Compiled and edited
by Charles J. Kappler. Washington :
Government Printing Office, 1904.
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 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 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, 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 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 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 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.
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, 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.