justify a cession of land on their part; and the Chiefs of the Winnebago tribe, and of the united tribes of the Potawatamies, Chippewas, and Ottawas, assembled at Green Bay, having de
Proclamation, Jan. 7, 1829. Preamble.
Provisional boundary be tween lands of
U. S. and those of the Indians.
clined at this time to make the desired cession, the following temporary arrangement, subject to the ratification of the President and Senate of the United States, has this day been made, between Lewis Cass and Pierre Menard, Commissioners of the United States, and the said Winnebago tribe, and the United tribes of Potawatamie, Chippewa, and Ottawa, Indians, in order to remove the difficulties which have arisen in consequence of the occupation, by white persons, of that part of the mining country which has not been heretofore ceded to the United States.
ARTICLE 1. It is agreed that the following shall be the provisional boundary between the lands of the United States and those of the said Indians: The Ouisconsin river, from its mouth to its nearest approach to the Blue Mounds; thence southerly, passing east of the said mounds, to the head of that branch of the Pocatolaka creek which runs near the Spotted Arm's village; thence with the said branch to the main forks of Pocatolaka creek; thence southeasterly, to the ridge dividing the Winebago country from that of the Potawatamie, Chippewa, and Ottawa tribes; thence southerly, with the said ridge, to the line running from Chicago to the Mississippi, near Rock Island. And it is fully understood, that the United States may freely occupy the country between these boundaries and the Mississippi river, until a treaty shall be held with the Indians for its cession; which treaty, it is presumed, will be held in the year 1829. But it is expressly understood and agreed, that if any white persons shall cross the line herein described, and pass into the Indian country, for the purpose of mining, or for any other purpose whatever, the Indians shall not interfere with nor molest such persons, but that the proper measures for their removal shall be referred to the President of the United States. In the mean time, however, it is agreed, that any just compensation to which the Indians may be entitled for any injuries committed by white persons on the Indian side of the said line, shall be paid to the said Indians at the time such treaty may be held-It is also agreed by the Indians that a ferry may be established established over over the Rock River, where the Fort Clark road crosses the same; and, also, a ferry over the same river at the crossing of the Lewiston road.
Ferries to be
Payment to Indians for tres
passes on their mines, &c.
ARTICLE 2. The United States agree to pay to the Winebago, Potawatamie, Chippewa, and Ottawa Indians, the sum of twenty thousand dollars, in goods, at the time and place when and where the said treaty may be held which said sum shall be equitably divided between the said tribes, and shall be in full compensation for all the injuries and damages sustained by them, in consequence of the occupation of any part of the mining country by white persons, from the commencement of such occupation until the said treaty shall be held. Excepting, however, such compensation as the Indians may be entitled to, for any injuries hereafter committed on their side of the line hereby established. In testimony whereof, the said Commissioners and the Chiefs of the said tribes have hereunto set their hands, at Green Bay, in the Territory of Michigan, this 25th day of August, in the year of our Lord one thousand eight hundred and twenty-eight.
Nan-kaw, or Wood,
Hoan-kaw, or Chief,
Hoo-waun-ee-kaw, or Little Elk,
PIERRE MENARD. Haump-ee-man-ne-kaw, or He who Walks by Day,
Hoo-tshoap-kaw, or Four Legs,
Morah-tshay-kaw, or Little Priest,
Kau-ree-kau-saw-kaw, or White Crow,
Wau-kaun-haw-kaw, or Snake Skin,
Shoank-tshunsk-kaw, or Black Wolf,
Man-kay-ray-kau, or Spotted Earth,
Shoank-skaw-kaw, or White Dog,
Nee-hoo-kaw, or Whirlpoole,
Saw-waugh-kee-wau, or He that leaves
Sin-a-gee-wen, or Ripple,
Nun-que-wee-bee, or Thunder sitting,
Way-meek-see-goo, or Wampum,
Pay-mau-bee-mee, or Him that looks over.
WITNESSES PRESENT:-W. B. Lee, Secretary. H. J. B. Brevoort, U. S. Indian Agent. R. A. Forsyth. Jno. H. Kinzie. John Marsh. E. A. Brush. G. W. Silliman. C. Chouteau. Peter Menard, Jun., Indian Sub-Agent. Henry Gratiot. Pierre Paquet, Winnebago Interpreter. J. Ogee, Potawatimie Interpreter.
To the Indian names are subjoined a mark and seal.
ARTICLES OF A TREATY
Made and concluded at the Missionary Establishments upon the St. Joseph, of Lake Michigan, in the Territory of Michigan, this 20th day of September, in the year of our Lord one thousand eight hundred and twenty-eight, between Lewis Cass and Pierre Menard, Commissioners, on the part of the United States, and the Potowatami tribe of Indians.
ARTICLE 1st. The Potowatami tribe of Indians cede to the United States the tract of land included within the following boundaries.
