With the continuing pressures from the white man, it had been determined at Brothertown in 1812 that the Tribe would move once again. John Metoxin and Solomon Hendrick, Stockbridge leaders, wanted the tribes to move to a settlement at White River, Indiana to live with the Miamis. The War of 1812 deterred many of the Brothertown from moving to White River but on January 13, 1817, after the war was over, the Brothertown Tribe authorized five representatives to go to the White River area. They were to secure a tract of land for their use. On May 31, 1817, the five Brothertown representatives and their attorney, agent, and captain made sail for their journey by boat from Oneida Creek at Deansboro, New York to White River, Indiana.

          The boat crew consisted of chiefs and leading men of the Brothertown Tribe, Paul Dick, Jacob Dick, Thomas Isaacs, Charles Isaacs. And Rudolphus Fowler. There were also two Indian women on board, Sarah Dick and Betsy Isaacs, wives of the chiefs. The only white person in the company was Thomas Dean, their attorney, agent and captain, then only 34 years old.

          However, before the Brothertown representatives arrived in White River territory, the United States government and the Delaware Tribe negotiated a treaty by which the Delaware surrendered their land. Thomas Isaacs, Charles Isaacs, and Betsy Isaacs moved west with the Delaware to Indian Territory near Kansas and Oklahoma. Rudolphus Fowler, Paul Dick, Jacob Dick, Sarah Dick, and Thomas Dean (attorney and agent not only of the Brothertown Tribe, but who also acted for the Stockbridge and Oneida tribes) returned by schooner to Buffalo, New York and from there traveled on to Brothertown.

During the 1820s, Eleazar Williams, an Episcopal missionary, visited the Indians of New York State and preached on several occasions. Williams, part Mohawk and a fluent speaker of the Oneida and Mohawk languages, was a gifted orator who held his audiences enthralled in church. So persuasive, so energetic, and so dynamic an individual was he that it wasn’t long before his Services were being attended by great throngs of Indians. Like John Metoxin before him, he saw that the only salvation for the New York Indian tribes was to move to a distant place where they could pursue traditional tribal life. Williams hoped to form a confederacy of Indian towns under one leader. He soon interested some of the New York Indians (including Oneidas, Stockbridges, and Brothertowns) in emigrating to Wisconsin. Williams took his plan to the War Department and with their gave approval went to talk with the western tribes in 1820. His attempt was unsuccessful and the Brothertown Indians then took steps to secure their own land base. In 1824, they approved funds to purchase land at Green Bay, and the following year they appointed a delegation consisting of William Dick, Rhodolphus Fowler, Paul Dick, Benjamin G. Fowler, Thomas Dick, Randall Abner, John Johnson, Daniel Dick, David Toucee, George Scippio, George Sampson, and Samuel Scippio to secure the land. Accompanied by their agent, Thomas Dean, they proceeded to Wisconsin where they negotiated a treaty for the purchase of a tract of land 8 miles by 30 miles (240 square miles total) along the Fox River from the Winnebago and Menominee tribes for $950. The Winnebago and Menominee Indians received the New York Indians enthusiastically at first, calling them “Not-ta-ways”, meaning grandfather. The French population of Green Bay, however, found the entire transaction very disturbing and convinced the Menominee that they had been mislead. They challenged the agreement so profusely that the United States Senate refused to ratify it. The federal government finally mediated the dispute in 1831 and 1832.

          Samuel C. Stambaugh became Indian agent in 1830, and one of his first acts was to negotiate a new treaty more favorable to the Menominee. Without consulting the New York Indians, who would be drastically affected by the new treaty, he drew up an agreement that he and ten Menominees took to Washington. Two representatives of the New York Indians, Eleazar Williams and Daniel Bread, accompanied the Menominee on the journey. The final terms of the treaty limited the New York Indians to 500,000 acres in the Green Bay area, provided the tribes inhabit the land within three years from the treaty’s ratification. Should the New York Indians refuse to move to the territory set aside for them, the President was to forcibly remove them from the Menominee land.

