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Treaty of Chicago Addenda (1833)

Title: Treaty of Chicago Addenda (1833)
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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.

This is an addenda to the Treaty of Chicago. Concluded at on September 27, 1833, this treaty contains the supplementary articles to the Treaty of Chicago (1833) negotiated on September 26, 1833 in Chicago, Illinois. These supplementary agreements addressed separate negotiations with the Potawatomi residents of southern Michigan. Although the primary supplement did arrange for the cession of all their lands in southern Michigan, the addenda allowed for some of these Michigan Potawatomi to move onto lands in northern Michigan, as opposed to lands west of the Mississippi.


Sept. 27, 1833. | 7 Stat., 442.
Articles supplementary, to the treaty made at Chicago, in the State of Illinois, on the 26th day of September, one thousand eight hundred and thirty-three, between George B. Porter, Thomas J. V. Owen and William Weatherford, Commissioners on the part of the United States, of the one part, and the United Nation of Chippewa, Ottowa, and Potawatamie Indians, of the other part, concluded at the same place on the twenty-seventh day of September, one thousand eight hundred and thirty-three, between the said Commissioners on the part of the United States of the one part, and the Chiefs and Head-men of the said United Nation of Indians, residing upon the reservations of land situated in the Territory of Michigan, south of Grand river, of the other part.

ARTICLE 1.
The said chiefs and head-men cede to the United States, all their land situate in the Territory of Michigan south of Grand river being the reservation at Notawasepe of 4 miles square contained in the 3d clause of the 2d article of the treaty made at Chicago, on the 29th day of August 1821, and the ninety-nine sections of land contained in the treaty made at St. Joseph on the 19th day of Sept. 1827;—and also the tract of land on St. Joseph river opposite the town of Niles, and extending to the line of the State of Indiana, on which the villages of To-pe-ne-bee and Pokagon are situated, supposed to contain about 49 sections.

ARTICLE 2.
In consideration of the above cession, it is hereby agreed that the said chiefs and head-men and their immediate tribes shall be considered as parties to the said treaty to which this is supplementary, and be entitled to participate in all the provisions therein contained, as a part of the United Nation; and further, that there shall be paid by the United States, the sum of one hundred thousand dollars: to be applied as follows.
Ten thousand dollars in addition to the general fund of one hundred thousand dollars, contained in the said treaty to satisfy sundry individuals in behalf of whom reservations were asked which the Commissioners refused to grant;—the manner in which the same is to be paid being set forth in the schedule "A," hereunto annexed.
Twenty-five thousand dollars in addition to the sum of one hundred and fifty thousand dollars contained in the said Treaty, to satisfy the claims made against all composing the United Nation of Indians, which they have admitted to be justly due, and directed to be paid according to Schedule "B," to the Treaty annexed.
Twenty-five thousand dollars, to be paid in goods, provisions and horses, in addition to the one hundred thousand dollars contained in the Treaty.
And forty thousand dollars to be paid in annuities of two thousand dollars a year for twenty years, in addition to the two hundred and eighty thousand dollars inserted in the Treaty, and divided into payments of fourteen thousand dollars a year.

ARTICLE 3.
All the Indians residing on the said reservations in Michigan shall remove therefrom within three years from this date, during which time they shall not be disturbed in their possession, nor in hunting upon the lands as heretofore. In the mean time no interruption shall be offered to the survey and sale of the same by the United States. In case, however, the said Indians shall sooner remove the Government may take immediate possession thereof.

ARTICLE 4.
[Stricken out. See 4th Amendment at end of treaty.]

These supplementary articles after the same shall have been ratified by the President and Senate of the United States shall be binding on the contracting parties.

In testimony whereof, the said George B. Porter, Thomas J. V. Owen, and William Weatherford, and the undersigned chiefs and head men of the said United Nation of Indians, have hereunto set their hands at Chicago, the said day and year.

