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Treaty with the Potawatomi (October 26, 1832)

Title: Treaty with the Potawatomi (October 26, 1832)
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As a matter of tribal law and policy, a treaty is a legal binding agreement between two or more nations. From 1778 to 1871, approximately 370 treaties with Native Americans were ratified by the United States. Although treaties were common among the tribes in the southeastern United States, the Woodlands (eastern United States), the Great Plains, and the Northwest, many tribes in other regions did not routinely negotiate treaties with the United States. For example, few ratified treaties will be found between the United States and tribes in California or between the United States and the Pueblos of the Southwest. The United States did not enter into treaties with any of the Alaska Native sovereigns. The political consequences of treaty making continue to define the legal status of the 565 federally recognized tribal governments within the United States today.

One of the first of the Potawatomi removal treaties signed at Tippecanoe River, Indiana, this treaty was concluded in two parts on October 26, 1832. The first part of the treaty made limited reservations for certain bands from the cession. The United States was obligated to pay the tribe a 20-year annuity of $20,000; to deliver $100,000 in goods upon the conclusion of the treaty; to pay an additional $30,000 in goods the following year, to be delivered by the Indian agent; and to pay the debts of the Potawatomi. It was signed by Marks Crume, Jonathan Jennings, and John W. Davis for the United States and by more than 40 Potawatomi chiefs, headmen, and warriors. The second part of this treaty made limited reservations for certain bands from the cession. The United States was obligated to pay the tribe a 20-year annuity of $20,000; to deliver $100,000 in goods upon the conclusion of the treaty; to pay an additional $30,000 in goods the following year, to be delivered by the Indian agent; and to pay the debts of the Potawatomi. The second part was signed by Marks Crume, Jonathan Jennings, and John W. Davis for the United States and by more than 40 Potawatomi chiefs, headmen, and warriors.


Articles of a treaty made and concluded on Tippecanoe River, in the State of Indiana, between Jonathan Jennings, John W. Davis and Marks Crume, Commissioners on the part of the United States, and the Chiefs, Headmen and Warriors, of the Pottawatimie Indians, this twenty-sixth day of October, in the year eighteen hundred and thirty-two.

ARTICLE 1.
The Chiefs, Headmen and Warriors, aforesaid, agree to cede to the United States their title and interest to lands in the State of Indiana, (to wit:) beginning at a point on Lake Michigan, where the line dividing the States of Indiana and Illinois intersects the same; thence with the margin of said Lake, to the intersection of the southern boundary of a cession made by the Pottawatimies, at the treaty of the Wabash, of eighteen hundred and twenty-six; thence east, to the north-west corner of the cession made by the treaty of St. Joseph's, in eighteen hundred and twenty-eight; thence south ten miles; thence with the Indian boundary line to the Michigan road; thence south with said road to the northern boundary line, as designated in the treaty of eighteen hundred and twenty-six, with the Pottawatimies; thence west with the Indian boundary line to the river Tippecanoe; thence with the Indian boundary line, as established by the treaty of eighteen hundred and eighteen, at St. Mary's to the line dividing the States of Indiana and Illinois; and thence north, with the line dividing the said States, to the place of beginning.

ARTICLE 2.
From the cession aforesaid, the following reservations are made, (to wit:)
For the band of Aub-be-naub-bee, thirty-six sections, to include his village.
For the bands of Men-o-mi-nee, No-taw-kah, Muck-kah-tah-mo-way and Pee-pin-oh-waw, twenty-two sections.
For the bands of O-kaw-wause, Kee-waw-nay and Nee-bosh, eight sections.
For J. B. Shadernah, one section of land in the Door Prairie, where he now lives.
For the band of Com-o-za, two sections.
For the band of Mah-che-saw, two sections.
For the band of Mau-ke-kose, six sections.
For the bands of Nees-waugh-gee and Quash-qua, three sections.

ARTICLE 3.
In consideration of the cession aforesaid, the United States agree to pay to the Pottawatimie Indians, an annuity for the term of twenty years, of twenty thousand dollars; and will deliver to them goods to the value of one hundred thousand dollars, so soon after the signing of this treaty as they can be procured; and a further sum of thirty thousand dollars, in goods, shall be paid to them in the year eighteen hundred and thirty-three, by the Indian agent at Eel river.

ARTICLE 4.
The United States agree to pay the debts due by the Pottawatimies, agreeably to a schedule hereunto annexed; amounting to sixty-two thousand four hundred and twelve dollars.

