US Treaties & Acts with Ojibwe Indians

[mdenney]

US Treaties & Acts with Ojibwe Indians
The Indian Citizenship Act of 1924
Feb 22, 2005




The Indian Citizenship Act (1924)

(This Act of the U.S. Congress granted citizenship to all Native Americans in the United States. The Act passed partially because of the many Indian people who had served during World War I. There was no provision in the act, however, that required Indian people to relinquish tribal membership or identity.)

{Cite as 43 U.S. Stats. At Large, Ch. 233, p. 253 (1924)}
CHAP. 233.--An Act To authorize the Secretary of the Interior to issue certificates of citizenship to Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property.

Approved, June 2, 1924. June 2, 1924. [H. R. 6355.] [Public, No. 175.]

SIXTY-EIGHTH CONGRESS. Sess. I. CHS. 233. 1924.

See House Report No. 222, Certificates of Citizenship to Indians, 68th Congress, 1st Session, Feb. 22, 1924.

Note: This statute has been codified in the United States Code at Title 8, Sec. 1401(a)(2).

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[mdenney]

US Treaties & Acts with Ojibwe Indians
The Dawes Act of February 8, 1887
Feb 22, 2005




The Dawes Act
February 8, 1887
(U. S. Statutes at Large, Vol. XXIV, p. 388 ff.)

(The General Allotment Act (1887): By this measure (ch. 119, 24 Stat. 388, now codified as amended at 25 U.S.C. 331 et seq.; also known as the "Dawes Act" or "Dawes Severalty Act"), the U.S. intervened unilaterally in the internal affairs of native nations to break up their traditional systems of collective land tenure. In order to retain any land at all, native people - legally defined for the first time on the basis of a racist "blood quantum" code employed for identification purposes by the federal government - were compelled to accept individually deeded land parcels. "Full Blood Indians" were deeded with "trust patents," over which the government exercised complete control for a minimum of twenty-five years; "Mixed Blood Indians" were deeded with "patents in fee simple," over which they exercised rights, but were forced to accept U.S. citizenship in the process. Once each "federally recognized Indian" had received his or her allotment of land, the balance of reserved Indian land was opened up to non-Indian homesteading, corporate utilization, or incorporation into national parks and forests. Between 1887 and 1934, approximately two-thirds (100 million acres) of all Indian-reserved land was appropriated by the government through the mechanism.)

[Congressman Henry Dawes, author of the act, once expressed his faith in the civilizing power of private property with the claim that to be civilized was to "wear civilized clothes...cultivate the ground, live in houses, ride in Studebaker wagons, send children to school, drink whiskey [and] own property."]

An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes.

Be it enacted, That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allot the lands in said reservations in severalty to any Indian located thereon in quantities as follows:

To each head of a family, one-quarter of a section;

To each single person over eighteen years of age, one-eighth of a section;

To each orphan child under eighteen years of age, one-eighth of a section; and,

To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section; . . .

...

SEC. 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall . . . declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, . . . and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of such trust and free of all charge or encumbrance whatsoever: . . .

SEC. 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; . . .And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. . . .


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[mdenney]

US Treaties & Acts with Ojibwe Indians
US Treaty of 1854
Feb 22, 2005

Treaty with the Chippewa
September 30, 1854.
10 Stat. 1109


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

ARTICLE 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


ARTICLE 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.


ARTICLE 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


ARTICLE 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.


ARTICLE 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


ARTICLE 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


ARTICLE 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


ARTICLE 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


ARTICLE 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


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

ARTICLE 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


ARTICLE 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.


ARTICLE 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.


In 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
Secretary
Interpreters
Executed in the presence of La Pointe Band
Ontonagon Band
L'Anse Band
Vieux De Sert Band
Grand Portage Band
Fond Du Lac Band
Lac Court Oreille Band
Lac Du Flambeau Band
Bois Forte Band
The Mississippi Bands


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.

