Northern Historically

Subject: Treaty Ratification and Proclamation
Time: 7:46:59 AM CDT
Author:  ondamitag

     The United States in its dealings with the Indians by treaty quickly developed a set format for "for perfecting" the treaties according to constitutional requirements after they had been  negotiated and formally signed.  The treaty commissioners sent the treaty to the secretary of war or the secretary of the interior, usually through the commissioner of Indian affairs, following the creation of that office in 1832.  There was a letter of transmittal and often a report on how the negotiations had been conducted and an explanation of the terms in the treaty.  Frequently a journal of proceedings, in others a long and detailed account with nearly verbatim transcriptions of the speeches of the commissioners and of the Indians.  The commissioner of Indian affairs sent the treaty to the secretary with recommendations about ratification; the secretary in turn sent the treaty, with the commissioner of Indian affairs reports and other pertinent documents to Senate for its constitution action of advising and consenting to its ratification.

     Now it was the senators' turn to put their stamp upon the treaty, and the treaty, and the treaties themselves contain explicit notations about such ratification, most of them specifying that the articles would be binding on both parties "as soon as shall they shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said United States."  But there were a number of variations. The peace treaty of May 1816, with the Sac of the Rock River put the stipulation negatively "This treaty shall take effect and be obligatory on the contracting parties, unless the same shall be disapproved by the president and senate of the United States, or by the president only; and in the mean time all hostilities shall cease from this date."  The Treaty of Prairie du Chien of 1825 specified that the treaty specified that the treaty became obligatory on the tribes at the date of the signing and on the United states only upon ratification.  The Apaches in 1852 signed a treaty that was to be binding on both parties from the date of the signing, "subject only to the modification and amendments as may be adopted by the government United States. " The treaties with the Potawatomis and Miamis in 1826 had the unusual notation, "This treaty, after the same shall be ratified by the President, the Senate, shall be binding on the United States," a reflection, no doubt, of the principle that the Indians were represented at negotiations by their chiefs, the United States only by appointed commissioners, whose work was subject to ratification.

     Unexpectedly, for a body that under the Constitution had joint responsibility with the president for treaty making, the Senate, except in a few instances, acted perfunctorily. Following a run-in with George Washington about what "advice and consent" meant, the Senate backed away from taking an active part and regularly approved treaties with unanimous or near unanimous vote after receiving the treaties in completed form.  Not counting the 7 treaties completed under the Continental Congress and 7 more for which there is no division of votes into yeas and nays, the action can be followed on 354 treaties. Of these the Senate unanimously approved 191 without amendment and 25 more with one or two negative votes.  In addition, it unanimously approved 57 treaties to which it added amendments and 12 amended treaties with one or two negative votes.  There were 69 others that were approved with three of more negative votes, but close decisions were exceptional.

     At times, to be sure, the Senate stopped treaties all together.  It tabled some of those it received from the president, and sometimes it voted to reject them outright (the case of 18 treaties with the California tribes in 1851 is a notorious example.)

    The formal action of the Senate (approval, approval with amendments, or rejection) was sent to the president in the form of an attested copy of the Senate resolution, with the original treaty attached.  The president returned the treaty with the Senate's resolution to the executive department from which he had received it.

     There was a further anomalous procedure, for, although responsibility for Indian affairs, including treaty negotiations, fell to the War or Interior Department, the filing and safe keeping of the treaties and their promulgation were duties of the Department of State. Eventually, then, the original treaty with the Senate's attested resolution of advise and consent was forwarded to the secretary of state, who had a formal ratification/proclamation document drawn up for the president to sign.  A set form was adopted at the beginning of the national government, which was used with slight variation until the treaty making ended in 1871. The document of ratification was then printed for distribution. Occasionally a special proclamation by the president urging proper enforcement of the treaty was used at the beginning of the document, as in the case of the Creek treaty of 1790, which was then issued as a broadside.

     The treaties antedating 1790 in the State Department file do not have a presidential ratification attached to them, but there has been little question of the validity of these treaties on that account.  From the Creek treaty of 1790 on, with few exceptions, all treaties have a clear ratification/proclamation by the president.

     As the practice developed, the presidential statements at the beginning and the end were on separate pages of paper, but in some cases the statements were pasted onto the original treaty.  George Washington also entered his ratification statement for some treaties on the treaty paper itself when there was room on the end.  Beginning in the 1820s, the Ratified Indian Treaties file generally has printed copies of the treaties, which include the ratification by the president. There are printed copies of some earlier treaties, but not all found their way into the file.

 

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Subject: Treaty 43 of 43
Time: 7:54:56 AM CDT
Author:  ondamitag
Mood:  Chillin'
Music:  www.wojb.org

Treaty #43 .... The Treaty of Washington D.C. with the Chippewa of the Mississippi on March 19, 1867

TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI {1867, Mar. 19}

16 Stat., 719.
Ratified Apr. 8, 1867.
Proclaimed Apr. 18, 1867.

Articles of agreement made and concluded at Washington, D. C., this 19th, day of March, A. D. 1867, between the United States represented by Louis V. Bogy, special commissioner thereto appointed, William H. Watson, and Joel B. Bassett, United States agent, and the Chippewas of the Mississippi, represented by Que-we-zance, or Hole-in-the-Day, Qui-we-shen-shish, Wau-bon-a-quot, Min-e-do-wob, Mijaw-ke-ke-shik, Shob-osk-kunk, Ka-gway-dosh, Me-no-ke-shick, Way-namee, and O-gub-ay-gwan-ay-aush.

Whereas, by a certain treaty ratified March 20, 1865, between the parties aforesaid, a certain tract of land was, by the second article thereof, reserved and set apart for a home for the said bands of Indians, and by other articles thereof provisions were made for certain moneys to be expended for agricultural improvements for the benefit of said bands; and whereas it has been found that the said reservation is not adapted for agricultural purposes for the use of such of the Indians as desire to devote themselves to such pursuits, while a portion of the bands desire to remain and occupy a part of the aforementioned reservation, and to sell the remainder thereof to the United States: Now, therefore, it is agreed--

ARTICLE 1.  The Chippewas of the Mississippi hereby cede to the United States all their lands in the State of Minnesota, secured to them by the second article of their treaty of March 20, 1865,(This refers to the treaty of May 7, 1864, proclaimed March 20, 1865, ante p. 862.) excepting and reserving therefrom the tract bounded and described as follows, to wit: Commencing at a point on the Mississippi River, opposite the mouth of Wanoman River, as laid down on Sewall's map of Minnesota; thence due north to a point two miles further north than the most northerly point of Lake Winnebagoshish; thence due west to a point two miles west of the most westerly point of Cass Lake; thence south to Kabe-kona River; thence down said river to. Leech Lake; thence along the north shore of Leech Lake to its outlet in Leech Lake River; thence down the main channel of said river to its junction with the Mississippi River, and thence down the Mississippi to the place of beginning. And there is further reserved for the said Chippewas out of the land now owned by them such portion of their western outlet as may upon location and survey be found to be within the reservation provided for in the next succeeding section.

ARTICLE 2.  In order to provide a suitable farming region for the said bands there is hereby set apart for their use a tract of land, to be located in a square form as nearly as possible, with lines corresponding to the Government surveys; which reservation shall include White Earth Lake and Rice Lake, and contain thirty-six townships of land: and such portions of the tract herein provided for as shall be found upon actual survey to lie outside of the reservation set apart for the Chippewas of the Mississippi by the second article of the treaty of March 20, 1865, shall be received by them in part consideration for the cession of lands made by this agreement.

ARTICLE 3.  In further consideration for the lands herein ceded, estimated to contain about two million of acres, the United States agree to pay the following sums, to wit: Five thousand dollars for the erection of school buildings upon the reservation provided for in the second article; four thousand dollars each year for ten years, and as long as the President may deem necessary after the ratification of this treaty, for the support of a school or schools upon said reservation; ten thousand dollars for the erection of a saw-mill, with grist-mill attached, on said reservation; five thousand dollars to be expended in assisting in the erection of houses for such of the Indians as shall remove to said reservation.

Five thousand dollars to be expended, with the advice of the chiefs, in the purchase of cattle, horses, and farming utensils, and in making such improvements as are necessary for opening farms upon said reservation.
Six thousand dollars each year for ten years, and as long thereafter as the President may deem proper, to be expended in promoting the progress of the people in agriculture, and assisting them to become self-sustaining by giving aid to those who will labor.
Twelve hundred dollars each year for ten years for the support of a physician, and three hundred each year for ten years for necessary medicines.

Ten thousand dollars to pay for provisions, clothing, or such other articles as the President may determine to be paid to them immediately on their removal to their new reservation.