          Instead of accepting these terms, the New York Indians enlisted the support of their senators who forced an amendment eliminating the time restriction and added a proviso that granted the Stockbridge/Munsee and Brothertown Indian Nations land along Lake Winnebago. That treaty was known as the Stambaugh Treaty.

 

 

TREATY WITH THE MENOMINEE, 1831.

 

Feb. 8, 1831. | 7 Stat., 342. | Proclamation, July 9, 1832.

 

Articles of agreement made and concluded at the City of Washington, this eighth day of February, one thousand eight hundred and thirty-one, between John H. Eaton, Secretary of War, and Samuel C. Stambaugh, Indian Agent at Green Bay, specially authorized by the President of the United States, and the undersigned chiefs and head men of the Menomonee nation of Indians, fully authorized and empowered by the said nation, to conclude and settle all matters provided for by

this agreement.

 

THE Menomonee Tribe of Indians, by their delegates in council, this day, define the boundaries of their country as follows, to wit; On the east side of Green Bay, Fox river, and Winnebago lake; beginning at the south end of Winnebago lake; thence southeastwardly to the Milwauky or Manawauky river; thence down said river to its mouth at lake Michigan; thence north, along

the shore of lake Michigan, to the mouth of Green Bay; thence up Green Bay, Fox river, and Winnebago lake, to the place of beginning. And on the west side of Fox river as follows: beginning at the mouth of Fox river, thence down the east shore of Green bay, and across its mouth, so as to include all the islands of the Grand Traverse; thence westerly, on the highlands between the lake

Superior and Green bay, to the upper forks of the Menomonee river; thence to the Plover portage of the Wisconsin river; thence up the Wisconsin river, to the Soft Maple river; thence to the source of the Soft Maple river; thence west to the Plume river, which falls into the Chippeway river; thence down said Plume river to its mouth; thence down the Chippeway river thirty miles; thence

easterly to the forks of the Manoy river, which falls into the Wisconsin river; thence down the said Manoy river to its mouth; thence down the Wisconsin river to the Wisconsin portage; thence across the said portage to the Fox river; thence down Fox river to its mouth at Green bay, or the place of beginning. The country described within the above boundaries, the Menomonees claim as the

exclusive property of their tribe. Not yet having disposed of any of their lands, they receive no annuities from the United States: whereas their brothers the Pootowottomees on the south, and the Winnebagoes on the west, have sold a great portion of their country, receive large annuities, and are now encroaching upon the lands of the Menomonees. For the purposes, therefore, of establishing the boundaries of their country, and of ceding certain portions of their lands

to the United States, in order to secure great and lasting benefits to themselves and posterity, as well as for the purpose of settling the long existing dispute between themselves and the several tribes of the New York Indians, who claim to have purchased a portion of their lands, the undersigned, chiefs and headmen of the Menomonee tribe, stipulate and agree with the United

States, as follows:

First. The Menomonee tribe of Indians declare themselves the friends and allies of the United States, under whose parental care and protection they desire to continue; and although always protesting that they are under no obligation to recognize any claim of the New York Indians to any portion of their country; that they neither sold nor received any value, for the land claimed by these tribes; yet, at the solicitation of their Great Father, the President of the United States, and as an evidence of their love and veneration for him, they agree that such part of the land described, being within the following boundaries, as he may direct, may be set apart as a home to the several tribes of the New York Indians, who may remove to, and settle upon the same, within three years from the date of this agreement, viz: beginning on the west side of Fox river, near the Little Kackalin, at a point known as the Old Mill Dam; thence northwest forty miles; thence northeast to the Oconto creek, falling into Green bay; thence down said Oconto creek to Green bay; thence up and along Green Bay and Fox river to the place of beginning; excluding therefrom all private land claims confirmed, and also the following reservation for military purposes; beginning on the Fox river, at the mouth of the first creek above Fort Howard; thence north sixty-four degrees west to Duck creek; thence down said Duck creek to its mouth; thence up and along Green bay and Fox river to the place of beginning. The Menomonee Indians, also reserve, for the use of the United States, from the country herein designated for the New York Indians, timber and firewood for the United States garrison, and as much land as may be deemed necessary for public highways, to be located by the direction, and at the discretion of the President of the United States. The country hereby ceded to the United States, for the benefit of the New York Indians, contains by estimation about five hundred thousand acres, and includes all their improvements on the west side of Fox river. As it is intended for a home for the several tribes of the New York Indians, who may be residing upon the lands at the expiration of three years from this date, and for none others, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to assign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at the time of such apportionment, any lands shall remain unoccupied by any tribe of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting, to be laid off by the President of the United States. It is distinctly understood, that the lands hereby ceded to the United States for the New York Indians, are to be held by those tribes, under such tenure as the Menomonee Indians now hold their lands, subject to such regulations and alteration of tenure, as Congress and the President of the United States shall, from time to time, think proper to adopt.