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[mdenney]

US Treaties & Acts with Ojibwe Indians
US Treaty of 1842 with Ojibwe People
Feb 22, 2005


Treaty with the Chippewa, etc.
October 4, 1842
Articles of a treaty made and concluded at La Pointe of Lake Superior, in the Territory of Wisconsin, between Robert Stuart commissioner on the part of the United States, and the Chippewa Indians of the Mississippi, and Lake Superior, by their chiefs and headmen.

ARTICLE 1. The Chippewa Indians of the Mississippi and Lake Superior, cede to the United States all the country within the following boundaries- viz: beginning at the mouth of Chocolate river of Lake Superior, thence northwardly across said lake to intersect the boundary line between the United States and the Province of Canada; thence up said Lake Superior, to the mouth of the St. Louis, or Fond du Lac river (including all the islands in said lake); thence up said river to the American Fur Company's trading post, at the southwardly bend thereof, about 22 miles from its mouth; thence sough to intersect the line of the treaty of 29th July 1837, with the Chippewas of the Mississippi; thence along said line to its southeastwardly extremity, near the Plover portage on the Wisconsin river; thence northeastwardly, along the boundary line, between the Chippewas and Menomonees, to its eastern termination, (established by the treaty held with the Chippewas, Menomonees, and Winnebagos, at Bune des Morts, August 11th 1827) on the Skonawby river of Green Bay; thence northwardly to the source of Chocolate river- thence down said river to its mouth, the place of beginning; it being the intention of the parties to this treaty, to include in this cession, all the Chippewa lands eastwardly of the aforesaid line running from the American Fur Company's trading post on the Fond du Lac river to the intersection of the line of the treaty made with the Chippewas of the Mississippi July 29th

ARTICLE II. The Indians stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to remove by the President of the United States, and that the laws of the United States shall be continued in force, in respect to their trade and intercourse with the whites, until otherwise ordered by Congress.

ARTICLE III. It is agreed by the parties to this treaty, that whenever the Indians shall be required to remove from the ceded district, all the unceded lands belonging to the Indians of Fond du Lac, Sandy Lake, and Mississippi bands, shall be the common property and home of all the Indians, party to this treaty.

ARTICLE IV. In consideration of the foregoing cession, the United States, engage to pay to the Chippewa Indians of the Mississippi, and Lake Superior, annually, for twentyfive years, twelve thousand five hundred (12,500) dollars, in specie, ten thousand five hundred (10,500) dollars in goods, two thousand (2,000) dollars in provisions and tobacco, two thousand (2,000) dollars for the support of two blacksmith shops, (including pay of smiths and assistants, and iron steel &c.) one thousand (1,000) dollars for pay of two farmers, twelve hundred (1,200) for pay of two carpenters and two thousand (2,000) dollars for the support of schools for the Indians party to this treaty; and further the United States engage to pay the sum of five thousand (5,000) dollars as an agricultural fund, to be expended under the direction of the Secretary of War. And also the sum of seventy-five thousand (75,000) dollars, shall be allowed for the full satisfaction of their debts within the ceded district, which shall be examined by the commissioner to this treaty, and the amount to be allowed decided upon by him, which shall appear in a schedule hereunto annexed. The United States shall pay the amount so allowed within three years.

Whereas the Indians have expressed a strong desire to have some provision made for their half breed relatives, therefore it is agreed, that fifteen thousand (15,000) dollars shall be paid to said Indians, next year, as a present, to be disposed of, as they, together with their agent, shall determine in council.

ARTICLE V. Whereas the whole country between Lake Superior and the Mississippi, has always been understood as belonging in common to the Chippewas, party to this treaty; and whereas the bands bordering on Lake Superior, have not been allowed to participate in the annuity payments of the treaty made with the Chippewas of the Mississippi, at St. Peters July 29th 1837, and whereas all the unceded lands belonging to the aforesaid Indians, are hereafter to be held in common, therefore, to remove all occasion for jealousy and discontent, it is agreed that all the annuity due by the said treaty, as also the annuity due by the present treaty, shall henceforth be equally divided among the Chippewas of the Mississippi and Lake Superior; party to this treaty, so that every person shall receive an equal share.