ARTICLE 4.  No part of the annuities provided for in this or any former treaty with the Chippewas of the Mississippi bands shall be paid to any half-breed or mixed-blood, except those who actually live with their people upon one of the reservations belonging to the Chippewa Indians.

ARTICLE 5.  It is further agreed that the annuity of $1,000 a year which shall hereafter become due under the provisions of the third article of the treaty with the Chippewas of the Mississippi bands, of August 2, 1847, shall be paid to the chief, Hole-in-the-Day, and to his heirs; and there shall be set apart, by selections to be made in their behalf and reported to the Interior Department by the agent, one half section of land each, upon the Gulf Lake reservation, for Min-a-ge-shig and Truman A. Warren, who shall be entitled to patents for the same upon such selections being reported to the Department.

ARTICLE 6.  Upon the ratification of this treaty, the Secretary of the Interior shall designate one or more persons who shall, in connection with the agent for the Chippewas in Minnesota, and such of their chiefs, parties to this agreement, as he may deem sufficient, proceed to locate, as near as may be, the reservation set apart by the second article hereof, and designate the places where improvements shall be made, and such portion of the improvements provided for in the fourth [976] article of the Chippewa treaty of May 7, 1864, as the agent may deem necessary and proper, with the approval of the Commissioner of Indian Affairs, may be made upon the now reservation, and the United States will pay the expenses of negotiating this treaty, not to exceed ten thousand dollars.

ARTICLE 7.  As soon as the location of the reservation set apart by the second article hereof shall have been approximately ascertained, and reported to the office of Indian Affairs, the Secretary of the Interior shall cause the same to be surveyed in conformity to the system of Government surveys, and whenever, after such survey, any Indian, of the bands parties hereto, either male or female, shall have ten acres of land under cultivation, such Indian shall be entitled to receive a certificate, showing him to be entitled to the forty acres of land, according to legal subdivision, containing the said ten acres or the greater part thereof, and whenever such Indian shall have an additional ten acres under cultivation, he or she shall be entitled to a certificate for additional forty acres, and so on, until the full amount of one hundred and sixty acres may have been certified to any one Indian; and the land so held by any Indian shall be exempt from taxation and sale for debt, and shall not be alienated except with the approval of the Secretary of the Interior, and in no case to any person not a member of the Chippewa tribe.

ARTICLE 8.  For the purpose of protecting and encouraging the Indians, parties to this treaty, in their efforts to become self-sustaining by means of agriculture, and the adoption of the habits of civilized life, it is hereby agreed that, in case of the commission by any of the said Indians of crimes against life or property, the person charged with such crimes may be arrested, upon the demand of the agent, by the sheriff of the county of Minnesota in which said reservation may be located, and when so arrested may be tried, and if convicted, punished in the same manner as if he were not a member of an Indian tribe.

In testimony whereof, the parties aforementioned, respectively representing the United States and the said Chippewas of the Mississippi, have hereunto set their hands and seals the day and year first above written.

Lewis V. Bogy, special commissioner.
W. H. Watson.
Joel B. Bassett, U. S. Indian agent.

Que-we-zance, or Hole-in-the-Day, his x mark.
Qui-we-shen-shish, his x mark.
Wau-bon-a-quot, his x mark.
Min-e-do-wob, his x mark.
Mi-jaw-ke-ke-shik, his x mark.
Shob-osh-kunk, his x mark.
Ka-gway-dosh, his x mark.
Me-no-ke-shick, his x mark.
Way-na-mee, his x mark.
O-gub-ay-gwan-ay-aush, his x mark.

In presence of
T. A. Warren, United States interpreter.
Charles E. Mix.
Lewis S. Hayden.
George B. Jonas.
Thos. E. McGraw.
John Johnson.
George Bonga.

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Subject: Treaty 42 of 43
Time: 5:47:03 AM CDT
Author:  ondamitag
Mood:  Chillin'
Music:  www.wojb.org

Treaty #42 .... The Treaty of Washington D.C. with the Bois Forte Band of Chippewa on April 7, 1866

TREATY WITH THE CHIPPEWA BOIS FORT BAND {1866, Apr. 7}

14 Stat., 765.
Ratified Apr. 26, 1866.
Proclaimed May 5, 1866.

Articles of a treaty made and concluded at Washington, District of Columbia, this seventh day of April, in the year of our Lord one thousand eight hundred and sixty-six, by and between the United States, party of the first part, by their commissioners, D. N. Cooley, Commissioner of Indian Affairs, and E. E. L. Taylor, thereunto duly authorized, and the Bois Forte Band of Chippewa Indians, parties of the second part, by the undersigned chiefs, head-men, and warriors of said bands, thereunto duly authorized.
ARTICLE 1.  The peace and friendship now existing between the. United States and said Bois Forte bands of Indians shall be perpetual.

ARTICLE 2.  In consideration of the agreements, stipulations, and undertakings to the performed by the United States, and hereinafter expressed, the Bois Forte bands of Chippewas have agreed to, and do hereby, cede and forever relinquish and surrender to the United States all their right, title, claim, and interest in and to all lands and territory heretofore claimed, held, or possessed by them, and lying east of the boundary line mentioned and established in and by the first article of the treaty made and concluded by and between the United States of the one part, and the Chippewas of Lake Superior and the Mississippi of the other part, on the 30th day of September, A. D. 1854, and more [917] especially in and to all that portion of said territory heretofore claimed and occupied by them at and near Lake Vermillion as a reservation. The Bois Forte band of Chippewas in like manner cede and relinquish forever to the United States all their claim; right, title, and interest in and to all lands and territory lying westerly of said boundary line, or elsewhere within the limits of the United States.

ARTICLE 3.  In consideration of the foregoing cession and relinquishment, the United States agree to and will perform the stipulations, undertakings, and agreements following, that is to say:-

First. There shall be set apart within one year after the date of the ratification of this treaty, under the direction of the President of the United States, within the Chippewa country, for the perpetual use and occupancy of said Bois Forte band of Chippewas, a tract of land of not less than one hundred thousand acres, the said location to include a lake known by the name of Netor As-sab-a-co-na, if, upon examination of the country by the agent sent by the President of the United States to select the said reservation, it is found practicable to include the said lake therein, and also one-township of land on the Grand Fork River, at the mouth of Deer Creek, if such location shall be found practicable.

Second. The United States will, as soon as practicable after the setting apart of the tract of country first above mentioned, erect thereon, without expense to said Indians, one blacksmith's shop, to cost not exceeding five hundred dollars; one school-house, to cost not exceeding five hundred dollars; and eight houses for their chiefs, to cost not exceeding four hundred dollars each; and a building for an agency house and storehouse for the storage of goods and provisions, to cost not exceeding two thousand dollars.

Third. The United States will expend annually for and in behalf of said Bois Forte band of Chippewas, for and during the term of twenty years from and after the ratification of this treaty, the several sums and for the purposes following, to wit: For the support of one blacksmith and assistant, and for tools, iron, and steel, and other articles necessary for the blacksmith's shop, fifteen hundred dollars; for one school-teacher, and the necessary books and stationery for the school, eight hundred dollars, the chiefs in council to have the privilege of selecting, with the approval of the Secretary of the Interior, the religious denomination to which the said teacher shall belong; for instructions of the said Indians in farming, and the purchase of seeds, tools, &c., for that purpose, eight hundred dollars; and for annuity payment, the sum of eleven thousand dollars, three thousand five-hundred dollars of which shall be paid to them in money per capita, one thousand dollars in provisions, ammunition, and tobacco, and six thousand five hundred dollars to be distributed to them in goods and other articles suited to their wants and condition.

ARTICLE 4.  To enable the chiefs, head-men, and warriors now present to establish their people upon the new reservation, and to purchase useful articles and presents for their people, the United States agree to pay them, upon the ratification of this treaty, the sum of thirty thousand dollars, to be expended under the direction of the Secretary of the Interior.

ARTICLE 5.  In consideration of the services heretofore rendered to the said Indians by Francis Roussaire, senior, Francis Roussaire, jr., and Peter E. Bradshaw, it is hereby agreed that the said persons shall each have the right to select one hundred and sixty acres of land, not mineral lands, and to receive patents therefor from the United States; and for the like services to the Indians, the following named persons, to wit: Peter Roy, Joseph Gurnoe, Francis Roy, Vincent Roy, Eustace Roussaire, and D. George Morrison shall each have the right to select eighty acres of land, not mineral lands, and to receive from the United States patents therefor.

ARTICLE 6.  It is further agreed that all payments of annuities to the Bois Forte band of Chippewas shall be made upon their reservation if, upon examination, it shall be found practicable to do so.

