Treaty of 1855
Articles of agreement and convention, made and concluded at the city of Detroit, in the State of Michigan, this second day of August, one thousand eight hundred and fifty-five, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States, and the Chippewa Indians of Saginaw, parties to the treaty of January 14, 1837, and that portion of the band of Chippewa Indians of Swan Creek and Black River, parties to the treaty of May 9, 1836, and now remaining in the State of Michigan.
In view of the existing condition of the Indians aforesaid, and of their legal and equitable claims against the United States, it is agreed between the contracting parties as follows, viz:
ARTICLE 1.
The United States will withdraw from sale, for
the benefit of said Indians, as herein provided,
all the unsold public lands within the State of
Michigan embraced in the following description,
to wit:
First. Six adjoining townships of land in the
county of Isabella, to be selected by said Indians
within three months from this date, and notice
thereof given to their agent.
Second. Townships Nos. 17 and 18 north, ranges
3, 4, and 5 east.
The United States will give to each of the said
Indians, being a head of a family, eighty acres
of land; and to each single person over twenty-one
years of age, forty acres of land; and to each
family of orphan children under twenty-one years
of age, containing two or more persons, eighty
acres of land; and to each single orphan child
under twenty-one years of age, forty acres of
land; to be selected and located within the several
tracts of land hereinbefore described, under the
same rules and regulations, in every respect,
as are provided by the agreement concluded on
the 31st day of July, A. D. 1855, with the Ottawas
and Chippewas of Michigan, for the selection of
their lands.
And the said Chippewas of Saginaw and of Swan
Creek and Black River, shall have the same exclusive
right to enter lands within the tracts withdrawn
from sale for them for five years after the time
limited for selecting the lands to which they
are individually entitled, and the same right
to sell and dispose of land entered by them, under
the provisions of the Act of Congress known as
the Graduation Act, as is extended to the Ottawas
and Chippewas by the terms of said agreement.
And the provisions therein contained relative
to the purchase and sale of land for school-houses,
churches, and educational purposes, shall also
apply to this agreement.
ARTICLE 2.
The United States shall also pay to the said
Indians the sum of two hundred and twenty thousand
dollars, in manner following, to wit:
First. Thirty thousand dollars for educational
purposes, to be paid in five equal annual instalments
of four thousand dollars each, and in five subsequent
equal annual instalments of two thousand dollars
each, to be expended under the direction of the
President of the United States.
Second. Forty thousand dollars, in five equal
annual instalments of five thousand dollars each,
and in five subsequent equal annual instalments
of three thousand dollars each, in agricultural
implements and carpenters’ tools, household furniture
and building materials, cattle, labor, and all
such articles as may be necessary and useful for
them in removing to the homes herein provided,
and getting permanently settled thereon.
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Third. One hundred and thirty-seven thousand
and six hundred dollars in coin, in ten equal
instalments of ten thousand dollars each, and
in two subsequent equal annual instalments of
eighteen thousand and eight hundred dollars each,
to be distributed per capita in the usual manner
for paying annuities.
Fourth. Twelve thousand and four hundred dollars
for the support of one blacksmith-shop for ten
years.
The United States will also build a grist and
saw mill for said Indians at some point in the
territory, to be selected by them in said county
of Isabella, provided, a suitable water-power
can be found, and will furnish and equip the same
with all necessary fixtures and machinery, and
will construct such dam, race, and other appurtenances
as may be necessary to render the water-power
available: Provided That the whole amount for
which the United States shall be liable under
this provision, shall not exceed the sum of eight
thousand dollars. The United States will also
pay the further sum of four thousand dollars for
the purpose of purchasing a saw-mill, and in repair
of the same, and in adding thereto the necessary
machinery and fixtures for a run of stone for
grinding grain—the same to be located on the tract
described in clause “second,” Article 1. The United
States will also pay the further sum of twenty
thousand dollars, or so much thereof as may be
necessary, to be applied in liquidation of the
present just indebtedness of the said Indians;
Provided, That all claims presented shall be investigated
under the direction of the Secretary of the Interior
within six months, who shall prescribe such rules
and regulations for conducting such investigation,
and for testing the validity and justice of the
claims as he shall deem suitable and proper. And
no claim shall be paid except on the certificate
of the said Secretary that, in his opinion, the
same is justly and equitably due; and all claimants,
who shall not present their claims within such
time as may be limited by said Secretary, or,
whose claims having been presented, shall be disallowed
by him, shall be forever precluded from collecting
the same, or maintaining an action thereon in
any court whatever; And, provided, also, That
no portion of the money due said Indians for annuities,
as herein provided, shall ever be appropriated
to pay their debts under any pretence whatever;
Provided That the balance of the amount herein
allowed as a just increase for the cessions and
relinquishments aforesaid, after satisfaction
of the awards of the Secretary of the Interior,
shall be paid to the said Indians, or expended
for their benefit in such manner as the Secretary
shall prescribe, in aid of any of the objects
specified in this treaty.