ARTICLE VI. The Indians residing on the Mineral district, shall be subject to removal therefrom at the pleasure of the President of the United States.

ARTICLE VII. This treaty shall be obligatory upon the contracting parties when ratified by the President and Senate of the United States.

In testimony whereof the said Robert Stuart commissioner, on the part of the United States, and the chiefs and headmen of the Chippewa Indians of the Mississippi and Lake Superior, have hereunto set their hands, at La Pointe of Lake Superior, Wisconsin Territory this fourth day of October in the year of our Lord one thousand eight hundred and fortytwo.

Robert Stuart, Commissioner

Jno. Hulbert, Secretary

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[mdenney]

US Treaties & Acts with Ojibwe Indians
US Treaty of 1837 with Ojibwe People
Feb 22, 2005


Treaty with the Chippewa

July 29, 1837

Articles of a treaty made and concluded at St. Peters (the confluence of the St. Peters and Mississippi rivers) in the Territory of Wisconsin, between the United States of Arnerica, by their commissioner, Henry Dodge, Governor of said Territory, and the Chippewa nation of Indians, by their chiefs and headmen.

ARTICLE 1. The said Chippewa nation cede to the United States all the tract of country included within the following boundaries:

Beginning at the junction of the Crow Wing and Mississippi rivers, between twenty and thirty miles above where the Mississippi is crossed by the forty-sixth parallel of north latitude, and running thence to the north point of Lake St. Croix, one of the sources of the St. Croix river; thence to and along the dividing ridge between the waters of Lake Superior and those of the Mississippi, to the sources of the Ocha-suasepe a tributary of the Chippewa river; thence to a point on the Chippewa river, twenty miles below the outlet of Lake De Flambeau; thence to the junction of the Wisconsin and Pelican rivers; thence on an east course twenty-five miles- thence southerly, on a course parallel with that of the Wisconsin river, to the line dividing the territories of the Chippewas and Menominies; thence to the Plover Portage; thence along the southern boundary of the Chippewa country, to the commencement of the boundary line dividing it from that of the Sioux, half a days march below the falls on the Chippewa river; thence with said boundary line to the mouth of Wah-tap river; at its junction with the Mississippi, and thence up the Mississippi to the place of beginning.

ARTICLE 2. In consideration of the cession aforesaid the United States agrees to make to the Chippewa nation, annually, for the term of twenty years, from the date of the ratification of this treaty, the following payments.

1. Nine thousand five hundred dollars, to be paid in money.

2. Nineteen thousand dollars, to be delivered in goods.

3. Three thousand dollars for establishing three blacksmith shops, supporting the blacksmiths, and furnishing them with iron and steel.

4. One thousand dollars for farmers, and for supplying them and the Indians, with implements of labor, with grain or seed; and whatever else may be necessary to enable them to carry on their agricultural pursuits.

5. Two thousand dollars in provisions.

6. Five hundred dollars in tobacco.

The provisions and tobacco to be delivered at the same time with the goods, and the money to be paid; which time or times, as well as the place or places where they are to be delivered, shall be fixed upon under the direction of the President of the United States.

The blacksmiths shops to be placed at such points in the Chippewa country as shall be designated by the Superintendent of Indian Affairs, or under his direction.

If at the expiration of one or more years the Indians should prefer to receive goods, instead of the nine thousand dollars agreed to be paid to them in money, they shall be at liberty to do so. Or, should they conclude to appropriate a portion of that annuity to the establishment and support of a school or schools among them, this shall be granted them.

ARTICLE 3. The sum of one hundred thousand dollars shall be paid by the United States, to the half-breeds of the Chippewa nation, under the direction of the President. It is the wish of the Indians that their two sub-agents Daniel P. Bushnell, and Miles M. Vineyard, superintend the distribution of this money among their half-breed relations.

ARTICLE 4. The sum of seventy thousand dollars shall be applied to the payment, by the United States, of certain claims against the Indians of which amount twenty-eight thousand dollars shall, at their request, be paid to William A. Aitkin, twenty-five thousand to Lyman M. Warren, and the balance applied to the liquidation of other just demands against themÑwhich they acknowledge to be the case with regard to that presented by Hercules L. Dousman, for the sum of five thousand dollars, and they request that it be paid.