ARTICLE 7.  It is agreed by and between the parties hereto that, upon the ratification of this treaty, all former treaties existing between them inconsistent herewith shall be, and the same are hereby, abrogated and made void to all intents and purposes; and the said Indians hereby relinquish any and all claims for arrears of payments claimed to be due under such treaties, or that are hereafter to fall due under the provisions of the same; except that as to the third clause of the twelfth article of the treaty of September 30, 1854, providing for a blacksmith, smith-shop, supplies, and instructions in farming, the same shall continue in full force and effect, but the benefits thereof shall be transferred to the Chippewas of Lake Superior.

ARTICLE 8.  The United States also agree to pay the necessary expenses of transportation and subsistence of the delegates who have visited Washington for the purpose of negotiating this treaty, not exceeding the sum of ten thousand dollars.

In testimony whereof, the undersigned, Commissioners on behalf of the United States, and the delegates on behalf of the Bois Forte band of Chippewas, have hereunto set their hands and seals the day and year first above written.

D. N. Cooley, Commissioner of Indian Affairs
E. E. L. Taylor, Special Commissioner.

Gabeshcodaway, or Going through the Prairie, his x mark.
Babawmadjeweshcang, or Mountain Traveller, his x mark.
Adawawnequabenace, or Twin-halted Bird, his x mark.
Sagwadacamegishcang, or He who Tries the Earth, his x mark.
Neoning, or The Four Fingers, his x mark.
Wabawgamawgau, or The Tomahawk, his x mark.
Ganawawbamina, or He who is Looked at, his x mark.
Gawnandawawinzo, or Berry Hunter, his x mark.
Abetang, or He who Inhabits, his x mark.

In presence of
Luther E. Webb, United States Indian agent for Chippewas, Lake Superior.
Joseph D. Gurnoe, United States interpreter, Lake Superior.
J. C. Ramsey.
Benj'n Thompson.
Peter Roy.
D. Geo. Morrison.
Vincent Roy, jr.
W.  H. Watson.

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Subject: Chippewa Treaty 41 of 43
Time: 7:22:33 AM CDT
Author:  ondamitag
Mood:  Chillin'

Treaty #41 .... The Treaty of the Isabella Indian Reservation, Michigan with the Saginaw, Swan Creek and Black River Bands of Chippewa on October 18, 1864

TREATY WITH THE CHIPPEWA OF SAGINAW, SWAN CREEK, AND BLACK RIVER {1864, Oct. 18}

14 Stat., 637.
Ratified May 22, 1866
Proclaimed Aug. 16, 1866

Articles of agreement and convention made and concluded at the Isabella Indian Reservation, in the State of Michigan, on the eighteenth day of October, in the year one thousand eight hundred and sixty-four, between H. J. Alvord, special commissioner of the United States, and D. C. Leach, United States Indian agent, acting as commissioners for and on the part of the United States, and the Chippewas of Saginaw, Swan Creel, and Black River, in the State of Michigan aforesaid, parties to the treaty of August 2d, 1855, as follows, viz:

ARTICLE 1.  The said Chippewas of Saginaw, Swan Creek, and Black River, for and in consideration of the conditions hereinafter specified, do hereby release to the United States the several townships of land reserved to said tribe by said treaty aforesaid, situate and being upon Saginaw Bay, in said State.
The said Indians also agree to relinquish to the United States all claim to any right they may possess to locate lands in lieu of lands sold or disposed of by the United States upon their reservation at Isabella, and also the right to purchase the unselected lands in said reservation, as provided for in the first article of said treaty.

ARTICLE 2.  In consideration of the foregoing relinquishments, the United States hereby agree to set apart for the exclusive use, ownership, and occupancy of the said of the said Chippewas of Saginaw, Swan Creek, and Black River, all of the unsold lands within the six townships in Isabella County, reserved to said Indians by the treaty of August 2, 1855, aforesaid, and designated as follows, viz:
The north half of township fourteen, and townships fifteen and sixteen north, of range three west; the north half of township fourteen and township fifteen north, of range four west, and townships fourteen and fifteen north; of range five west.

ARTICLE 3.  So soon as practicable after the ratification of this treaty, the persons who have heretofore made selections of lands within the townships upon Saginaw Bay, hereby relinquished, may proceed to make selections of lands upon the Isabella reservation in lieu of their selections aforesaid, and in like quantities.

After a reasonable time shall have been given for the parties aforesaid to make their selections in lieu of those relinquished, the other persons entitled thereto may then proceed to make their selections, in quantities as follows, viz:

For each chief of said Indians who signs this treaty, eighty acres in addition to their selections already made, and to patents in fee-simple.

For one head-man in each band into which said Indians are now divided, forty acres, and to patents in fee simple.

For each person being the head of a family, eighty acres.

For each single person over the age of twenty-one years, forty acres.

For each orphan child under the age of twenty-one years, forty acres.

For each married female who has not heretofore made a selection of land, forty acres.

And for each other person now living, or who may be born hereafter, when he or she shall have arrived at the age of twenty-one years, forty acres, so long as any of the lands in said reserve shall remain unselected, and no longer.

In consideration of important services rendered to said Indians during many years past, by William Smith, John Collins 1st, Andrew J. Campeau, and Thomas Chatfield, it is hereby agreed that they shall each be allowed to select eighty acres in addition to their previous selections, and receive patents therefor in fee simple; and to Charles H. Rodd, eighty acres, and a patent therefor in fee simple, to be received by said Rodd as a full consideration and payment of all claims he may have against said Indians, except claims against individuals for services rendered or money expended heretofore by said Rodd for the benefit of said Indians.

It is understood and agreed that those Ottawas and Chippewas and Pottawatomies now belonging to the bands of which Metayomeig, May-me-she-gaw-day, Keche-kebe-me-mo-say, and Waw-be-maw-ing-gun are chiefs, who have heretofore made selections upon said reservations, by permission of said Chippewas of Saginaw, Swan Creek, and Black River, who now reside upon said reservation in Isabella County, or who may remove to said reservation within one year after the ratification of this treaty, shall be entitled to the same rights and privileges to select and hold land as are contained in the third article of this agreement.

So soon as practicable after the ratification of this treaty, the agent for the said Indians shall make out a list of all those persons who have heretofore made selections of lands under the treaty of August 2d, 1855, aforesaid, and of those who may be entitled to selections under the provisions of this treaty, and he shall divide the persons enumerated in said list into two classes, viz: "competent" and "those not so competent."
Those who are intelligent, and have sufficient education, and are qualified by business habits to prudently manage their affairs, shall be set down as "competents," and those who are uneducated, or unqualified in other respects to prudently manage their affairs, or who are of idle, wandering, or dissolute habits, and all orphans, shall be set down as "those not so competent."

The United States agrees to issue patents to all persons entitled to selections under this treaty, as follows, viz: To those belonging to the class denominated "competents," patents shall be issued in fee simple, but to those belonging to the class of "those not so competent," the patent shall contain a provision that the land shall never be sold or alienated to any person or persons whomsoever, without, the consent of the Secretary of the Interior for the time being.

ARTICLE 4.  The United States agrees to expend the sum of twenty thousand dollars for the support and maintenance of a manual-labor school upon said reservation: Provided, That the Missionary Society of the Methodist Episcopal Church shall, within three years after the ratification of this treaty, at its own expense, erect suitable buildings for school and boarding-house purposes, of a value of not less than three thousand dollars, upon the southeast quarter of section nine, township fourteen north, of range four west, which is hereby set apart for that purpose.

The superintendent of public instruction, the lieutenant governor of the State of Michigan, and one person, to be designated by said missionary society, shall constitute a board of visitors, whose duty it shall be to visit said school once during each year, and examine the same, and investigate the character and qualifications of its teachers and all other persons connected therewith, and report thereon to the Commissioner of Indian Affairs.

The said Missionary Society of the Methodist Episcopal Church shall have full and undisputed control of the management of said school and the farm attached thereto. Upon the approval and acceptance of the school and boarding-house buildings by the board of visitors, the United States will pay to the authorized agent of said missionary society, for the support and maintenance of the school, the sum of two thousand dollars, and a like sum annually thereafter, until the whole sum of twenty thousand dollars shall have been expended.

The United States reserves the right to suspend the annual appropriation of two thousand dollars for said school, in part or in whole, whenever it shall appear that said missionary society neglects or fails to manage the affairs of said school and farm in a manner acceptable to the board of visitors aforesaid; and if, at any time within a period of ten years after the establishment of said school, said missionary society shall abandon said school or farm for the purposes intended in this treaty, then, and in such case, said society shall forfeit all of its rights in the lands, buildings, and franchises under this treaty, and it shall then be competent for the Secretary of the Interior to sell or dispose of the land hereinbefore designated, together with the buildings and improvements thereon and expend the proceeds of the same for the educational interests of the Indians in such manner as he may deem advisable.