 

Second. For the above cession to the United States, for the benefit of the New York Indians, the United States consent to pay the Menomonee Indians, twenty thousand dollars; five thousand to be paid on the first day of August next, and five thousand annually thereafter; which sums shall be applied to the use of the Menomonees, after such manner as the President of the United States may direct.

 

Third. The Menomonee tribe of Indians, in consideration of the kindness and protection of the Government of the United States, and for the purpose of securing to themselves and posterity, a comfortable home, hereby cede and forever relinquish to the United States, all their country on the southeast side of Winnebago lake, Fox river, and Green bay, which they describe in the

following boundaries, to wit: beginning at the south end of Winnebago lake, and running in a southeast direction to Milwauky or Manawauky river; thence down said river to its mouth; thence north, along the shore of lake Michigan, to the entrance of Green bay; thence up and along Green bay, Fox river, and Winnebago lake, to the place of beginning; excluding all private land claims which the United States have heretofore confirmed and sanctioned. It is also agreed that all the islands which lie in Fox river and Green bay, are likewise ceded; the whole comprising by estimation, two million five hundred thousand acres.

 

Fourth. The following described tract of land, at present owned and occupied by the Menomonee Indians, shall be set apart, and designated for their future homes, upon which their improvements as an agricultural people are to be made: beginning on the West side of Fox river, at the Old Mill Dam near the Little Kackalin, and running up and along said river, to the Winnebago lake; thence

along said lake to the mouth of Fox river; thence up Fox river to the Wolf river; thence up Wolf river to a point southwest of the west corner of the tract herein designated for the New York Indians; thence northeast to said west corner; thence southeast to the place of beginning. The above reservation being made to the Menomonee Indians for the purpose of weaning them from their

wandering habits, by attaching them to comfortablee homes, the President of the United States, as a mark of affection for his children of the Menomonee tribe, will cause to be employed five farmers of established character for capacity, industry, and moral habits, for ten successive years, whose duty it shall be to assist the Menomonee Indians in the cultivation of their farms, and to instruct

their children in the business and occupation of farming. Also, five females shall be employed, of like good character, for the purpose of teaching young Menomonee women, in the business of useful housewifery, during a period of ten years. The annual compensation allowed to the farmers, shall not exceed five hundred dollars, and that of the females three hundred dollars. And the United

States will cause to be erected, houses suited to their condition, on said lands, as soon as the Indians agree to occupy them, for which ten thousand dollars shall be appropriated; also, houses for the farmers, for which three thousand dollars shall be appropriated; to be expended under the direction of the Secretary of War. Whenever the Menomonees thus settle their lands, they shall be supplied with useful household articles, horses, cows, hogs, and sheep, farming utensils, and other articles of husbandry necessary to their comfort, to the value of six thousand dollars; and they desire that some suitable device may be stamped upon such articles, to preserve them from sale or barter, to evil disposed white persons: none of which, nor any other articles with which the United States may at any time furnish them, shall be liable to sale, or be disposed of or bargained, without permission of the agent. The whole to be under the immediate care of the farmers employed to remain among said Indians, but subject to the general control of the United States' Indian Agent at Green Bay acting under the Secretary of War. The United States will erect a grist and saw

mill on Fox river, for the benefit of the Menomonee Indians, and employ a good miller, subject to the direction of the agent, whose business it shall be to grind the grain, required for the use of the Menomonee Indians, and saw the lumber necessary for building on their lands, as also to instruct such young men of the Menomonee nation, as desire to, and conveniently can be instructed in the

