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Treaty of La Pointe (1842)

Title: Treaty of La Pointe (1842)
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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.

The Treaty of La Pointe took place at La Pointe, Wisconsin, between the United States and 23 distinct bands of the Ojibwe, which represented two major groups called the Ojibwe of Lake Superior and the Ojibwe of the Mississippi.


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 bounderies; viz: beginning at the mouth of Chocolate river of Lake Superior; thence northwardly across said lake to intersect the boundery 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 south 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 boundery line, between the Chippewas and Menomonees, to its eastern termination, (established by the treaty held with the Chippewas, Menomonees, and Winnebagoes, at Butte 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 1837.

ARTICLE 2.
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 inter course with the whites, until otherwise ordered by Congress.

ARTICLE 3.
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 4.
In consideration of the foregoing cession, the United States, engage to pay to the Chippewa Indians of the Mississippi, and Lake Superior, annually, for twenty-five 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 blacksmiths 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 5.
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 6.
The Indians residing on the Mineral district, shall be subject to removal therefrom at the pleasure of the President of the United States.

ARTICLE 7.
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 forty-two.
Robert Stuart, Commissioner.
Jno. Hulbert, Secretary.

Crow wing River,
Do.
Sandy Lake,
Do.
Gull Lake,
Do.
Red Ceder Lake,
Do.
Po ke gom maw,
Do.
Wisconsin River,
Do.
Lac de Flambeau,
Do.
Do.
Lake Bands,
Do.
Fon du Lac,
Do.
Do.
La Pointe,
Do.
Do.
Onlonagan,
Do.
Ance,
Do.
Vieux Desert,
Do.
Mille Lac,
Do.
Do.
St. Croix,
Do.
Do.
Snake River,
Chippewa River,

Lac Courtulle,
Do.
Do.

Po go ne gi shik,
Son go com ick,
Ka non do ur uin zo,
Na tum e gaw bon,
Ua bo jig,
Pay pe si gon de bay,
Kui ui sen shis,
Ott taw wance,
Bai ie jig,
Show ne aw,
Ki uen zi,
Wi aw bis ke kut te way,
A pish ka go gi,
May tock cus e quay,
She maw gon e,
Ki ji ua be she shi,
Ke kon o tum,
Shin goob,
Na gan nab,
Mong o zet,
Gitchi waisky,
Mi zi,
Ta qua gone e,
O kon di kan,
Kis ke taw wac,
Pe na shi,
Guck we san sish,
Ka she osh e,
Medge waw gwaw wot,
Ne qua ne be,
Ua shash ko kum,
No din,
Be zhi ki,
Ka bi na be,
Ai aw bens,
Sha go bi,
Ua be she shi,
Que way zhan sis,
Ne na nang eb,
Be bo kon uen,
Ki uen zi.

1st
2d
1st
2d
1st
2d
1st
2d
1st
2d
1st
2d
1st
2d
2d
1st
2d
1st
2d
2d
1st
2d
2d
1st
2d
1st
2d
1st
2d
1st
2d
2d
1st
2d
2d
1st
1st
2d
1st
2d
2d

chief.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
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do.
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do.
do.
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do.
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do.


In presence of—
Henry Blanchford, interpreter.
Samuel Ashmun, interpreter.
Justin Rice.
Charles H. Oakes.
William A. Aitkin.
William Brewster.
Charles M. Borup.
Z. Platt.
C. H. Beaulieau.
L. T. Jamison.
James P. Scott.
Cyrus Mendenhall.
L. M. Warren.

Schedule of claims examined and allowed by Robert Stuart, commissioner, under the treaty with the Chippewa Indians of the Mississippi and Lake Superior, concluded at La Pointe, October 4th 1842, setting forth the names of claimants, and their proportion of allowance of the seventy-five thousand dollars provided in the fourth article of the aforesaid treaty, for the full satisfaction of their debts, as follows:

No. of
claim.

Name of claimant.

Proportion
of $75,000. set
apart in
4th article of treaty.

1
2
3
4
5






6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23





24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48







49
50
51
52
53
54


55

Edward F. Ely
Z. Platt, esq., attorney for George Berkett
Cleveland North Lake Co
Abraham W. Williams
William Brewster
This claim to be paid as follows, viz:

William Brewster, or order

$1,929 77

Charles W. Borup, or order

122 90


$2,052 67


George Copway
John Kahbege
Alixes Carpantier
John W. Bell
Antoine Picard
Michael Brisette
Francois Dejaddon
Pierre C. Duvernay
Jean Bts. Bazinet
John Hotley
Francois Charette
Clement H. Beaulieu, agent for the estate of Bazil Beaulieu, dec'd
Francois St. Jean and George Bonga
Louis Ladebauche
Peter Crebassa
B. T. Kavanaugh
Augustin Goslin
American Fur Company
This claim to be paid as follows, viz:

American Fur Company

12,565 10

Charles W. Borup

800 20


$13,365 30


William A. Aitken
James P. Scott
Augustin Bellanger
Louis Corbin
Alexes Corbin
George Johnston
Z. Platt, esq., attorney for Sam'l Ashman
Z. Platt, esq., attorney for Wm. Johnson
Z. Platt, esq., attorney for estate of Dan'l Dingley
Lyman M. Warren
Estate of Michael Cadotte, disallowed.
Z. Platt. esq., attorney for estate of E. Roussain
Joseph Dufault
Z. Platt, esq., attorney for Antoine Mace
Michael Cadotte
Z. Platt, esq., att'y for Francois Gauthier
Z. Platt, esq., att'y for Joseph Gauthier
Z. Platt, esq., attorney for J. B. Uoulle
Jean Bts. Corbin
John Hulbert
Jean Bts. Couvellion
Nicholas Da Couteau, withdrawn.
Pierre Cotte
W. H. Brockway and Henry Holt, executors to the estate of John Holliday, dec'd.
John Jacob Astor
This claim to be paid as follows, viz:

   Charles W. Borup

1,676 90

   Z. Platt, esq

2,621 80

   John Jacob Astor

23,696 28


$27,994 98


Z. Platt. esq., attorney for Thos. Connor
Charles H. Oakes
Z. Platt, esq., attorney for Wm. Morrison
Z. Platt, esq., att'y for Isaac Butterfield
J. B. Van Rensselaer
William Brewster and James W. Abbot
The parties to this claim request no payment be made to either without their joint consent, or until a decision of the case be had, in a court of justice.
William Bell

$50 80
484 67
1,485 67
75 03
2,052 67






61 67
57 55
28 58
186 16
6 46
182 42
301 48
1,101 00
325 46
69 00
234 92
596 84
366 84
322 52
499 27
516 82
169 05
13,365 30






935 67
73 41
192 35
12 57
596 03
35 24
1,771 63
390 27
1,991 62
1,566 65

959 13
144 32
170 35
205 60
167 05
614 30
64 78
531 50
209 18
18 80

732 50
3,157 10
37,994 98







1,118 60
4,309 21
1,074 70
1,275 56
62 00
2,067 10


17 62


$75,000 00


Robert Stuart, Commissioner.
Jno. Hulbert, Secretary.
 

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