At the expiration of ten years after the establishment of said school, if said missionary society shall have conducted said school and farm in a manner acceptable to the board of visitors during said ten years, the United States will convey to said society the land before mentioned by patent in trust for the benefit of said Indians.
In case said missionary society shall fail to accept the trust herein named within one year after the ratification of this treaty, then, and in that case, the said twenty thousand dollars shall be placed to the credit of the educational fund of said Indians, to be expended for their benefit in such manner as the Secretary of the Interior may deem advisable.

It is understood and agreed that said missionary society may use the school-house now standing upon land adjacent to the land hereinbefore set apart for a school-farm, where it now stands, or move it upon the land so set apart.

ARTICLE 5.  The said Indians agree that, of the last two payments of eighteen thousand eight hundred dollars each, provided for by the said treaty of August second, eighteen-hundred and fifty-five, the sum of seventeen thousand six hundred dollars may be withheld, and the same shall be placed to the credit of their agricultural fund, to be expended for their benefit in sustaining their blacksmith-shop, in stock, animals, agricultural implements, or in such other manner as the Secretary of the Interior may deem advisable.

ARTICLE 6.  The Commissioner of Indian Affairs may, at the request of the chiefs and head-men, sell the mill and land belonging thereto at Isabella City, on said reservation, and apply the proceeds thereof for such beneficiary objects as may be deemed advisable by the Secretary of the Interior.

ARTICLE 7.  Inasmuch as the mill belonging to said Indians is partly located upon land heretofore selected by James Nicholson, it is hereby agreed that upon a relinquishment of ten acres of said land by said Nicholson, in such form as may be determined by the agent for said Indians, he, the said Nicholson, shall be entitled to select eighty acres of land, subject to the approval of the Secretary of the Interior, and to receive a patent therefor in fee simple.

ARTICLE 8.  It is hereby expressly understood that the eighth article of the treaty of August second, eighteen hundred and fifty-five, shall in no wise be affected by the terms of this treaty.

In testimony whereof, the said H. J. Alvord and the said D. C. Leach, Commissioners as aforesaid, and the undersigned chiefs and headmen of the Chippewas of Saginaw, Swan Creek, and Black River, have hereto set their hands and seals at Isabella, in the State of Michigan, the day and year first above written.

H. J. Alvord,
D.C. Leach, Special Commissioners.

In the presence of
Richd. M. Smith,
Charles H. Rodd, United States interpreter.
George Bradley.

S. D. Simonds, chief, his x mark.
Lyman Bennett, headman, his x mark.
Jno. Pay-me-quo-ung, chief, his x mark.
William Smith, headman, his x mark.
Nauck-che-gaw-me, chief, his x mark.
Me-squaw-waw-naw-quot,headman, his x mark.
Thomas Dutton, chief, his x mark.
Paim-way-we-dung, headman, his x mark.
E!liott Kaybay, chief, his x mark.
Solomon Ottawa, headman, his x mark.
Andw. O-saw-waw-bun, chief, his x mark.
Thos. Wain-daw-naw-quot, head man, his x mark.
Naw-taw-way, chief, his x mark.
I-kay-ehe-no-ting, headman, his x mark.
William Smith, chief, his x mark.
Naw-gaw-nevay-we-dung, headman, his x mark.
Naw-we-ke-zhick, chief, his x mark.
I-yalk, headman, his x mark.
Nay-aw-be-tung, chief, his x mark.
JoE. Waw-be-ke-zhick, headman, his x mark.
Saml. Mez-haw-quaw-naw-um, chief, his x mark.
.lohn P. Williams, headman, his x mark.
L. Pay-baw-maw-she, chief, his x mark.
Ne-gaw-ne-quo-mn, headman, his x mark.
David Fisher, chief, his x mark.
Waw-be-man-i-do, headman, his x mark.
Ne-be-nay-aw-naw-quot-way-be, chief, his x mark.
Key-o-gwaw-nay-be, headman, his x mark.

In the presence of
Richd. M. Smith,
Charles H. Rodd, United States interpreter.
Amos F. Albright, superintendent mills.
Marcus Grinnell, United States blacksmith.
M.D. Bourassa,
F. C. Babbitt,
George Bradley.

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Subject: Chippewa Treaty 40 of 43
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Treaty #40 .... Treaty of Washington D.C. with the Mississippi, Pillager and Lake Winnibigoshish Bands of Chippewa on May 7, 1864

TREATY WITH THE CHIPPEWA, MISSISSIPPI, AND PILLAGER AND LAKE WINNIBIGOSHISH BANDS {1864, May 7}

13 Stat., 693.
Ratified Feb. 9, 1865.
Proclaimed Mar. 20. 1865.

Articles of agreement and convention made and concluded at the city of Washington this seventh day of May, A. D. 1864, between William P. Dole, Commissioner of Indian Affairs, and Clark W. Thompson, superintendent of Indian affairs for the northern superintendency, on the part of the United States, and the Chippewa chief Hole-in-the-day, and Mis-qua-dace, for and on behalf of the Chippewas of the Mississippi, and Pillager and Lake Winnebagoshish bands of Chippewa Indians in Minnesota.

ARTICLE 1.  The reservations known as Gull Lake, Mille Lac, Sandy Lake, Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in the second clause of the second article of the treaty with the Chippewas of the twenty-second of February, 1855, are hereby ceded to the United States, excepting one half section of hand, including the mission buildings at Gull Lake, which is hereby granted in fee simple to the Reverend John Johnson, missionary, and one section of land, to be located by the Secretary of the Interior on the southeast side of Gull Lake, and which is hereby granted in fee simple to the chief Hole-in-the-day, and a section to chief Mis-qua-dace, at Sandy Lake, in like manner, and one section to chief Shaw-vosh-kung, at Mille Lac, in like manner.

ARTICLE 2.  In consideration of the foregoing cession, the United States agree to set apart, for the future home of the Chippewas of the Mississippi, all the lands embraced within the following-described boundaries, excepting the reservations made and described in the third clause of the second article of the said treaty of February 22d, 1855, for the Pillager and Lake Winnebagoshish bands; that is to say, beginning at a point one mile south of the most southerly point of Leach Lake, and running thence in an easterly course to a point one mile south of the most southerly point of Goose Lake, thence due east to a point due south from the intersection of the Pokagomin reservation and the Mississippi River, thence on the dividing-line between Deer River and lakes and Mashkordens River and lakes, until a point is reached north of the first-named river and lakes; thence in a direct line northwesterly to the outlet of Two Routs Lake, then in a southwesterly direction to Turtle Lake, thence southwesterly to the head-water of Rice River, thence northwesterly along the line of the Red Lake reservation to the mouth of Thief River, thence down the centre of the main channel of Red Lake River to a point opposite the mouth of Black River, thence southeasterly in a direct line with the outlet of Rice Lake to a point due west from the place of beginning, thence to the place of beginning.

ARTICLE 3.  In consideration of the foregoing cession to the United States, and the valuable improvements thereon, the United States further agree, first, to extend the present annuities of the Indians, parties to this treaty, for ten years beyond the periods respectively named in existing treaties; second, and to pay towards the settlement of the claims for depredations committed by said Indians in 1862, the sum of twenty thousand dollars; third, to the chiefs of the Chippewas of the Mississippi, ten thousand dollars, to be paid upon the ratification of this treaty; and five thousand dollars to the chief Hole-in-the-day, for depredations committed in burning his house and furniture in 1862.

ARTICLE 4.  The United States further agree to pay seven thousand five hundred ($7,500) dollars for clearing, stumping, grubbing, breaking, and planting, on the reservation hereby set apart for the Chippewas of the Mississippi, in lots of not less than ten acres each, at such point or points as the Secretary of the Interior may select, as follows, viz: For the Gull Lake band, seventy (70)acres; for the Mille Lac band, seventy (70) acres; for the Sandy Lake band, fifty (50)acres; for the Pokagomin band, fifty (50)acres; for the Rabbit Lake band, forty (40) acres; for the Rice Lake band, twenty (20)acres; and to expend five thousand dollars ($5,000) in building for the chiefs of said bands one house each, under the direction of the Secretary of the Interior.