G. B. Porter,
Th. J. V. Owen,
William Weatherford,
To-pen-e-bee, his x mark,
We-saw, his x mark,
Ne-kaw-nosh-kee, his x mark,
Wai-saw-o-ko-ne-aw, his x mark,
Po-ka-gon, his x mark,
Kai-kaw-tai-mon, his x mark,
Pe-pe-ah, his x mark,
Ne-see-waw-bee-tuck, his x mark,
Kitchee-bau, his x mark,
Pee-chee-ko, his x mark,
Nai-gaw-geucke, his x mark,
Wag-maw-kan-so, his x mark,
Mai-go-sai, his x mark,
Nai-chee-wai, his x mark,
Aks-puck-sick, his x mark,
Kaw-kai-mai, his x mark,
Mans-kai-sick, his x mark,
Pam-ko-wuck, his x mark,
No-taw-gai, his x mark,
Kauk-muck-kisin, his x mark,
Wee-see-mon, his x mark,
Mo-so-ben-net, his x mark,
Kee-o-kum, his x mark,
Maatch-kee, his x mark,
Kaw-bai-me-sai, his x mark,
Wees-ke-qua-tap, his x mark,
Ship-she-wuh-no, his x mark,
Wah-co-mah-o-pe-tuk, his x mark,
Ne-so-wah-quet, his x mark,
Shay-o-no, his x mark,
Ash-o-nees, his x mark,
Mix-i-nee, his x mark,
Ne-wah-ox-sec, his x mark,
Sauk-e-mau, his x mark,
Shaw-waw-nuk-wuk, his x mark,
Mo-rah, his x mark,
Suk-see, his x mark,
Quesh-a-wase, his x mark,
Pat-e-go-to, his x mark,
Mash-ke-oh-see, his x mark,
Mo-nase, his x mark,
Wab-e-kaie, his x mark,
Shay-oh-new, his x mark,
Mo-gua-go, his x mark,
Pe-qua-shuc, his x mark,
A-muwa-noc-sey, his x mark,
Kau-ke-che-ke-to, his x mark,
Shaw-waw-nuk-wuk, his x mark,

In presence of—
Wm. Lee D. Ewing, secretary to the commission,
E. A. Brush,
Luther Rice, interpreter,
James Conner, interpreter,
Joseph Bertrand, jr., interpreter,
Geo. Kercheval, sub Indian agent,
J. L. Thompson, lieutenant Fifth Infantry,
J. Allen, lieutenant Fifth Infantry.
P. Maxwell, assistant surgeon U. S. Army,
Geo. F. Turner, assistant surgeon U. S. Army,
B. B. Kercheval,
Thomas Forsyth,
Daniel Jackson, of New York,
J. E. Schwarz, adjutant-general M. M.
Robt. A. Kinzie,
G. S. Hubbard,
Geo. Bender, major Fifth Regiment Infantry,
D. Wilcox, captain Fifth Regiment,
J. M. Baxley, captain Fifth Infantry,
R. A. Forsyth, U. S. Army,
L. T. Jamison, lieutenant U. S. Army,
O. K. Smith, lieutenant Fifth Infantry,
L. M. Taylor,
Pierre Menard, fils,
Jacob Beeson.
Samuel Humes Porter,
Edmd. Roberts,
Jno. H. Kinzie,
Jas. W. Berry,
Gabriel Godfroy, jr.
Geo. Hunt,
A. H. Arndt,
Andw. Porter,
Isaac Nash,
Richard J. Hamilton.

SCHEDULE "A",
Referred to in the Article supplementary to the Treaty, containing the sums payable to Individuals, in lieu of Reservations of Land.
     Dollars.
Po-ka-gon    2000
Rebecca Burnett
Mary Burnett    }Edward Brooks Trustee for each    500
250
Martha Burnett (R. A. Forsyth Trustee)    250
Madaline Bertrand    200
Joseph Bertrand Junr    200
Luke Bertrand Junr    200
Benjamin Bertrand    200
Lawrence Bertrand    200
Theresa Bertrand    200
Amable Bertrand    200
Julianne Bertrand    200
Joseph H. Bertrand    100
Mary M. Bertrand    100
M. L. Bertrand    100
John B. Du Charme    200
Elizabeth Du Charme (R. A. Forsyth Trustee)    800
George Henderson    400
Mary Nado and children    400
John Bt. Chandonai    1000
Charles Chandonai
Mary Chandonai    }For each of whom R. A. Forsyth is Trustee    400
400
Mary St. Comb and children    300
Sa-gen-nais' daughter    200
Me-chain, daughter of Pe-che-co    200
Alexis Rolan    200
Polly Neighbush    200
Francois Page's wife and children    200
Pierre F. Navarre's children    100
Jarmont (half breed)    100
Ten thousand dollars    $10,000
________________________________________
Sept. 27, 1833.
Agreeably to the stipulations contained in the Articles supplementary to the Treaty, there have been purchased and delivered at the request of the Indians, Goods, Provisions and Horses to the amount of fifteen thousand dollars (leaving the balance to be supplied hereafter ten thousand dollars.)
As evidence of the purchase and delivery as aforesaid, under the direction of the said commissioners, and that the whole of the same been received by the said Indians, and the said George B. Porter, Thomas J. V. Owen, and William Weatherford, and the undersigned chiefs and head men on behalf of the said United Nation of Indians, have hereunto set their hands the twenty-seventh day of September, in the year of our Lord one thousand eight hundred and thirty-three.