trade of a miller. The expenses of erecting such mills, and a house for the miller to reside in, shall not exceed six thousand dollars, and the annual compensation of the miller shall be six hundred dollars, to continue for ten years. And if the mills so erected by the United States, can saw more lumber or grind more grain, than is required for the proper use of said Menomonee Indians,

the proceeds of such milling shall be applied to the payment of other expenses occurring in the Green bay agency, under the direction of the Secretary of War. In addition to the above provision made for the Menomonee Indians, the President of the United States will cause articles of clothing to be distributed among their tribe at Green bay, within six months from the date of this agreement, to the amount of eight thousand dollars; and flour and wholesome provisions, to the amount of one thousand dollars, one thousand dollars to be paid in specie. The cost of the transportation of the clothing and provisions, to be included in the sum expended. There shall also be allowed annually thereafter, for the space of twelve successive years, to the Menomonee tribe, in such manner and form as the President of the United States shall deem most beneficial and advantageous to the Indians, the sum of six thousand dollars. As a matter of great importance to the Menomonees, there shall be one or more gun and blacksmith's shops erected, to be supplied with a necessary quantity of iron and steel, which, with a shop at Green bay, shall be kept up for the use of the tribe, and continued at the discretion of the President of the United States. There shall also be a house for an interpreter to reside in, erected at Green bay, the expenses not to exceed five hundred dollars.

                                                                          

 Fifth. In the treaty of Butte des Morts, concluded in August 1827, an article is contained, appropriating one thousand five hundred dollars annually, for the support of schools in the Menomonee country. And the representatives of the Menomonee nation, who are parties hereto, require, and it is agreed to, that said appropriation shall be increased five hundred dollars, and continued for ten years from this date, to be placed in the hands of the Secretary at War, in trust for the exclusive use and benefit of the Menomonee tribe of Indians, and to be applied by him to the education of the children of the Menomonee Indians, in such manner as he may deem most advisable.

 

Sixth. The Menomonee tribe of Indians shall be at liberty to hunt and fish on the lands they have now ceded to the United States, on the east side of Fox river and Green bay, with the same privileges they at present enjoy, until it be surveyed and offered for sale by the President; they conducting themselves peaceably and orderly. The chiefs and Warriors of the Menomonee nation, acting under the authority and on behalf of their tribe, solemnly pledge themselves to preserve peace and harmony between their people and the Government of the United States forever. They neither acknowledge the power nor protection of any other State or people. A departure from this pledge by any portion of their tribe, shall be a forfeiture of the protection of the United States' Government, and their annuities will cease. In thus declaring their friendship for the United

States, however, the Menomonee tribe of Indians, having the most implicit confidence in their great father, the President of the United States, desire that he will, as a kind and faithful guardian of their welfare, direct the provisions of this compact to be carried into immediate effect. The Menomonee

chiefs request that such part of it as relates to the New York Indians, be immediately submitted to the representatives of their tribes. And if they refuse to accept the provision made for their benefit, and to remove upon the lands set apart for them, on the west side of Fox river, that he will direct their immediate removal from the Menomonee country; but if they agree to accept of the liberal offer made to them by the parties to this compact, then the Menomonee tribe as dutiful children of their great father the President, will take them by the hand as brothers, and settle down with them in peace and friendship. The boundary, as stated and defined in this agreement, of the Menomonee country, with the exception of the cessions herein before made to the United States, the Menomonees claim as their country; that part of it adjoining the farming country, on the west side of Fox river, will remain to them as heretofore, for a hunting ground, until the President of the United States, shall deem it expedient to extinguish their title. In that case, the Menomonee tribe promise to surrender it immediately, upon being notified of the desire of Government to possess it. The additional annuity then to be paid to the Menomonee tribe, to be fixed by the President of the United States. It is conceded to the United States that they may enjoy the right of making such roads, and of establishing such military posts, in any part of the country now occupied by the Menomonee nation, as the President at any time may think proper.