ARTICLE 5.  The United States agree to furnish to said Indians, parties to this treaty, ten (10) yoke of good steady work oxen, and twenty log-chains annually for ten years, provided the Indians shall take proper care of and make proper use of the same; also for the same period annually two hundred (200) grubbing-hoes, ten (10) ploughs, ten (10) grindstones, one hundred (100) axes, handled, not to exceed in weight three and one-half pounds each, twenty (20) spades, and other farming implements, provided it shall not amount to more [864] than fifteen hundred dollars in one year; also two carpenters, and two blacksmiths, and four farm-laborers, and one physician.

ARTICLE 6.  The United States further agree to pay annually one thousand dollars ($1,000) towards the support of a sawmill to be built for the common use of the Chippewas of the Mississippi and the Red Lake and Pembina bands of Chippewa Indians, so long as the President of the United States may deem it necessary; and to expend in building a road, bridges, &c., to their new agency seven thousand five hundred dollars ($7,500;) and to expend for new agency buildings, to be located by the Secretary of the interior for the common use of the Chippewas of the Mississippi, Red Lake, and Pembina, and Pillager and Lake Winnebagoshish bands of Chippewa Indians, twenty-five thousand dollars ($25,000.)

ARTICLE 7.  There shall be a board of visitors, to consist of not less than two nor more than five persons, to be selected from such Christian denomination or denominations as the chiefs in council may designate, whose duty it shall be to be present at all annuity payments to the Indians, whether of goods, moneys, provisions, or other articles, and to inspect the fields, buildings, mills, and other improvements made or to be made, and to report annually thereon, on or before the first day of November; and also as to the qualifications and moral deportment of all persons residing upon the reservation under the sanction of law or regulation, and they shall receive for their services five dollars per day for the time actually employed, and ten cents per mile for travelling expenses; Provided, That no one shall be paid in any one year for more than twenty days' service, or for more than three hundred miles' travel.

ARTICLE 8.  No person shall be recognized as a chief whose band numbers less than fifty persons; and to encourage and aid the said chiefs in preserving order, and inducing by their example and advice, the members of their respective bands to adopt the pursuits of civilized life, there shall be paid to each of said chiefs annually out of the annuities of said bands, a sum not exceeding one hundred and fifty dollars, ($150) to be determined by their agent according to their respective merits.

ARTICLE 9.  To improve the morals and industrial habits of said Indians, it is agreed that no agent, teacher, interpreter, trader, or other employees shall be employed, appointed, licensed, or permitted to reside within the reservations belonging to the Indians, parties to this treaty, missionaries excepted, who shall not have a family residing with them at their respective places of employment or trade within the agency, whose moral habits and fitness shall be reported upon annually by the board of visitors; and no person of full or mixed blood, educated or partially educated, whose fitness, morally or otherwise, is not conducive to the welfare of said Indians, shall receive any benefit from this or any former treaties, and may be expelled from the reservation.

ARTICLE 10.  All annuities under this or former treaties shall be paid as the chiefs in council may request, with the approval of the Secretary of the Interior, until otherwise altered or amended, which shall be done whenever the board of visitors, by the requests of the chiefs, may recommend it: Provided That no change shall take place oftener than once in two years.

ARTICLE 11.  Whenever the services of laborers are required upon the reservation, preference shall be given to full or mixed bloods, if they shall be found competent to perform them.

ARTICLE 12.  It shall not be obligatory upon the Indians, parties to this treaty, to remove from their present reservations until the United States shall have first complied with the stipulations of Articles IV and VI of this treaty, when the United States shall furnish them with all necessary transportation and subsistence to their new homes and subsistence for six months thereafter: Provided, That, owing to the heretofore good conduct of the Mille Lac Indians, they shall not be compelled to remove so long as they shall not in any way interfere with or in any manner molest the persons or property of the whites: Provided, That those of the tribe residing on the Sandy Lake reservation shall not be removed until the President shall so direct.

ARTICLE 13.  Female members of the family of any government employe(e) residing on the reservation, who shall teach Indian girls domestic economy, shall be allowed and paid a sum not exceeding ten dollars per month while so engaged: Provided, That not more than one thousand dollars shall be so expended during any one year, and that the President of the United States may suspend or annul this article whenever he may deem it expedient to do so.

ARTICLE 14.  It is distinctly understood and agreed that the clearing and breaking of land for the Chippewas of the Mississippi, as provided for in the fourth article of this treaty, shall be in lieu of all former engagements of the United States as to the breaking of lands for those bands, and that this treaty is in lieu of the treaty made by the same tribes, approved March 11th, 1863.

In testimony whereof the said Wm. P. Dole and Clark W. Thompson, on behalf of the United States, and Chippewa chiefs, Hole-in-the-day and Mis-qua-dace, on behalf of Indians parties to this treaty, have hereunto set their hands and affixed their seals this seventh day of May, A. D. one thousand eight hundred and sixty-four.

W. P. Dole, Commissioner Indian Affairs.
Clark W. Thompson, Superintendent Indian Affairs.

Que-ze-zance, or Hole-in-the-day, his x mark.
Mis-qua-dace, or Turtle, his x mark.

Signed in presence of
Peter Roy, special interpreter.
Benjn. Thompson.

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Subject: Chippewa Treaty 39 of 43
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Treaty #39 .... The Treaty of the Old Crossing of Red Lake, Minnesota with the Red Lake and Pembina Bands of Chippewa on April 12, 1864

TREATY WITH THE CHIPPEWA RED LAKE AND PEMBINA BANDS {1864, Apr. 12}

13 Stat., 689.
Ratified Apt. 21, 1864.
Proclaimed Apr. 25, 1864.

Articles supplementary to the treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Clark W. Thompson and Ashley C Morrill, and the Red Lake and Pembina bands of Chippewa Indians, by their chiefs, headmen, and warriors, concluded at the city Washington, District of Columbia, on the twelfth day of April, in the year eighteen hundred and sixty-four, between the United States, by the said commissioners, of the one part, and the said bands of the Chippewa Indians, by their chiefs, head-men, and warriors, of the other part.

ARTICLE 1.  The said Red Lake and Pembina bands of Chippewa Indians do hereby agree and assent to the provisions of the said treaty, concluded at the Old Crossing of Red Lake River, as amended by the Senate of the United States by resolution bearing date the first of March, in the year eighteen hundred and sixty-four.

ARTICLE 2.  In consideration of the cession made by said treaty, concluded at the Old Crossing of Red Lake River, and in lieu of the annuity payment provided for by the third article of said last-mentioned treaty, the United States will pay annually, during the pleasure of the President of the United States, to the Red Lake band of Chippewas the sum of ten thousand dollars, and to the Pembina band of Chippewas the sum of five thousand dollars, which said sums shall be distributed to the members of said bands, respectively, in equal amounts per capita, for which purpose an accurate enumeration and enrollment of the members of the respective bands shall be made by the officers of the United States.

ARTICLE 3.  The United States will also expend annually, for the period of fifteen years, for the Red Lake band of Chippewas, for the purpose of supplying them with gilling-twine, cotton mater, calico, linsey, blankets, sheeting, flannels, provisions, farming-tools, and for such other useful articles, and for such other useful purposes as may be deemed for their best interests, the sum of eight thousand dollars; and will expend in like manner, and for a like period, and for like purposes, for the Pembina band of Chippewas, the sum of four thousand dollars.

ARTICLE 4.  The United States also agree to furnish said bands of Indians, for the period of fifteen years, one blacksmith, one physician, one miller, and one farmer; and will also furnish them annually, during the same period, with fifteen hundred dollars' worth of iron, steel, and other articles for blacksmithing purposes, and one thousand dollars for carpentering, and other purposes.

ARTICLE 5.  The United States also agree to furnish for said Indians at some suitable point, to be determined by the Secretary of the Interior, a saw-mill with a run of millstones attached.

ARTICLE 6.  It is further agreed, by and between the parties hereto, that article four of the said treaty, concluded at the Old Crossing of Red Lake River, and the amendment to said article, shall be modified as follows: that is to say, twenty-five thousand dollars of the amount thereby stipulated shall be paid to the chiefs of said bands, through their agent, upon the ratification of these articles, or so soon thereafter as practicable, to enable them to purchase provisions and clothing, presents to be distributed to their people upon their return to their homes; of which amount five thousand dollars shall be expended for the benefit of their chief, May-dwa-gwa-no-nind; and that from the remaining seventy-five thousand dollars the claims of injured parties for depredations committed by said Indians on the goods of certain 1864.

British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red River, shall have priority of payment, and be paid in full, and the remainder thereof shall be paid pro rata upon the debts of said tribe incurred since the first day of January, in the year eighteen hundred and fifty-nine, to be ascertained by their agent in connection with the chiefs, in lieu of the commissioner or commissioners provided for in the fourth article of said treaty concluded at the Old Crossing of Red Lake River.