ARTICLE 5. The privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guaranteed to the Indians, during the pleasure of the President of the United States.

ARTICLE 6. This treaty shall be obligatory from and after its ratification by the President and Senate of the United States.

Done at St. Peters in the Territory of Wisconsin the twenty-ninth day of July eighteen hundred and thirty-seven. Henry Dodge, Commissioner

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[mdenney]

US Treaties & Acts with Ojibwe Indians
US Treat of 1836 with Ojibwe People
Feb 22, 2005

The US Supreme Court has ruled that the critical consideration in examining the treaties made with Native American tribes is not how a modern interpreter and native speaker of English would read a 19th Century document but rather that treaties must be interpreted "as the Indians would have understood them." Justice William O. Douglas wrote a concurring opinion and this position was supported by Worchester V. Georgia.

Treaty with the Ottawa, etc.,

March 28, 1836
Articles of a treaty made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates.

Article First. [Designation of boundary lines ceded to the United States.]

Article Second. From the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts for the term of five years from the date of the ratification of this treaty, and no longer; unless the United States shall grant them permission to remain on said lands for a longer period, namely: One tract of fifty thousand acres to be located on Little Traverse bay: one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay: one tract of seventy thousand acres to be located on, or north of the Pieire Marquetta river, one tract of one thousand acres to be located by Chingassanoo, or the Big Sail, on the Cheboigan. One tract of one thousand acres, to be located by Mujeekewis, on Thunder-bay river.

Article Third. There shall also be reserved for the use of the Chippewas living north of the straits of Michilimackinac, the following tracts for the term of five years from the date of the ratification of this treaty, and no longer, unless the United States shall grant them permission to remain on said lands for a longer period, that is to say: Two tracts of three miles square each, on the north shores of the said straits, between Point-auBarbe and Mille Coquin river, including the fishing grounds in front of such reservations, to be located by a council of the chiefs. The Beaver islands of Lake Michigan for the use of the Beaver-island Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of the Indian department. The islands of the Chenos, with a part of the adjacent north coast of Lake Huron, corresponding in length, and one mile in depth. Sugar island, with its islets, in the river of St. Mary's. Six hundred and forty acres, at the mission of the Little Rapids. A tract commencing at the mouth of the Pississowining river, south of Point Iroquois, thence running up said streams to its forks, thence westward, in a direct line to the Red water lakes, thence across the portage to the Tacquimenon river, and down the same to its mouth, including the small islands and fishing grounds, in front of this reservation. Six hundred and forty acres, on Grand island, and two thousand acres, on the main land south of it. Two sections on the northern extremity of Green bay, to be located by a council of the chiefs. All the locations, left indefinite by this, and the preceding articles, shall be made by the proper chiefs, under the direction of the President. It is understood that the reservation for a place of fishing and encampment, made under the treaty of St. Mary's of the 16th of June 1820, remains unaffected by this treaty.

Article Fourth. In consideration of the foregoing cessions, the United States engage to pay to the Ottawa and Chippewa nations, the following sums, namely. 1st. An annuity of thirty thousand dollars per annum, in specie, for twenty years; eighteen thousand dollars, to be paid to the Indians between Grand River and the Cheboigun, three thousand six hundred dollars, to the Indians on the Huron shore, between the Cheboigan and Thunder-bay river; and seven thousand four hundred dollars, to the Chippewa's north of the straits, as far as the cession extends; the remaining one thousand dollars, to be invested in stock by the Treasury Department and to remain incapable of being sold, without the consent of the President and Senate, which may, however, be given, after the expiration of twenty-one years. 2nd. Five thousand dollars per annum, for the purpose of education, teachers, school-houses, and books in their own language, to be continued twenty years, and as long thereafter as Congress may appropriate for the object. 3rd. Three thousand dollars for missions, subject to the conditions mentioned in the second clause of this article. 4th. Ten thousand dollars for agricultural implements, cattle, mechanics' tools, and such other objects as the President may deem proper. 5th. Three hundred dollars per annum for vaccine matter, medicines, and the services of physicians, to be continued while the Indians remain on their reservations. 6th. Provisions to the amount of two thousand dollars; six thousand five hundred pounds of tobacco- one hundred barrels of salt, and five hundred fish barrels, annually, for twenty years. 7th. One hundred and fifty thousand dollars, in goods and provisions, on the ratification of this treaty, to be delivered at Michilimackinac, and also the sum of two hundred thousand dollars, in consideration of changing the permanent reservations in article two and three to reservations for five years only, to be paid whenever their reservations shall be surrendered, and until that time the interest on said two hundred thousand dollars shall be annually paid to the Indians.