ARTICLE 5.
The United States agree to provide for the Pottawatimies, if they shall at any time hereafter wish to change their residence, an amount, either in goods, farming utensils, and such other articles as shall be required and necessary, in good faith, and to an extent equal to what has been furnished any other Indian tribe or tribes emigrating, and in just proportion to their numbers.

ARTICLE 6.
The United States agree to erect a saw mill on their lands, under the direction of the President of the United States.

In testimony whereof, the said Jonathan Jennings, John W. Davis, and Marks Crume, commissioners as aforesaid, and the chiefs, head men, and warriors of the Pottawatimies, have hereunto set their hands at Tippecanoe river, on the twenty-sixth day of October, in the year eighteen hundred and thirty-two.

Jonathan Jennings,
John W. Davis,
Marks Crume.
Witness:
Geo. B. Walker.
Louison, his x mark,
Che-chaw-cose, his x mark,
Banack, his x mark,
Man-o-quett, his x mark,
Kin-kosh, his x mark,
Pee-shee-waw-no, his x mark,
Min-o-min-ee, his x mark,
Mis-sah-kaw-way, his x mark,
Kee-waw-nay, his x mark,
Sen-bo-go, his x mark,
Che-quaw-ma-caw-co, his x mark,
Muak-kose, his x mark,
Ah-you-way, his x mark,
Po-kah-kause, his x mark,
So-po-tie, his x mark,
Che-man, his x mark,
No-taw-kah, his x mark,
Nas-waw-kee, his x mark,
Pec-pin-a-waw, his x mark,
Ma-che-saw, his x mark,
O-kitch-chee, his x mark,
Pee-pish-kah, his x mark,
Com-mo-yo, his x mark,
Chick-kose, his x mark,
Mis-qua-buck, his x mark,
Mo-tie-ah, his x mark,
Muck-ka-tah-mo-way, his x mark,
Mah-quaw-shee, his x mark,
O-sheh-weh, his x mark,
Mah-zick, his x mark,
Queh-kah-pah, his x mark,
Quash-quaw, his x mark,
Louisor Perish, his x mark,
Pam-bo-go, his x mark,
Bee-yaw-yo, his x mark,
Pah-ciss, his x mark,
Mauck-co-paw-waw, his x mark,
Mis-sah-qua, his x mark,
Kawk, his x mark,
Miee-kiss, his x mark,
Shaw-bo, his x mark,
Aub-be-naub-bee, his x mark,
Mau-maut-wah, his x mark,
O-ka-mause, his x mark,
Pash-ee-po, his x mark,
We-wiss-lah, his x mark,
Ash-kum, his x mark,
Waw-zee-o-nes, his x mark.

Witnesses:
William Marshall, Indian agent,
Henry Hoover, secretary,
H. Lasselle, interpreter,
E. V. Cicott, Sint. interpreter,
J. B. Bourie, interpreter,
J. B. Jutra, Sint. interpreter,
Edward McCartney, interpreter,
Luther Rice, interpreter.

After the signing of this Treaty, and at the request of the Indians, five thousand one hundred and thirty-five dollars were applied to the purchase of horses, which were purchased and delivered to them, under our direction, leaving ninety-four thousand eight hundred and sixty-five dollars to be paid in merchandise.

Jonathan Jennings,
John W. Davis,
Marks Crume.

It is agreed, that the United States will satisfy the claims mentioned in the following schedule, as provided for in the fourth article of the foregoing treaty, viz:

To Andrew Waymire, forty dollars.
Zacheriah Cicott, nine hundred and fifty dollars.
H. Lassell, senior, four thousand dollars.
Silas Atchinson, two hundred and twenty dollars.
Alexander McAllister, two hundred and twenty dollars.
Walker and Davis, fifteen hundred dollars.
Walker, Carter & Co. five thousand six hundred dollars.
Edward McCartney, one thousand dollars.
F. R. Kintner, six hundred and twenty dollars.
Joseph Trucky, one hundred dollars.
J. Vigus & C. Taber, eight hundred and fifty dollars.
James Burnit, six hundred dollars.
Samuel Hanna, executor of Abraham Burnet, three hundred and fifty dollars.
James Hickman, sixty dollars.
William Scott, two hundred and fifty dollars.
M. Harse, seventy dollars.
Emmerson and Huntington, assignees of Willis Fellows, four thousand five hundred dollars.
W. G. and G. W. Ewing, one thousand dollars.
Peter Barron, seventeen hundred and sixty-six dollars.
Hamilton & Taber, seven hundred and thirty-seven dollars.
Skelton & Scott, six hundred and fifty dollars.
Cyrus Taber, three hundred and fifty dollars.
G. S. Hubbard, one thousand dollars.
Moses Rice, one hundred dollars.
John E. Hunt, three thousand two hundred and sixteen dollars.
John Baldwin, one thousand dollars.
Louis Drouillard, sixty-eight dollars.
George Crawford, eighty dollars.
Thomas Hall, forty dollars.
John B. Duret, four hundred dollars.
Anthony Gambin, three hundred dollars.
Joseph Barron, seven hundred and ninety-six dollars.
James H. Kintner, three hundred and fifty-seven dollars.
John B. Bourie, five hundred dollars.
Henry Ossum, nine hundred dollars.
Samuel Hanna, fifteen hundred dollars.
Barnet & Hanna, three thousand five hundred dollars.
Todd & Vigus, six thousand five hundred and thirteen dollars.
Allen Hamilton, seven hundred dollars.
W. G. and G. W. Ewing, three thousand dollars.
George F. Turner, two hundred dollars.
Peter Longlois, two thousand five hundred dollars.
Thomas Robb, eight hundred and forty dollars.
The estate of George Cicott, deceased, fifteen hundred dollars.
George C. Spencer, one hundred and fifty-seven dollars.
John T. Douglass, one hundred dollars.
W. G. and G. W. Ewing, seven hundred and sixteen dollars.
H. B. M'Keen, six hundred dollars.
Joseph Bertrand, senior, fifteen hundred dollars.
George C. Spencer, three hundred dollars.
Jesse Buzann, three hundred and sixteen dollars.
Joseph Douglass, four hundred and fifty dollars.
John Smith, four hundred and eighty dollars.
Moses Barnett, eight hundred and forty-five dollars.
Harison Barnett, two hundred and sixty-seven dollars.
Lot Bozarth, ninety dollars.
Silas Alchison, two hundred and forty-four dollars.
Harison Barnett & Co. one hundred and seventy-eight dollars.
James Elliott, one hundred and nineteen dollars.
Alexander Smith, one hundred dollars.
Walker, Carter & Co. four hundred and four dollars.
John Forsyth, amr. &c. of Thomas Forsyth, four hundred and seventy-three dollars.
John Forsyth, six hundred dollars.


Articles of a Treaty, made and concluded on the Tippecanoe River, in the State of Indiana, on the twenty-seventh day of October, in the year of our Lord eighteen hundred and thirty-two, between Janathan Jennings, John W. Davis and Marks Crume, Commissioners on the part of the United States, and the Chiefs and Warriors of the Potowatomies, of the State of Indiana and Michigan Territory.

ARTICLE 1.
The Chiefs and Warriors aforesaid cede to the United States, their title and interest to lands in the States of Indiana and Illinois, and in the Territory of Michigan, south of Grand river.

ARTICLE 2.
From the cession aforesaid, the following reservations are made, (to wit:) The reservation at Po-ca-gan's village for his band, and a reservation for such of the Potowatomies as are resident at the village of Notta-we-sipa, agreeably to the treaties of the nineteenth of September, eighteen hundred and twenty-seven, and twentieth of September, 1828.
For the band of Kin-Kash, four sections:
For O-ca-chee, one section:
For the band Mes-qua-buck, four sections, to include his village:
For the band of Che-kase, four sections, to include his village:
For the band of Che-Chaw-kose ten sections, to include his village:
For the Potowatomies, two sections, to include their mills on Tippecanoe river.
For the band of To-i-sas brother Me-mot-way, and Che-quam-ka-ko, ten sections to include their village:
For the band of Ma-sac, four sections:
For the band of Ash-kum and Wee-si-o-nas, sixteen sections, to include their village:
For the band of Wee-sau, five sections of land, including one section, granted to him by the Treaty of eighteen hundred and twenty-eight, and to include his present residence:
For the bands of Mo-ta and Men-o-quet. four sections, each, to include their village:
For Be-si-ah, four sections.