ARTICLE 3.
The said Chippewas of Saginaw, and of Swan Creek
and Black River, hereby cede to the United States
all the lands within the State of Michigan heretofore
owned by them as reservations, and whether held
for them in trust by the United States or otherwise;
and they do hereby, jointly and severally, release
and discharge the United States from all liability
to them, and to their, or either of their said
tribes, for the price and value of all such lands,
heretofore sold, and the proceeds of which remain
unpaid.
And they also hereby surrender all their, and
each of their permanent annuities, secured to
them, or either of them by former treaty stipulations,
including that portion of the annuity of eight
hundred dollars payable to “the Chippewas,” by
the treaty of November 17, 1807, to which they
are entitled, it being distinctly understood and
agreed, that the grants and payments hereinbefore
provided for, are in lieu and satisfaction of
all claims, legal and equitable on the part of
said Indians, jointly and severally, against the
United States for land, money, or other thing
guaranteed to said tribes, or either of them,
by the stipulations of any former treaty or treaties.
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ARTICLE 4.
The entries of land heretofore made by Indians and by the Missionary Society of the Methodist Episcopal Church for the benefit of the Indians, on lands withdrawn from sale in townships 14 north, range 4 east, and 10 north, range 5 east, in the State of Michigan, are hereby confirmed, and patents shall be issued therefor as in other cases.
ARTICLE 5.
The United States will provide an interpreter for said Indians for five years, and as much longer as the President may deem necessary.
ARTICLE 6.
The tribal organization of said Indians, except so far as may be necessary for the purpose of carrying into effect the provisions of this agreement, is hereby dissolved.
ARTICLE 7.
This agreement shall be obligatory and binding
on the contracting parties as soon as the same
shall be ratified by the President and Senate
of the United States.
In testimony whereof, the said George W. Manypenny
and the said Henry C. Gilbert, commissioners as
aforesaid, and the undersigned, chiefs and headmen
of the Chippewas of Saginaw, and of Swan Creek
and Black River, have hereto set their hands and
seals at the city of Detroit, the day and year
first above written.
Geo. W. Manypenny, [L. S.]
Henry C. Gilbert, [L. S.]
Commissioners.
Richard M. Smith,
J. Logan Chipman,
Secretaries.
Saginaw Bands:
Ot-taw-ance, chief, his x mark. [L. S.]
O-saw-waw-bun, chief, his x mark. [L. S.]
Nanck-che-gaw-me, chief, his x mark. [L. S.]
Kaw-gay-ge-zhick, chief, his x mark. [L. S.]
Shaw-shaw-way-nay-beece, chief, his x mark. [L.
S.]
Pe-nay-se-waw-be, chief, his x mark. [L. S.]
Naw-we-ge-zhick, chief, his x mark. [L. S.]
Saw-gaw-che-way-o-say, chief, his x mark. [L.
S.]
Naw-taw-way, chief, his x mark. [L. S.]
Wain-ge-ge-zhick, chief, his x mark. [L. S.]
Swan Creek and Black River Band:
Pay-me-quo-ung, chief, his x mark. [L. S.]
Nay-ge-zhick, headman, his x mark. [L. S.]
Caw-me-squaw-bay-no-kay, chief, his x mark. [L.
S.]
Pe-tway-we-tum, headman, his x mark. [L. S.]
Kay-bay-guo-um, headman, his x mark. [L. S.]
Pay-baw-maw-she, headman, his x mark. [L. S.]
Aw-be-taw-quot, headman, his x mark. [L. S.]
Aish-quay-go-nay-be, headman, his x mark. [L.
S.]
Pay-me-saw-aw, headman, his x mark. [L. S.]
Aw-taw-we-go-nay-be, headman, his x mark. [L.
S.]
Pay-she-nin-ne, headman, his x mark. [L. S.]
Maw-che-che-won, headman, his x mark. [L. S.]
Executed in the presence of— G. D. Williams.
George Smith.
W. H. Collins.
Manasseh Hickey.
P. O. Johnson.
Joseph F. Marsal.
Jno. M. D. Johnston,
Chas. H. Rodd,
L. M. Moran, Interpreters.