Article Fifth. The sum of three hundred thousand dollars shall be paid to said Indians to enable them, with the aid and assistance of their agent, to adjust and pay such debts as they may justly owe, and the overplus, if any, to apply to such other use as they may think proper.

Article Sixth. The said Indians being desirous of making provision for their half-breed relatives, and the President having determined, that individual reservations shall not be granted, it is agreed, that in lieu thereof, the sum of one hundred and fifty thousand dollars shall be set apart as a fund for said half-breeds. No person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person, who may have received any allowance at any previous Indian treaty. The following principles, shall regulate the distribution. A census shall be taken of all the men, women, and children, coming within this article, As the Indians hold in higher consideration, some of their half-breeds than others and as there is much difference in their capacity to use and take care of property, and consequently, in their power to aid their Indian connexions, which furnishes a strong ground for this claim, it is, therefore, agreed, that at the council to be held upon this subject, the commissioner shall call upon the Indian chiefs to designate, if they require it, three classes of these claimants, the first of which, shall receive one-half more than the second, and the second, double the third. Each man, woman, and child shall be enumerated, and an equal share, in the respective classes, shall be allowed to each. If the father is living with the family, he shall receive the shares of himself, wife and children. If the father is dead, or separated from the family, and the mother is living with the family, she shall have her own share, and that of the children. If the father and mother are neither living with the family, or if the children are orphans, their share shall be retained till they are twenty-one years of age; provided, that such portions of it as may be necessary may, under the direction of the President, be from time to time supplied for their support. All other persons at the age of twenty-one years, shall receive their shares agreeably to the proper class. Out of the said fund of one hundred and fifty thousand dollars, the sum of five thousand dollars shall be reserved to be applied, under the direction of the President, to the support of such of the poor half-breeds, as may require assistance, to be expended in annual instalments for the term of ten years, commencing with the second year. Such of the half-breeds, as may be judged incapable of making a proper use of the money, allowed them by the commissioner, shall receive the same instalments, as the President may direct.

Article Seventh. In consideration of the cessions above made, and as a further earnest of the disposition felt to do full justice to the Indians, and to further their well being, the United States engage to keep two additional blacksmithshops, one of which shall be located on the reservation north of Grand river, and the other at the SauZt Ste. Marie. A permanent interpreter will be provided at each of these locations. It is stipulated to renew the present dilapidated shop at Michilimackinac, and to maintain a gunsmith, in addition to the present smith 's establishment, and to build a dormitory for the Indians visiting the post, and appoint a person to keep it, and supply it with firewood. It is also agreed, to support two farmers and assistants, and two mechanics, as the President may designate, to teach and aid the Indians, in agriculture, and in the mechanic arts. The farmers and mechanics, and the dormitory, will be continued for ten years, and as long thereafter, as the President may deem this arrangement useful and necessary; but the benefits of the other stipulations of this article, shall be continued beyond the expiration of the annuities, and it is understood that the whole of this article shall stand in force, and inure to the benefit of the Indians, as long after the expiration of the twenty years as Congress may appropriate for the obJects.