ARTICLE 3.
The United States agree to grant to each of the following persons, the quantity of land annexed to their names, which lands shall be conveyed to them by patent:
For Mon-i-taw-quah, daughter of Swa-gaw, one section, to include Wi-me-gos village:
For Wee-saw, three sections:
For Po-quia, the sister of Jose, one section:
For Ben-ack, eight sections:
For Ursule Du-quin-dre, one section:
For Ge-neir, one section:
To To-pen-ne-bee, principal chief, one section:
To Poch-a-gan, second Chief, one section:
To Pet-chi-co, two sections:
To Sau-gana, one section:
To Louis Barnett, one section:
To Mam-qua, daughter of Sau-ga-na, one section:
To Mish-a-wa, adopted daughter of Pit-e-chew, one section:
To Kesis-Shadana, one section:
To Louis Chadana, one half section:
To Charles Chadana, one half section:
To John B. Chadana, one section:
To Pier Navarre's wife, one section:
To John B. Ducharm, one section:
To Mie-saw-bee, one quarter section:
To Baptiste L. Clare, one half section:
To Mary Lacombe's children, one half section:
To Joseph Bertrand's, jr. children, one half section jointly:
To Francis Page, jr. one half section:
To Alexander Rollane, a half blood, one half section:
To Re-re-mo-sau, (alias) Panish, one section and one half section, on the McCou, on the river Raison, in the Michigan Territory, which was reserved to his use at St. Joseph's treaty, of eighteen hundred and twenty-eight:
To Mary Nedeau, one quarter section:
To Saw-grets, son of Pier Moran, one half section:
To Isadore Mo-mence and Wa-be-ga, sons of Pier Morans, one quarter section each:
To Poch-a-gan's wife, one section:
To Pet-qua and Kee-see, sons of Ma-kee-sa-be, one half section:
To Pe-nem-chis, one half section:
To Neu-a-tau-naut, one half section:
To Francis de Jean, one section:
To Mary Ann Ben-ack, wife of Edward McCartney, three sections of land, to be located on the south side of the Turkey creek prairie:
For Francis Besion, one half section:
For Miss-no-qui, a chieftess, four sections:
For Luther Rice, one quarter section:
For Med-lin Aucharm, one quarter section:
For Sheaupo Truckey, one section:
For Ju-be Actrois, one section:
For Ash-kum, two sections:
For Pee-pees-kah one section:
For Po-ka-kause, one half section:
For Nas-wau-kee, one section:
For Man-me-nass, one half section:
For Paul Longlois, one half section:
For Peter Longlois, junr., one half section:
For Shaw-bo-wah-tuck, one quarter section:
For Betsey Rousau, one quarter section:
For John Davis, one half section:
For Nancy Cicott, one quarter section:
For Amelia Cicott, one quarter section:
For Lazette Allen, one quarter section:
For Polly Griffith, daughter of Ne-bosh, two sections:
For Chop-y-tuck, or John Payne, one section:
For Joe Borisau, one quarter section:
For Quash-mau, one quarter section:
For Mas-co, one quarter section:
For Mis-sink-qu-quah, six sections:
For Aub-e-naub-bee, ten sections:
For Nee-kaw Dizzardee, one quarter section:
For Mog-see, one half section:
To Kaubee, one half section:
To old Ann Mac-i-to, one half section:
To old Wee-saw, one half section:
To Pe-te-no-on, one half section:
To Tou-se-qua, the wife of Joe Baily, one section:
To Au-taw-co-num, daughter of the Crane, one section:
To Sen niss-quah and her daughter Nancy, two sections:
To James Burnett, one section:
To To-gah, a Potawatomie woman, one quarter section:
To Mary Ann Bruner, one quarter section.
The foregoing reservations shall be selected, under the direction of the President of the United States, after the lands shall have been surveyed, and the boundaries to correspond with the public surveys.

ARTICLE 4.
In consideration of the aforesaid cession, the United States will pay fifteen thousand dollars annually for twelve years; Thirty-two thousand dollars, in goods, will be paid as soon after the signing of these articles, as they can be procured, and ten thousand dollars, in goods, will be paid next spring, at Notta-wa-si-pa, and to be paid to that band, and pay their just debts, agreeably to a schedule hereunto annexed, amounting to twenty thousand seven hundred and twenty-one dollars.

The section of land granted by the treaty of St. Joseph to To-pe-nau-koung, wife of Peter Longlois, shall be purchased by the United States, if the same can be done for the sum of eight hundred dollars.

The United States agree to appropriate, for the purpose of educating Indian youths, the annual sum of two thousand dollars, as long as the Congress of the United States may think proper, to be expended as the President may direct.

This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified, by the President of the United States, by and with the advice and consent of the Senate.

