Chippewa Saginaw, Swan Creek & Black River Treaty of 1864
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 Creek, 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
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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,
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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 agress 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
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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, [SEAL.]
D. C. Leach, [SEAL.]
Special Commissioners.
In the presence of—
Richd. M. Smith,
Charles H. Rodd, United States interpreter,
George Bradley.
S. D. Simonds, chief, his x mark. [SEAL.]
Lyman Bennett, headman, his x mark. [SEAL.]
Jno. Pay-me-quo-ung, chief, his x mark. [SEAL.]
William Smith, headman, his x mark. [SEAL.]
Nauck-che-gaw-me, chief, his x mark [SEAL.]
Me-squaw-waw-naw-quot, headman, his x mark. [SEAL.]
Thomas Dutton, chief, his x mark. [SEAL.]
Paim-way-we-dung, headman, his x mark. [SEAL.]
Elliott Kaybay, chief, his x mark. [SEAL.]
Solomon Ottawa, headman, his x mark. [SEAL.]
Andw. O-saw-waw-bun, chief, his x mark. [SEAL.]
Thos. Wain-daw-naw-quot, headman, his x mark.
[SEAL.]
Naw-taw-way, chief, his x mark. [SEAL.]
I-kay-che-no-ting, headman, his x mark. [SEAL.]
William Smith, chief, his x mark. [SEAL.]
Naw-gaw-nevay-we-dung, headman, his x mark. [SEAL.]
Naw-we-ke-zhick, chief, his x mark. [SEAL.]
I-yalk, headman, his x mark. [SEAL.]
Nay-aw-be-tung, chief, his x mark. [SEAL.]
Jos. Waw-be-ke-zhick, headman, his x mark. [SEAL.]
Saml. Mez-haw-quaw-naw-um, chief, his x mark.
[SEAL.]
John P. Williams, headman, his x mark. [SEAL.]
L. Pay-baw-maw-she, chief, his x mark. [SEAL.]
Ne-gaw-ne-quo-um, headman, his x mark. [SEAL.]
David Fisher, chief, his x mark. [SEAL.]
Waw-be-man-i-do, headman, his x mark. [SEAL.]
Ne-be-nay-aw-naw-quot-way-be, chief, his x mark.
[SEAL.]
Key-o-gwaw-nay-be, headman, his x mark. [SEAL.]
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.