G. B. Porter,
Th. J. V. Owen,
William Weatherford,
To-pen-e-bee, his x mark,
Wee-saw, his x mark,
Ne-kaw-nosh-kee, his x mark,
Wai-saw-o-ko-ne-aw, his x mark,
Ne-see-waw-be-tuk, his x mark,
Kai-kaw-tai-mon, his x mark,
Saw-Ka-Nosh, his x mark,
Tshee-tshee-chin-ke-bequay, his x mark,
Joseph, his x mark,
Shab-e-nai, his x mark,
Ah-be-to-ke-Zhic, his x mark,
E-to-wau-coto, his x mark,
Shab-y-a-tuk, his x mark,
Me-am-ese, his x mark,
Wah-be-me-mee, his x mark,
Shim-e-nah, his x mark,
We-in-co, his x mark,

In presence of—
Wm. Lee D. Ewing, secretary to the commission,
R. A. Forsyth, U. S. Army,
John H. Kinzie,
Madn. F. Abbott,
Saml. Humes Porter,
Joseph Bertrand, junr.
Andw. Porter,
J. E. Schwarz, adjutant-general M. M.
James Conner, interpreter.
________________________________________
On behalf of the Chiefs and Head men of the United Nation of Indians who signed the treaty to which these articles are supplementary we hereby, in evidence of our concurrence therein, become parties thereto.

And, as since the signing of the treaty a part of the band residing on the reservations in the Territory of Michigan, have requested, on account of their religious creed, permission to remove to the northern part of the peninsula of Michigan, it is agreed that in case of such removal the just proportion of all annuities payable to them under former treaties and that arising from the sale of the reservation on which they now reside shall be paid to them at, L'arbre, Croche

Witness our hands, the said day and year.
Saw-ka-nosh, his x mark,
Che-ohe-bin-quay, his x mark,
Ah-be-te-ke-zhic, his x mark,
Shab-e-nay, his x mark,
O-cheep-pwaise, his x mark,
Maug-e-sett, his x mark,
Shim-e-nah, his x mark,
Ke-me-nah-wah, his x mark,

In the presence of—
Wm. Lee D. Ewing, secretary to the commission,
Jno. H. Kinzie,
Richd. J. Hamilton,
Robert Stuart,
R. A. Forsyth, U. S. Army,
Saml. Humes Porter,
J. E. Schwarz, adjutant-genera. M. M.
James Conner, interpreter.
________________________________________
The Commissioners certify that when these supplementary articles were ready for signature, the original paper of which the annexed is a copy was presented by Messrs. Peter and James J. Godfroy, and the due execution of it was made satisfactorily appear to the Commissioners, the subscribing witnesses R A Forsyth and Robert A Kinzie being present.—The Chiefs and Head men present recognizing this as a reservation, it was agreed that it shall be considered in the same light as though the purport of the instrument had been inserted in the body of the treaty;—with the understanding that the rejection of it by the President and Senate of the United States shall not affect the validity of the treaty.
G. B. PORTER,
TH. J. V. OWEN,
WILLIAM WEATHERFORD.
(Copy of the instrument referred to in the above certificate.—)
________________________________________
May 18, 1830.

Know all men by these presents that we the undersigned Chiefs and Young men of the Potawatamie tribe of Indians living at Na-to-wa-se-pe in the territory of Michigan, for and in consideration of the friendship and sundry services rendered to us by Peter and James J. Godfroy we do hereby by these presents give, grant, alien, transfer and convey unto the said Godfroys their heirs and assigns forever one entire section of land situate lying and being on our reserve of Na-to-wa-se-pe, in the Territory aforesaid to be located by said Godfroys wherever on said reserve they shall think it more to their advantage and benefit.

It is moreover the wishes of the undersigned Chiefs and Young men as aforesaid, that so soon as there shall be a treaty held between the United States and our said tribe of Pottawatamies, that our great father the President confirm and make good this our grant unto them, the said Godfroys by issuing a patent therefor to them and to their heirs forever.—In so doing our great father will accomplish the wishes of his children.
Done at Detroit, this eighteenth day of May, A. D. one thousand eight hundred and thirty.
In witness whereof, we have hereunto signed, sealed, and set our hands and seals, the day and year last above written.

Penenchese, his x mark, [L. S.]
Pit-goit-ke-se, his x mark, [L. S.]
Nah-o-te-nan, his x mark, [L. S.]
Ke-a-sac-wa, his x mark, [L. S.]
Sko-paw-ka, his x mark, [L. S.]
Ce-ce-baw, his x mark, [L. S.]
Na-wa-po-to, his x mark, [L. S.]
To-ta-gas, his x mark, [L. S.]
Pierre Morin, alias Perish, his x mark, [L. S.]
We-say-gah, his x mark, [L. S.]

Signed, sealed, and delivered in the presence of us—
R. A. Forsyth,
Robt. A. Kinzie,
G. Godfroy,

    Witnesses to the signature of Pierre Morin, alias Perish, and Wa-say-gah.
Richard Godfroy,
Francis Mouton.
 

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