ARTICLE 7.  It is further agreed by the parties hereto, that, in lieu of the lands provided for the mixed-bloods by article eight of said treaty, concluded at the Old Crossing of Red Lake River, scrip shall be issued to such of said mixed-bloods as shall so elect, which shall entitle the bolder to a like amount of land, and may be located upon any of the lands ceded by said treaty, but not elsewhere, and shall be accepted by said mixed-bloods in lieu of all future claims for annuities.

In testimony whereof, the said commissioners, on behalf of the United States, and the said chiefs, headmen, and war(r)iors, on behalf of the Red Lake and Pembina bands of Chippewa Indians, have hereunto affixed their hands and seals this twelfth day of April, in the year eighteen hundred and sixty-four.

Clark W. Thompson,
Ashley C. Morrill, Commissioners.

Principal Red Lake chief, Maydwa-gua-no-nind (He that is spoken to), his x mark,
Red Lake chief, Mons-o-mo (Moose-dung), his x mark,
Red Lake chief, Ase-e-ne-wub (Little Rock), his x mark,
Principal Pembina chief, Mis-co-muk-quah (Red Bear), his x mark,
Red Lake headman, Naw-gon-e-gwo-nabe (Leading Feather), his x mark,
Red Lake warrior, Que-we-zanee (The Boy), his x mark,
Red Lake headman, May-zha-ke-osh (Dropping Wind), his x mark,
Red Lake headman, Bwa-ness (Little Shoe), his x mark,
Red Lake headman, Wa-bon-e-qua-osh (White Hair), his x mark,
Pembina healman, Te-bish-eo-ge-shick (Equal Sky), his x mark,
Red Lake warrior, Te-besh-eo-be-ness(StraightBird),hisxmark,
Red Lake warrior, Osh-shay-o-sick (no interpretation), his x mark,
Red Lake warrior, Sa-sa-goh-cum-ick-ish-cum (He that makes the ground tremble), his x mark,
Red Lake warrior, Kay-tush-ke-wub-e-tung (no interpretation), his x mark,
Pembina warrior, I-inge-e-gaun-abe, (Wants Feathers), his x mark,
Red Lake warrior, Que-we-zanee-ish (Bad Boy), his x mark,

Signed in presence of
P. H. Beaulieu, special interpreter.
J. G. Morrison, special interpreter.
Peter Roy, special interpreter.
T. A. Warren, United States interpreter.
Chas. E. Cardell.
Charles Botteneau.

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Subject: Chippewa Treaty 38 of 43
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Treaty #38 .... The Treaty of the Old Crossing of Red Lake, Minnesota with the Red Lake and Pembina Bands of Chippewa

TREATY WITH THE CHIPPEWA RED LAKE AND PEMBINA BANDS {1863, Oct. 2}

13 Stat., 667.
Ratified Mar. 1, 1864.
Proclaimed May 5, 1864.

Articles of a treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa Indians, and the Red Lake and Pembina bands of Chippewas; by their chiefs, head-men, and warriors.

ARTICLE 1.  The peace and friendship now existing between the United States and the Red Lake and Pembina bands of Chippewa Indians shall be perpetual.

ARTICLE 2.  The said Red Lake and Pembina bands of Chippewa Indians do hereby cede, sell, and convey to the United States all their right, title, and interest in and to all the lands now owned and claimed by them in the State of Minnesota and in the Territory of Dakota within the following described boundaries, to wit: Beginning at the point where the international boundary between the United States and the British possessions intersects the shore of the Lake of the Woods; thence in a direct line southwesterly to the head of Thief River; thence down the main channel of said Thief River to its mouth on the Red Lake River; thence in a southeasterly direction, in a direct line toward the head of Wild Rice River, to the point where such line would intersect the northwestern boundary of a tract ceded to the United States by a treaty concluded at Washington on the 22d day of February, in the year eighteen hundred and fifty-five, with the Mississippi, Pillager, and Lake Winnebigoshish bands of Chippewa Indians; thence along the said boundary-line of the said cession to the mouth of Wild Rice River; thence up the main channel of the Red River to the mouth of the Shayenne; thence up the main channel of the Shayenne River to. Poplar Grove; thence in a direct line to the Place of Stumps, otherwise called Lake Chicot; thence in a direct line to the head of the main branch of Salt River; thence in a direct line due north to the point where such line would intersect the international boundary aforesaid; thence eastwardly along said boundary to the place of beginning.

ARTICLE 3.  In consideration of the foregoing cession, the United States agree to pay to the said Red Lake and Pembina bands of Chippewa Indians the following sums, to wit: Twenty thousand dollars per annum for twenty years; the said sum to be distributed among the Chippewa Indians of the said bands in equal amounts per capita, and for this purpose an accurate enumeration and enrollment of the members of the respective bands and families shall be made by the officers of the United States: Provided, That so much of this sum as the President of the United States shall direct, not exceeding five thousand dollars per year, may be reserved from the above sum, and applied to agriculture, education, the purchase of goods, powder, lead, &c., for their use, and to such other beneficial purposes, calculated to promote, the prosperity and happiness of the said Chippewa Indians, as he may prescribe.

ARTICLE 4.  And in further consideration of the foregoing cession, and of their promise to abstain from such acts in future, the United States agree that the said Red Lake and Pembina bands of Chippewa Indians shall not be held liable to punishment for past offences. And in order to make compensation to the injured parties for the depredations committed by the said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red River, and to enable them to pay their just debts, the United States agree to appropriate the sum of one hundred thousand dollars, it being understood and agreed that the claims of individuals for damages or debt under this article shall be ascertained and audited, in consultation with the chiefs of said bands, by a commissioner or commissioners appointed by the President of the United States; furthermore, the sum of two thousand dollars shall be expended for powder, lead, twine, or such other beneficial purposes as the chiefs may request, to be equitably distributed among the said bands at the first payment: Provided, That no part of the sum of one hundred thousand dollars shall be appropriated or paid to make compensation for damages or for the payment of any debts owing from said Indians until the said commissioner or commissioners shall report each case, with the proofs thereof, to the Secretary of the Interior, to be submitted to Congress, with his opinion thereon, for its action; and that, after such damages and debts shall have been paid, the residueof said sum shall be added to the annuity funds of said Indians, to be divided equally upon said annuities.

ARTICLE 5.  To encourage and aid the chiefs of said bands in preserving order and inducing, by their example and advice, the members of their respective bands to adopt the habits and pursuits of civilized life, there shall be paid to each of the said chiefs annually, out of the annuities of the said bands, a sum not exceeding one hundred and fifty dollars, to be determined by their agents according to their respective merits. And for the better promotion of the above objects, a further sum of five hundred dollars shall be paid at the first payment to each of the said chiefs to enable him to build for himself a house. Also, the sum of five thousand dollars shall be appropriated by the United States for cutting out a road from Leach Lake to Red Lake.

ARTICLE 6.  The President shall appoint a board of visitors, to consist of not less than two nor more than three persons, to be selected from such Christian denominations as he may designate, whose duty it shall be to attend at all annuity payments of the said Chippewa Indians, to inspect their field and other improvements, and to report annually thereon on or before the first day of November, and also as to the qualifications and moral deportment of all persons residing upon the reservation under the authority of law; and they shall receive for their services five dollars a day for the time actually employed, and ten cents per mile for travelling expenses: Provided, That no one shall be paid in any one year for more than twenty days' service or for more than three hundred miles' travel.

ARTICLE 7.  The laws of the United States now in force, or that may hereafter be enacted, prohibiting the introduction and sale of spirituous liquors in the Indian country, shall be in full force and effect throughout the country hereby ceded, until otherwise directed by Congress or the President of the United States.

ARTICLE 8.  In further consideration of the foregoing cession, it is hereby agreed that the United States shall grant to each male adult half-breed or mixed-blood who is related by blood to the said Chippewas of the said Red Lake or Pembina bands who has adopted the habits and customs of civilized life, and who is a citizen of the United States, a homestead of one hundred and sixty acres of land, to be selected at his option, within the limits of the tract of country hereby ceded to the United States; on any land not previously occupied by actual settlers or covered by prior grants, the boundaries thereof to be adjusted in conformity with the lines of the official surveys when the same shall be made, and with the laws and regulations of the United States affecting the location and entry of the same: Provided, That no scrip shall be issued under the provisions of this article, and no assignments shall be made of any right, title, or interest at law or in equity until a patent shall issue, and no patent shall be issued until due proof of five years' actual residence and cultivation, as required by the act entitled "An act to secure homesteads on the public domain."