In testimony whereof, the said Jonathan Jennings, John W. Davis, and Marks Crume, commissioners as aforesaid, and the chiefs, head men, and warriors of the Potowatomies, have hereunto set their hands at Tippecanoe, on the twenty-seventh day of October, in the year eighteen hundred and thirty-two.

Jonathan Jennings,
J. W. Davis,
To-pe-ne-be, his x mark,
Po-ka-gou, his x mark,
Sa-ga-nah, his x mark,
Pe-che-co, his x mark,
We-is-saw, his x mark,
Che-shaw-gun, his x mark,
Ghe-bause, his x mark,
O-saw-o-wah-co-ne-ah, his x mark,
Mah-gah-guk, his x mark,
Sa-gue-na-nah, his x mark,
Louison Burnet, his x mark,
Shaw-wah-nuk-wuk, his x mark,
Mix-sau-bah, his x mark,
Ne-wah-ko-to, his x mark,
Win-keese, his x mark,
To-posh, his x mark,
Kawk-moc-a-sin, his x mark,
Sa-maw-cah, his x mark,
Ko-mack, his x mark,
O-guon-cote, his x mark,
Quis-sin, his x mark,
Chou-a-ma-see, his x mark,
Pat-e-ca-sha, his x mark,
Pe-nah-seh, his x mark,
Mix-e-nee, his x mark,
Che-bah, his x mark,
Wah-cose, his x mark,
Ship-she-wa-no, his x mark,
Kaw-kaw-bee, his x mark,
O-ge-mah-caw-so, his x mark,
Mash-kee, his x mark,
Saw-ge-maw, his x mark,
Nah-che-ke-zhie, his x mark,
Mis-ke-qua-tah, his x mark,
Now-o-le-naw, his x mark,
Tuck-e-now, his x mark,
Marks Crume.
Mo-nis, his x mark,
O-go-maw-be-tuk, his x mark,
Kaw-kaw-ke-moke, his x mark,
Ke-swah-bay, his x mark,
Pe-na-shee, his x mark,
So-wah-quen, his x mark,
Gib-e-nash-wish, his x mark,
Louison, his x mark,
Che-chaw-cose, his x mark,
Bee-zaw-yo, his x mark,
O-shah-yaw, his x mark,
Ash-kam, his x mark,
O-ketch-chee, his x mark,
Weh-zee-oness, his x mark,
Aub-bee-noub-bee, his x mark,

Witness:
H. Hoover, secretary,
Th. J. V. Owen, United States Indian agent,
Marius Willet,
J. Stewart, subagent,
J. Bt. Chandonnais,
J. E. Aunt,
Peter Godfroy,
G. A. Everts,
Robert Simerwell,
L. M. Taylor,
Francis Comparret,
E. N. Cicott, sint.
J. B. Baure, sint.
H. Lasselle,
Henry Ossem.

After the signing of this treaty, and at the request of the Indians, two thousand seven hundred dollars were applied to the purchasing of horses, which were purchased and delivered to the Indians under our direction, leaving the sum to be paid in merchandise, at this time, twenty-nine thousand three hundred dollars.

Jonathan Jennings,
J. W. Davis,
Marks Crume,
Commissioners.

It is agreed on the part of the United States, that the following claims shall be allowed, agreeable to the fourth article of the foregoing treaty, viz:
To Erasmus Winslow, three hundred dollars,
Squire Thompson, one hundred dollars,
L. Johnson, three hundred and seventy-five dollars,
Francis Comperret, two thousand four hundred and fifty dollars,
Ica Rice, fifteen hundred dollars,
T. P. and J. J. Godfroy, two hundred and fifty dollars,
Joseph Smith, twenty-six dollars,
James Aveline, ninety-eight dollars,
Edward Smith, forty-seven dollars,
Gustavus A. Everts, two hundred dollars,
Alexis Coquillard, five thousand one hundred dollars,
Lathrop M. Taylor, two thousand two hundred and eighty dollars,
Peter and J. J. Godfroy, three thousand five hundred dollars,
R. A. Forsyth, eighteen hundred dollars,
Louis Dupuis, forty dollars,
Timothy S. Smith, three hundred and ninety dollars,
William Huff, one hundred dollars,
Thomas Jones, two hundred and seventy-five dollars
Michael Cadieux, four hundred and ninety dollars,
Arthur Patterson, nine hundred dollars,
Samuel McGeorge, three hundred and fifty dollars,
D. H. Colerick, one hundred and fifty dollars,
James Conner, one thousand dollars.

Jonathan Jennings,
J. W. Davis,
Marks Crume,
Commissioners.


 

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