1st. Beginning at the mouth of the St. Joseph, of Lake Michigan, and thence running up the said river to a point on the same river, half way between La-vache-qui-pisse and Macousin village: thence in a direct line, to the 19th mile tree, on the northern boundary line of the State Indiana; thence, with the same, west, to Lake Michigan; and thence, with the shore of the said Lake, to the place of beginning.
2. Beginning at a point on the line run in 1817, due east from the southern extreme of Lake Michigan, which point is due south from the head of the most easterly branch of the Kankekee river, and from that point running south ten miles; thence, in a direct line, to the northeast corner of Flatbelly's reservation; thence, to the northwest corner of the reservation at Seek's village; thence, with the lines of the said reservation, and of former cessions, to the line between the States of Indiana and Ohio; thence, with the same to the former described line, running due east from the southern extreme of Lake Michigan; and thence, with the said line, to the place of beginning.
ART. 2. In consideration of the cessions aforesaid, there shall be paid to the said tribe an additional permanent annuity of two thousand dollars; and also an additional annuity of one thousand dollars, for the term of twenty years; goods, to the value of thirty thousand dollars, shall be given to the said tribe, either immediately after signing this
Sept. 20, 1828.
Jan. 7, 1829.
Pottawatimies cede part of
treaty, or as soon thereafter as they can be procured; an additional sum of ten thousand dollars, in goods, and another of five thousand dollars, in specie, shall be paid to them in the year 1829.
The sum of seven thousand five hundred dollars shall be expended for the said tribe, under the direction of the President of the United States, in clearing and fencing land, erecting houses, purchasing domestic animals and farming utensils, and in the support of labourers to work for them.
Two thousand pounds of tobacco, fifteen hundred weight of iron, and three hundred and fifty pounds of steel, shall be annually delivered to them.
One thousand dollars per annum shall be applied for the purposes of education, as long as Congress may think the appropriation may be useful.
One hundred dollars, in goods, shall be annually paid to To-pen-i-bethe, principal chief of the said tribe, during his natural life. The blacksmith, stipulated by the treaty of Chicago to be provided for the term of fifteen years, shall be permanently supported by the United States.
Three labourers shall be provided, during four months of the year, for ten years, to work for the band living upon the reservation South of the St. Joseph.
ART. 3. There shall be granted to the following persons, all of whom are Indians by descent, the tracts of land hereafter mentioned, which shall be located upon the second cession above described, where the President of the United States may direct, after the country may be surveyed, and to correspond with the surveys, provided that no location shall be made upon the Elkheart Prairie, nor within five miles of the same; nor shall the tracts there granted be conveyed by the grantees, without the consent of the President of the United States.
To Sah-ne-mo-quay, wife of Jean B. Dutrist, one-half section of land. To Way-pe-nah-te-mo-quay, wife of Thomas Robb, one half section of land.
To Me-no-ka-mick-quay, wife of Edward McCarty, one half section of land.
To Ship-pe-shick-quay, wife of James Wyman, one half section of land.
To Assapo, wife of Antoine Gamlin, one half section of land.
To Kes-he-wa-quay, wife of Pierre F. Navarre, one section of land.
To Pe-pe-ne-way, a chief, one section of land.
To Pierre Le Clair, one section of land.
[To Joseph Barron, a white man who has long lived with the Indians, and to whom they are much attached, two sections of land; but the rejection of this grant is not to affect any other parts of the treaty.]*
To Betsey Ducharme, one half section of land. The section of land granted by the treaty of Chicago to Nancy Burnett, now Nancy Davis,
* This paragraph was excepted, and not ratified.
shall be purchased by the United States, if the same can be done for the sum of one thousand dollars.
Payment of claims against
To Madeleine Bertrand, wife of Joseph Bertrand, one section of land. ART. 4. The sum of ten thousand eight hundred and ninety-five dollars shall be applied to the payments of certain claims against the Indians, agreeably to a schedule of the said claims hereunto annexed.(a) ART. 5. Circumstances rendering it probable that the missionary establishment now located upon the St. Joseph, may be compelled to tablishments. remove west of the Mississippi, it is agreed that when they remove, value of their buildings and other improvements shall be estimated, and the amount paid by the United States. But, as the location is upon the Indian reservation, the Commissioners are unwilling to assume the responsibility, of making this provision absolute, and therefore its rejection is not to affect any other part of the treaty.
ART. 6. This treaty shall be obligatory, after the same has been Treaty binding ratified by the President and Senate of the United States. when ratified
In testimony whereof, the Commissioners, and the Chiefs and Warriors of the said tribe, have hereunto set their hands, at the place, and upon the day aforesaid.
Signed in the presence of Alex. Wolcott, Indian Agent. John Tipton, Indian Agent. Charles Noble, Secretary to the Commissioners. A. Edwards, President of the Legislative Council. R. A. Forsyth. D. G. Jones. Walter Wilson, Mag. Gen.
Calvin Britain. E. Reed.
To the Indian names are subjoined marks.
(a) For this Schedule, see post, Appendix II.,