ARTICLE 9.  Upon the urgent request of the Indians, parties to this treaty, there shall be set apart from the tract hereby ceded a reservation of (640) six hundred and forty acres near the mouth of Thief River for the chief "Moose Dung," and a like reservation of (640) six hundred and forty acres for the chief "Red Bear," on the north side of Pembina River.

In witness whereof, the said Alexander Ramsey and Ashley C. Morrill, commissioners on the part of the United States, and the chiefs, headmen, and warriors of the Red Lake and Pembina bands of Chippewa Indians, have hereunto set their hands, at the Old Crossing of Red Lake River, in the State of Minnesota, this second day of October, in the year of our Lord one thousand eight hundred and sixty-three.

Alex. Ramsey,
Ashley C. Morrill, Commissioners.

Mona-o-too, his x mark, Moose Dunn, Chief of Red Lake.
Kaw-wash-ke-ne-kay, his x mark, Crooked Arm, Chief of Red Lake.
Ase-e-ne-wub, his x mark, Little Rock, Chief of Red Lak(e).
Mis-co-muk-quoh. his x mark, Red Bear, Chief of Pembina.
Ase-anse, his x mark, Little Shell, Chief of Pembina.
Mis-co-eo-noy-a, his x mark, Red Rob, Warrior of Red Lake.
Ka-che-un-ish-e-naw-bay, his x mark, The Big Indian, Warrior of Red Lake.
Neo-ki-zhick, his x mark, Four Skies, Warrior of Red Lake.
Nebene-quin-gwa-hawegaw, his x mark, Summer Wolverine, Warrior of Pembina.
Joseph Gornon, his x mark, Warrior of Pembina.
Joseph Montreuil, his x mark, Warrior of Pembina.
Teb-ish-ke-ke-shig, his x mark, Warrior of Pemhina.
May-shue-e-yaush, his x mark, Dropping Wind, Head Warrior of Red Lake.
Min-du-wah-wing, his x mark, Berry Hunter, Warrior of Red Lake.
Naw-gaun-e-gwan-abe, his x mark, Leading Feather, Chief of Red Lake.

Signed in presence of
Paul H. Beaulieu, special interpreter.
Peter Roy,
T. A. Warren, United States interpreter.
J. A. Wheelock, secretary.
Reuben Ottman, secretary.
George A. Camp, major Eighth Regiment Minnesota Volunteers.
William T. Rockwood, Captain Company K, Eighth Regiment Minnesota Volunteers.
P. B. Davy, Captain Company L, First Regiment Minnesota Mounted Rangers.
G. M. Dwelle, Second Lieutenant Third Minnesota Battery-.
F. Rieger, Surgeon Eighth Regiment Minnesota Volunteers.
L. S. Kidder, First Lieutenant, Company L, First Minnesota Mounted Rangers.
Sam. B. Abbe.
C. A. Kuffer.
Pierre x Bottineau.

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Subject: Chippewa Treaty 37 of 43
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Treaty #37 .... Treaty of Washington D.C. with the Chippewa of the Mississippi, Pillager and Lake Winnibigoshish Bands on March 11, 1863

TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI AND THE PILLAGER AND LAKE WINNIBIGOSHISH BANDS {1863, Mar. 11}

12 Stat., 1249.
Ratified, Mar. 13, 1863.
Proclaimed Mar. 19, 1863.

Articles of agreement and convention made and concluded at the city of Washington, this eleventh day of March, A. D. one thousand eight hundred and sixty-three, between William P. Dole, Commissioner of Indian Affairs, and Clark W. Thompson, superintendent of Indian affairs of the northern superintendency, on the part of the United States, and Henry M. Rice, of Minnesota, for and on behalf of the Chippewas of the Mississippi and the Pillager and Lake Winnibigoshish bands of Chippewa, a Indians in Minnesota.

ARTICLE 1.  The reservations known as Gull Lake, Mille Lac, Sandy Lake, Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in the second clause of the second article of the treaty with the Chippewas of the 22d February, 1855, are hereby ceded to the United States, excepting one-half section of land, including the mission-buildings at Gull Lake, which is hereby granted in fee simple to the Reverend John Johnson, missionary.

ARTICLE 2.  In consideration of the foregoing cession, the United States agree to set apart for the future homes of the Chippewas of the Mississippi, all the lands embraced within the following-described boundaries, excepting the reservations made and described in the third clause of the second article of the said treaty of February 22, 1855, for the Pillager and Lake Winnibigoshish bands; that is to say, beginning at a point one mile south of the most southerly point of Leech Lake, and running thence in an easterly course to a point one mile south of the most southerly point of Goose Lake; thence due east to a point due south from the intersection of the Pokagomin reservation and the Mississippi River; thence on the dividing-line between "Deer River and Lakes" and "Mashkorden's River and Lakes," until a point is reached north of the first-named river and lakes; thence in a direct line northwestwardly to the outlet of "Two-Routes Lake;" thence in a southwesterly direction to the northwest corner of the "Cass Lake" reservation; thence in a southwesterly direction to "Karbekaun" River: thence down said river to the lake of the same name; thence due south to a point due west from the beginning; thence to the place of beginning.

ARTICLE 3.  In consideration of the foregoing cession to the United States, and the valuable improvements thereon, the United States further agree: 1st. To extend the present annuities of the Indians, parties to this treaty, for ten years beyond the periods respectively named in existing treaties; 2nd. And to pay toward the settlement of the claims for depredations committed by said Indians in 1862, the stun of twenty thousand dollars, or so much thereof as may be necessary, provided that no money shall be paid under this item, except upon claims which have been duly adjudicated and found to be due under existing treaties, from said Indians, and allowed by the Secretary of the Interior, or under his direction; 4th. To the chiefs of the Chippewas of the Mississippi, sixteen thousand dollars, (provided they shall pay the chiefs of the Pillager and Lake Winnibigoshish bands one thousand dollars) to be paid upon the signing of this treaty, out of the arrearages due under the 9th article of the treaty concluded at La Pointe, in the State of Wisconsin, on the 30th of September, 1854; 5th. And to pay the expenses incurred by the legislature of the State of Minnesota, in the month of September, 1862, in sending commissioners to visit the Chippewa Indians, amounting to thirteen hundred and thirty-eight dollars and seventy-five cents.

ARTICLE 4.  The United States further agree to clear, stump, grub, and break in, the reservation hereby set apart for the Chippewas of the Mississippi, in lots of not less than ten acres each, at such point or points as the chiefs of each band may select, as follows, viz: For the Gull Lake band, seventy acres; for the Mille Lac band, seventy acres: for the Sandy Lake band, fifty acres; for the Pokagomin band, fifty acres; for the Rabbit Lake band, forty acres; for the Rice Lake band, twenty acres; and to build for the chiefs of said bands one house each of the following description: to be constructed of hewn logs; to be sixteen by twenty feet each, and two stories high; to be roofed with good shaved pine shingles; the floors to be of seasoned pine-plank, jointed; stone or brick fire-places and chimneys; three windows in lower story and two in the upper story, with good substantial shutters to each, and suitable doors; said houses to be pointed with lime mortar: provided, that the amount expended under this article shall not exceed the sum of three thousand six hundred dollars. 

ARTICLE 5.  The United States agree to furnish to said Indians, parties to this treaty, ten yoke of good, steady, work oxen, and twenty log-chains, annually, for ten years, provided the Indians shall take proper care of, and make proper use of the same; also, for the same period, annually, two hundred grubbing-hoes, ten ploughs, ten grindstones, one hundred axes, handled, not to exceed in weight three and one-half pounds each; twenty spades. Also two carpenters and two blacksmiths, and four farm laborers, and one physiciannot exceeding, in the aggregate, one thousand dollars.

ARTICLE 6.  The United States further agree to remove the saw-mill from Gull Lake reservation; to such point on the new reservation hereby set apart as may be selected by the agent, and to keep the same in good running order, and to employ a competent sawyer, so long as the President of the United States may deem it necessary; and to extend the road between Gull Lake and Leech Lake, from the last-named lake to the junction of the Mississippi and Leech Lake Rivers; and to remove the agency to said junction, or as near thereto as practicable; but not more than three thousand dollars shall be expended for this purpose.

ARTICLE 7.  The President shall appoint a board of visitors, to consist of not less than two nor more than three persons, to be selected from such Christian denominations as he may designate, whose duty it shall be to attend the annuity payments to the Indians, and to inspect the fields and other improvements of the Indians, and to report annually thereon, on or before the first of November; and also as to the qualifications and moral deportment of all persons residing upon the reservation under the authority of law; and they shall receive for their services five dollars per day for the time actually employed, and ten cents per mile for travelling expenses: Provided, That no one shall be paid in any one year for more than twenty days' service, or for more than three hundred miles' travel.