 

As a further earnest of the good feeling on the part of their great father, it is agreed that the expenses of the Menomonee delegation to the city of Washington, and of returning, will be paid, and that a comfortable suit of clothes will be provided for each; also, that the United States will cause four thousand dollars to be expended in procuring fowling guns, and ammunition for them; and likewise, in lieu of any garrison rations, hereafter allowed or received by them, there shall be procured and given to said tribe one thousand dollars worth of good and wholesome provisions annually, for four years, by which time it is hoped their hunting habits may cease, and their attention be turned to the pursuits of agriculture.

 

In testimony whereof, the respective parties to this agreement have severally signed the same, this 8th February, 1831.

John H. Eaton, [L. S.]

S. C. Stambaugh, [L. S.]

Kaush-kau-no-naive, grizzly bear, his x mark, [L. S.]

A-ya-mah-taw, fish spawn, his x mark, [L. S.]

Ko-ma-ni-kin, big wave, his x mark, [L. S.]

Ko-ma-ni-kee-no-shah, little wave, his x mark, [L. S.]

O-ho-pa-shah, little whoop, his x mark, [L. S.]

Ah-ke-ne-pa-weh, earth standing, his x mark, [L. S.]

Shaw-wan-noh, the south, his x mark, [L. S.]

Mash-ke-wet, his x mark, [L. S.]

Pah-she-nah-sheu, his x mark, [L. S.]

Chi-mi-na-na-quet, great cloud, his x mark. [L. S.]

A-na-quet-to-a-peh, setting in a cloud, his x mark, [L. S.]

Sha-ka-cho-ka-mo, great chief, his x mark, [L. S.]

Signed, sealed, and delivered in presence ofâ"

R. A. Forsyth,

C. A. Grignon,

   Interpreters,

A. G. Ellis,

Richard Pricket, United States Interpreter, his x mark,

William Wilkins, of Pennsylvania,

Samuel Swartwout, of N. York,

John T. Mason, Michigan,

Rh. M. Johnson, Kentucky.

  

 


TREATY WITH THE MENOMINEE, 1832.