Article Eighth. It is agreed, that as soon as the said Indians desire it, a deputation shall be sent to the southwest of the Missouri River, there to select a suitable place for the final settlement of said Indians, which country, so selected and of reasonable extent, the United States will forever guaranty and secure to said Indians. Such improvements as add value to the land, hereby ceded, shall be appraised, and the amount paid to the proper Indian. But such payment shall, in no case, be assigned to, or paid to, a white man. If the church on the Cheboigan, should fall within this cession, the value shall be paid to the band owning it. The net proceeds of the sale of the one hundred and sixty acres of land, upon the Grand River upon which the missionary society have erected their buildings, shall be paid to the said society, in lieu of the value of their said improvements. When the Indians wish it, the United States will remove them, at their expense, provide them a year's subsistence in the country to which they go, an fumish the same articles and equipments to each person as are stipulated to be given to the Pottowatomies in the final treaty of cession concluded at Chicago.

Article Ninth. Whereas, the Ottawas and Chippewas, feeling a strong consideration for aid rendered by certain of their half-breeds on Grand river, and other parts of the country ceded, and wishing to testify their gratitude on the present occasion, have assigned such individuals certain locations of land, and united in a strong appeal for the allowance of the same in this treaty; and whereas no such reservation can be permitted in carrying out the special directions of the President on this subject, it is agreed, that, in addition to the general fund set apart for half-breed claims, in the sixth article, the sum of forty-eight thousand one hundred and forty-eight dollars shall be paid for the extinguishment of this class of claims, to be divided in the following manner: To Rix Robinson, in lieu of a section of land granted to his Indian family, on the Grand river rapids, (estimated by good judges to be worth half a million,) at the rate of thirty six dollars an acre: To Leonard Slater, in trust for Chiminonoquat, for a section of land above said rapids, at the rate of ten dollars an acre: To John A. Drew, for a tract of one section and three quarters, to his Indian family, at Cheboigan rapids, at the rate of four dollars- to Edward Biddle, for one section to his Indian family at the fishing grounds, at the rate of three dollars: To John Holiday, for five sections of land to five persons of his Indian family, at the rate of one dollar and twenty-five cents; to Eliza Cook, Sophia Biddle, and Mary Holiday, one section of land each, at two dollars and fifty cents: To Augustin Hamelin junr, being of Indian descent, two sections, at one dollar and twenty-five cents- to William Lasley, Joseph Daily Joseph Trotier, Henry A. Levake, for two sections each, for their Indian families, at one dollar and twenty-five cents To Luther Rice, Joseph Lafrombois, Charles Butterfield, being of Indian descent, and to George Moran, Louis Moran, G. D. Williams, for half-breed children under their care, and to Daniel Marsac, for his Indian child, one section each, at one dollar and twenty-five cents.

Article Tenth. The sum of thirty thousand dollars shall be paid to the chiefs, on the ratification of this treaty, to be divided agreeably to a schedule hereunto annexed.

Article Eleventh. The Ottawas having consideration for one of their aged chiefs, who is reduced to poverty, and it being known that he was a firm friend of the American Government, in that quarter, during the late war, and suffered much in consequence of his sentiments, it is agreed, that an annuity of one hundred dollars per annum shall be paid to Ningweegon or the Wing, during his natural life, in money or goods, as he may choose. Another of the chiefs of said nation, who attended the treaty of Greenville in 1793, and is now, at a very advanced age, reduced to extreme want, together with his wife, and the Government being apprized that he has pleaded a promise of Gen. Wayne, in his behalf, it is agreed that Chusco of Michilimackinac shall receive an annuity of fifty dollars per annum during his natural life.

Article Twelfth. All expenses attending the journeys of the Indians from, and to their homes, and their visit at the seat of Government, together with the expenses of the treaty including a proper quantity of clothing to be given them, wiil be paid by the United States.

Article Thirteenth. The Indians stipulate for the right of hunting on the lands ceded, with the other usual privileges of occupancy, until the land is required for settlement.

In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the Ottawa and Chippewa nation of Indians, have hereunto set their hands, at Washington the seat of Government, this twenty-eighth day of March, in the year one thousand eight hundred and thirty-six.


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