ARTICLE 8.  No person shall be recognized as a chief whose band numbers less than fifty persons; and to encourage and aid the said chiefs in preserving order, and inducing by their example and advice the members of their respective bands to adopt the pursuits of civilized life, there shall be paid to each of said chiefs, annually, out of the annuities of said bands, a sum not exceeding one hundred and fifty dollars, to be determined by the Commissioner of Indian Affairs, according to their respective merits.

ARTICLE 9.  To improve the morals and industrial habits of said Indians, it is agreed that no agent, teacher, interpreter, traders, or their employes, shall be employed, appointed, licensed, or permitted to reside within the reservations belonging to the Indians, parties to this treaty, missionaries excepted, who shall not have a lawful wife residing with them at their respective places of employment or trade within the agency, and no person of full or mixed blood, educated or partially educated, whose fitness, morally or otherwise, is not conducive to the welfare of said Indians, shall receive any benefits from this or any former treaties.

ARTICLE 10.  All annuities under this or former treaties shall be paid as the chiefs in council may request, with the approval of the Secretary of the Interior, until otherwise altered or amended: Provided, That not less than one-half of said annuities shall be paid in necessary clothing, provisions, and other necessary and useful articles.

ARTICLE 11.  Whenever the services of laborers are required upon the reservation, preference shall be given to full or mixed bloods, if they shall be found competent to perform them.

ARTICLE 12.  It shall not be obligatory upon the Indians, parties to this treaty, to remove from their present reservations until the United States shall have first complied with the stipulations of Articles 4 and of this treaty, when the United States shall furnish them with all necessary transportation and subsistence to their new homes, and subsistence for six months thereafter: Provided, That owing to the heretofore good conduct of the Mille Lac Indians, they shall not be compelled to remove so long as they shall not in any way interfere with or in any manner molest the persons or property of the whites.

ARTICLE 13.  Female members of the family of any Government employe residing on the reservation, who shall teach Indian girls domestic economy, shall be allowed and paid a sum not exceeding ten dollars per month while so engaged: Provided, That not more than one thousand dollars shall be so expended during any one year, and that the President of the United States may suspend or annul this article whenever he may deem it expedient to do so.

ARTICLE 14.  It is distinctly understood and agreed that the clearing and breaking of land forthe Chippewas of the Mississippi, as provided for in the fourth article of this treaty, shall be in lieu of all former engagements of the United States as to the breaking of lands for those bands.

In testimony whereof, the said William P. Dole and Clark W. Thompson, on behalf of the United States, and Henry M. Rice and the undersigned chiefs and headmen, on behalf of the Indians, parties to this treaty, have hereunto set their hands and affixed their seals this eleventh day of March, A. D. one thousand eight hundred and sixty-three.

Wm. P. Dole, Commissioner of Indian Affairs.
Clark W. Thompson, superintendent of Indian affairs for the northern superintendency.
Henry M. Rice.

Gull Lake band:
Qui-we-shen-shish, or Bad Boy, his x mark.
Wa-bo-geeg, or WhiteFisher, his x mark.
J. Johnson,

Rabbitt Lake band:
Mc-jaw-ke-ke-shick, or Sky that Touches the Ground, his x mark.
Ah-ah-jaw-wa-ke-shick, Crossing Sky, his x mark.
Naw-gaw-ne-gaw-bow, or One StandingAhead, hisx mark.

Sandy Lake and Rice Lake bands:
Aw-aw-bedway-we-dung, or Returning Echo, his x mark.

Po-ke-ga-ma band:
Ma-ya-je-way-we-dung, or Chorrister, his x mark.

Mille Lac band:
Shoh-osh-kunk, or Passes under Everything, his x mark.
Me-no-min-e-ke-shen, or Ricemaker, his x mark.
Pe-dud-ence, Rat's Liver, his x mark.

Executed in presence or-
E. A. C. Hatch,
Geo. C. Whiting,
A. S. H. White,
George Fuller,
James Whitehead,
D. Geo. Morrison,
Te-daw-kaw-mo-say, Walking to and fro, his x mark.
Mose-o-man-nay, or Moose, his x mark.
Way-sa-wa-gwon-aib, Yellow Feather, his x mark.
Me-no-ke-shick, or Fine Day, his x mark.

Pillager band of Leech Lake:
Be-she-kee, or Buffalo, his x mark.
Naw-bon-e-aush, Young Man's Son, his x mark.
O-ge-ma-way-che-waib, Chief of the Mountain, his x mark.
Ke-me-wen-aush, Raining Wind, his x mark.
Keh-beh-naw-gay, the Winner, his x mark.

Winne-pe-go-shish band:
Kob-mub-bey, or North Star, his x mark.
Mis-co-pe-nen-shey, Red Bird, his x mark.

Cass Lake band:
Maw-je-ke-shick,TravellingSky, his x mark.
Ma-ne-to-ke-shick, Spirit of the Day, his x mark.
O-Gee-tub, the Trader, his x mark.
Paul H. Beaubien, United States interpreter,
Peter Roy, interpreter,
J. G. Morrison, interpreter,
James Thompson.

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Treaty #36 .... Treaty of the Sac Fox Agency, Kansas Territory with the Swan Creek and Black River Chippewas an the Munsee (Chistian Indians) on July 16, 1859

TREATY WITH THE CHIPPEWA, ETC. {1859, July 16}

12 Stat., 1105.
Ratified Apr. 19, 1860.
Proclaimed July 9, 860.

Articles of agreement and convention made and concluded at the Sac and Fox agency on this sixteenth day of July, one thousand hundred and fifty-nine, by David Crawled, commissioner on part of the United States, and the following-named delegates representing the Swan Creek and Black River Chippewas and the Munsee or Christian Indians, they being duly authorized thereto by said Indians viz: Eshton-quit or Francis McCoonse, Edward McCoonse, William Turner, Antwine Gokey, Henry Donohue, Ignatius Caleb, and John Williams.

Whereas the Swan Creek and Black River band of Chippewas, of Kansas Territory, who were parties to the treaty of May 9, 1836, claim to be entitled to participate in the beneficial provisions of the subsequent treaty of August 2, 1855, under a misapprehension of the terms and conditions of said instrument, the provisions of which were only designed to embrace the Chippewas of Saginaw and that portion of the Chippewas of Swan Creek and Black River who were then residing in Michigan; and whereas a reservation of eight thousand three hundred [793] and twenty acres, or thirteen sections of land, was set apart in Kansas Territory for the use of the Swan Creek and Black River band of Chippewas, in consideration of the cession and relinquishment of certain lands in the State of Michigan which were reserved for said band of Indians by the 6th article of the treaty of November 17, 1807; and in view of the fact that a part of the aforesaid band, who now reside in the Territory of Kansas, have not received their full proportion of the benefits designed to have been conferred upon them by the provisions of the second article of the treaty of May 9, 1836, it is understood to be the intention of the United States, in the execution of these articles of agreement and convention, to manifest their liberality and disposition to encourage said Indians in agricultural pursuits, and, with a view to remove from their minds all erroneous impressions respecting the non-fulfilment of the stipulations of former treaties, a liberal provision will be made for their benefit as hereinafter expressed. It is further understood to be the intention of this instrument to unite the Munsee or Christian Indians with the aforesaid band of Chippewas, in order to provide them with a suitable and permanent home, as contemplated by the act of Congress entitled "An act to confirm the sale of the reservation held by the Christian Indians, and to provide a permanent home for said Indians," approved June 8, 1858.

ARTICLE 1.  The United States agree that the reservation of eight thousand three hundred and twenty acres, or thirteen sections of land, in Franklin County, Kansas Territory, set apart for the entire band of Swan Creek and Black River Chippewas, shall inure to the benefit of that portion of said band now residing thereon, and the United States shall cause said reservation to be surveyed into sections, half, quarter, and quarter-quarter sections, in harmony with the public-land system. For the purpose of securing a permanent home thereon for the band of Munsee or Christian Indians who have expressed a desire to unite with said band of Chippewas, it is agreed between the contracting parties to this instrument that the aforesaid bands of Indians are hereby united for their mutual advantage as herein indicated. And within said reservation there shall be assigned, in severalty, to the members of said united bands, not exceeding forty acres of land to each head of a family, and not exceeding forty acres to each child or other member of said family; forty acres to each orphan child, and eighty acres to each unmarried person of the age of twenty-one years and upwards, not connected with any family, to include in each case, so far as practicable, a reasonable proportion of timber; and the sel