WHEREAS articles of agreement between the United States of America, and the Menominee Indians, were made and concluded at the city of Washington, on the eighth day of February A. D. one thousand eight hundred and thirty-one, by John H. Eaton, and Samuel C. Stambaugh, Commissioners on the part of the United States, and certain Chiefs and Headmen of the Menominee Nation, on the part of said nation; to which articles, an addition or supplemental article was afterwards made, on the seventeenth day of February in the same year, by which the said Menominee Nation agree to cede to the United States certain parts of their land; and that a tract of country therein defined shall be set apart for the New York Indians. All which with the many other stipulations therein contained will more fully appear, by reference
[*378]
to the same. Which said agreements thus forming a Treaty, were laid before the Senate of the United States during their then session: but were not at said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty, made as aforesaid; by which it was stipulated that the said articles of agreement, concluded as aforesaid, should be laid before the next Senate of the United States, at their ensuing session; and if sanctioned and confirmed by them, that each and every article thereof should be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the previous session. And whereas the Senate of the United States, by their resolution of the twenty-fifth day of June, one thousand eight hundred and thirty-two, did advise and consent to accept, ratify and confirm the same, and every clause and article thereof upon the conditions expressed in the proviso, contained in their said resolution: which proviso is as follows: “Provided that for the purpose of establishing the rights of the New York Indians, on a permanent and just footing, the said treaty shall be ratified, with the express understanding that two townships of land on the east side of Winnebago Lake, equal to forty-six thousand and eighty acres shall be laid off (to commence at some point to be agreed on) for the use of the Stockbridge and Munsee tribes; and that the improvements made on the lands now in the possession of the said tribes on the east side of the Fox river, which said lands are to be relinquished shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: Provided, however, that the valuation of such improvements shall not exceed the sum of twenty-five thousand dollars. And that there shall be one township of land adjoining the foregoing, equal to twenty-three thousand and forty acres laid off and granted for the use of the Brothertown Indians, who are to be paid by the Government the sum of one thousand six hundred dollars for the improvements on lands now in their possession, on the east side of Fox river, and which lands are to be relinquished by said Indians: also that a new line shall be run, parallel to the southwestern boundary line or course of the tract of five hundred thousand acres, described in the first article of this treaty, and set apart for the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute, on Fox river, and at a sufficient distance from the said boundary line as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river; and which two hundred thousand acres shall be a part of the five hundred thousand acres, intended to be set apart for the Six Nations of the New York Indians and the St. Regis tribe; and that an equal quantity to that which is added to the southwestern side shall be taken off from the northeastern side of the said tract described in that article, on the Oconto creek, to be determined by a commissioner to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations, and St. Regis tribe of Indians, shall not exceed the quantity originally stipulated by the treaty.” And whereas, before the treaty aforesaid, conditionally ratified, according to the proviso to the resolution of the Senate, above recited, could be obligatory upon the said Menominee nation, their assent to the same must be had and obtained.
And whereas the honorable Lewis Cass, Secretary of the Department of War, by his letter of instructions of the eleventh day of September, A. D. 1832, did authorize and request George B. Porter, Governor of the Territory of Michigan, to proceed to Green Bay, and endeavor to
[*379]
procure the assent of the Menominees to the change proposed by the Senate, as above set forth; urging the necessity of directing his first efforts to an attempt to procure the unconditional assent of the Menominees to the said treaty, as ratified by the Senate. But should he fail in this object that he would then endeavor to procure their assent to the best practicable terms, short of those proposed by the Senate; giving them to understand that he merely received such proposition as they might make, with a view to transmit it for the consideration of the President and Senate of the United States. And if this course became necessary that it would be very desirable that the New York Indians should also signify their acceptance of the modifications required by the Menominees.
And whereas, in pursuance of the said instructions the said George B. Porter proceeded to Green Bay and having assembled all the chiefs and headmen of the Menominee nation, in council, submitted to them, on the twenty-second day of October A. D. one thousand eight hundred and thirty-two, the said proviso annexed to the resolution aforesaid of the Senate of the United States, for the ratification of the said treaty: and advised and urged on them the propriety of giving their assent to the same. And the said chiefs and headmen having taken time to deliberate and reflect on the proposition so submitted to them, and which they had been urged to assent to, did in the most positive and decided manner, refuse to give their assent to the same. (The many reasons assigned for this determination, by them, being reported in the journal of the said commissioner, which will be transmitted with this agreement.)
And whereas after failing in the object last stated, the said George B. Porter endeavored to procure the assent of the said chiefs and headmen of the Menominee nation to the best practicable terms short of those proposed by the Senate of the United States; and after much labor and pains, entreaty and persuasion, the said Menominees consented to the following, as the modifications which they would make; and which are reduced to writing, in the form of an agreement, as the best practicable terms which could be obtained from them, short of those proposed by the Senate of the United States, which they had previously positively refused to accede to. And as the modifications so made and desired, have been acceded to by the New York Indians, with a request that the treaty thus modified might be ratified and approved by the President and the Senate of the United States, it is the anxious desire of the Menominees also, that the treaty, with these alterations may be ratified and approved without delay, that they may receive the benefits and advantage secured to them by the several stipulations of the said treaty, of which they have so long been deprived.
The following is the article of agreement made between the said George B. Porter, commissioner on the part of the United States, specially appointed as aforesaid, and the said Menominee nation, through their chiefs and headmen on the part of their nation.
FIRST. The said chiefs and headmen of the Menominee nation of Indians do not object to any of the matters contained in the proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the granting of three townships of land on the east side of Winnebago Lake, to the Stockbridge, Munsee and Brothertown tribes; to the valuation and payment for their improvements, &c. (ending with the words “and which lands are to be relinquished by said Indians.”) They therefore assent to the same.
SECOND. The said chiefs and headmen of the Menominee nation of Indians, objecting to all the matters contained in the said proviso annexed to the resolution of the Senate of the United States, so far as the same relate to the running of a new line parallel to the southwestern boundary line or course of the tract of five hundred thousand acres, described in the first article of the treaty, and set apart for the
[*380]
New York Indians, to commence at a point on the southwestern side of Fox river, and one mile above the Grand Shute, on Fox river, and at a sufficient distance from the said boundary line, as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land, on and along the west side of the Fox river, without including any of the confirmed private land claims, on the Fox river, to compose a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and St. Regis tribe, agree in lieu of this proposition, to set off a like quantity of two hundred thousand acres as follows: The said Menominee nation hereby agree to cede for the benefit of the New York Indians along the southwestern boundary line of the present five hundred thousand acres described in the first article of the treaty as set apart for the New York Indians, a tract of land; bounded as follows. Beginning on the said treaty line, at the old mill dam on Fox river, and thence extending up along Fox river to the little Rapid Croche; from thence running a northwest course three miles; thence on a line running parallel with the several courses of Fox river, and three miles distant from the river, until it will intersect a line, running on a northwest course, commencing at a point one mile above the Grand Shute; thence on a line running northwest, so far as will be necessary to include, between the said last line and the line described as the southwestern boundary line of the five hundred thousand acres in the treaty aforesaid, the quantity of two hundred thousand acres; and thence running northeast until it will intersect the line, forming the southwestern boundary line aforesaid; and from thence along the said line to the old mill dam, or place of beginning, containing two hundred thousand acres. Excepting and reserving therefrom the privilege of Charles A. Grignon, for erecting a mill on Apple creek, &c., as approved by the Department of War on the twenty-second day of April one thousand eight hundred and thirty-one and all confirmed private land claims on the Fox river. The lines of the said tract of land so granted to be run, marked and laid off without delay, by a commissioner to be appointed by the President of the United States. And that in exchange for the above, a quantity of land equal to that which is added to the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto creek, to be run, marked and determined by the commissioner to be appointed by the President of the United States, as aforesaid, so that the whole number of acres to be granted to the Six Nations and St. Regis tribe of Indians, shall not exceed the quantity of five hundred thousand acres.
THIRD. The said chiefs and headmen of the Menominee nation agree, that in case the said original treaty, made as aforesaid, and the supplemental articles thereto, be ratified and confirmed at the ensuing session of the Senate of the United States, with the modifications contained in this agreement, that each and every article thereof shall be as binding and obligatory upon the parties respectively, as if they had been sanctioned at the times originally agreed upon.
In consideration of the above voluntary sacrifices of their interest, made by the said Menominee nation, and as evidence of the good feeling of their great father, the President of the United States, the said George B. Porter commissioner as aforesaid, has delivered to the said chiefs, headmen, and the people of the said Menominee nation here assembled, presents in clothing to the amount of one thousand dollars: five hundred bushels of corn, ten barrels of pork, and ten barrels of flour, &c. &c.
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In witness whereof, we have hereunto set our hands and seals, at the Agency House, at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty-two.
G. B. Porter, Commissioner of the United States, [L. S.]
Kausk-kan-no-naive, grizzly bear, his x mark, [L. S.]
Osh-rosh, the brave, (by his brother fully empowered to act,) [L. S.]
Osh-ke-e-na-neur, the young man, his x mark, [L. S.]
A-ya-mah-ta, fish spawn, his x mark, [L. S.]
Pe-wait-enaw, rain, his x mark, [L. S.]
Che-na-po-mee, one that is looked at, his x mark, [L. S.]
Ko-ma-ni-kin, big wave, his x mark, [L. S.]
Ke-shee-a-quo-teur, the flying cloud, his x mark, [L. S.]
Wain-e-saut, one who arranges the circle, (by his son, Wa-kee-che-on-a-peur,) his x mark, [L. S.]
Ke-shoh, the sun, (by his son, A-pa-ma-chao, shifting cloud,) his x mark, [L. S.]
Ma-concee-wa-be-no-chee, bear’s child, his x mark, [L. S.]
Wa-bose, the rabbit, his x mark, [L. S.]
Shaw-e-no-ge-shick, south sky, his x mark, [L. S.]
Ac-camut, the prophet, his x mark, [L. S.]
Mas-ka-ma-gee, his x mark, [L. S.]
Sho-ne-on, silver, his x mark, [L. S.]
Maw-baw-so, pale color, his x mark, [L. S.]
Paw-a ko-neur, big soldier, (by his representative, Che-kaw-mah-kee-shen,) his x mark, [L. S.]
Sealed and delivered, in the presence of
George Boyd, United States Indian agent,
Charles A. Grignon, interpreter,
Samuel Abbott,
Joshua Boyer, secretary,
James M. Boyd,
Richard Pricket, his x mark, interpreter,
Henry S. Baird,
R. A. Forsyth, paymaster U. S. Army,
B. B. Kercheval,
Ebenezer Childs.
APPENDIX.
Oct. 27, 1832. | 7 Stat., 409.
To all to whom these presents shall come, the undersigned, Chiefs and Headmen of the sundry tribes of New York Indians, (as set forth in the specifications annexed to their signatures,) send greeting:
WHEREAS a tedious, perplexing and harassing dispute and controversy have long existed between the Menominee nation of Indians and the New York Indians, more particularly known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and St. Regis tribe. The treaty made between the said Menominee nation, and the United States, and the conditional ratification thereof by the Senate of the United States, being stated and set forth in the within agreement, entered into between the chiefs and headmen of the said Menominees, and George B. Porter, Governor of Michigan, commissioner specially appointed, with instructions referred to in the said agreement. And whereas the undersigned are satisfied, and believe that the best efforts of the said commissioner were directed and used to procure, if practicable, the unconditional assent of the said Menominees to the change proposed by the Senate of the United States in the ratification of the said treaty: but without success. And whereas the undersigned further believe that the terms stated in the within agreement are the best practicable terms, short of those proposed by the Senate of the United States, which could be obtained from the said Menominees; and being asked to signify our acceptance of the modifications proposed as aforesaid by the Menominees, we are compelled, by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied, that the treaty should be ratified on the terms proposed by the Menominees. We further believe that the tract of land which the Menominees in the within agreement, are willing to cede, in exchange for an equal quantity on the northeast side of the tract of five hundred thousand acres,
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contains a sufficient quantity of good land, favorably and advantageously situated, to answer all the wants of the New York Indians, and St. Regis tribe. For the purpose, then, of putting an end to strife, and that we may all sit down in peace and harmony, we thus signify our acceptance of the modifications proposed by the Menominees: and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menominees, may be ratified and approved by the President and Senate of the United States.
In witness whereof, we have hereunto set our hands and seals, at the Agency House at Green Bay, this twenty-seventh day of October, in the year of our Lord one thousand eighteen hundred and thirty-two.
G. B. Porter, commissioner on behalf of the United States, [L. S.]
For, and on behalf of, the Stockbridges and Munsees:
John Metoxen, [L. S.]
John W. Quinny, [L. S.]
Austin Quinny, [L. S.]
Jacob Chicks, [L. S.]
Robert Konkopa, his x mark, [L. S.]
Thos. J. Hendrick, [L. S.]
Benjamin Palmer, his x mark, [L. S.]
Sampson Medyard, [L. S.]
Capt. Porter, his x mark, [L. S.]
For, and on behalf of, the Brothertowns:
William Dick, [L. S.]
Daniel Dick, [L. S.]
Elcanah Dick, his x mark, [L. S.]
For, and on behalf of, the Six Nations and St. Regis tribe:
Daniel Bread, [L. S.]
John Anthony Brant, his x mark, [L. S.]
Henry Powles, his x mark, [L. S.]
Nathaniel Neddy, his x mark, [L. S.]
Cornelius Stevens, his x mark, [L. S.]
Thomas Neddy, his x mark, [L. S.]
Sealed, and delivered, in the presence of
George Boyd, United States Indian agent,
R. A. Forsyth, paymaster U. S. Army,
Charles A. Grignon, interpreter,
Samuel Abbott,
Joshua Boyer, secretary,
B. B. Kercheval,
Eben. Childs,
Henry S. Baird,
Peter B. Grignon,
Hanson Johnson,
James M. Boyd,
Richard Pricket, his x mark, interpreter.