Articles of a treaty
made and concluded at Detroit, in the State of
Michigan, on the fourteenth day of January, in
the year of our Lord eighteen hundred and thirty-seven,
between the United States of America by their
commissioner, Henry R. Schoolcraft, and the Saganaw
tribe of the Chippewa nation, by their chiefs
and delegates, assembled in council.
ART. 1st.
The said tribe cede to the United States the
following tracts of land, lying within the boundaries
of Michigan; namely; One tract of eight thousand
acres, on the river Au Sable. One tract of two
thousand acres, on the Misho-wusk or Rifle river.
One tract of six thousand acres, on the north
side of the river Kawkawling. One tract of five
thousand seven hundred and sixty acres upon Flint
river, including the site of Reaums village, and
a place called Kishkawbawee. One tract of eight
thousand acres on the head of the Cass (formerly
Huron) river, at the village of Otusson. One island
in the Saganaw bay, estimated at one thousand
acres, being the island called Shaingwaukokaug,
on which Mukokoosh formerly lived. One tract of
two thousand acres at Nababish, on the Saganaw
river. One tract of one thousand acres, on the
east side of the Saganaw river. One tract of six
hundred and forty acres, at Great Bend, on Cass
river. One tract of two thousand acres at the
mouth of Point Augrais river. One tract of one
thousand acres, on the Cass river at Menoquet’s
village. One tract of ten thousand acres on the
Shiawassee river at Ketchewaundaugumink or Big
Lick. One tract of six thousand acres at the Little
Forks, on the
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Tetabwasing river. One tract of six thousand
acres at the Black-Birds’ town, on the Tetabwasing
river. One tract of forty thousand acres, on the
west side of the Saganaw river. The whole containing
one hundred and two thousand four hundred acres,
be the same more or less.
ART. 2d.
The said Indians shall have the right of living
upon the tracts at the river Augrais, and Mushowusk
or Rifle rivers, on the west side of Saganaw bay,
for the term of five years, during which time
no white man shall be allowed to settle on said
tracts, under a penalty of five hundred dollars,
to be recovered, at the suit of the informer;
one half to the benefit of said informer, the
other half to the benefit of the Indians.
ART. 3rd.
The United States agree to pay to the said Indians,
in consideration of the lands above ceded, the
net proceeds of the sales thereof, after deducting
the expense of survey and sale, together with
the incidental expenses of this treaty. The lands
shall be surveyed in the usual manner, and offered
for sale, as other public lands, at the land offices
of the proper districts, as soon as practicable
after the ratification of this treaty. A special
account of the sales shall be kept at the Treasury,
indicating the receipts from this source, and
after deducting therefrom the sums hereinafter
set apart, for specified objects, together with
all other sums, justly chargeable to this fund,
the balance shall be invested, under the direction
of the President, in some public stock, and the
interest thereof shall be annually paid to the
said tribe, in the same manner, and with the same
precautions, that annuities are paid. Provided,
That, if the said Indians shall, at the expiration
of twenty years, or at any time thereafter, require
the said stock to be sold, and the proceeds thereof
distributed among the whole tribe, or applied
to the advancement of agriculture, education,
or any other useful object, the same may be done,
with the consent of the President and Senate.
ART. 4th.
The said Indians hereby set apart, out of the
fund, created by the sale of their lands, the
following sums, namely;
For the purchase of goods and provisions, to be
delivered to them, as soon as practicable after
the ratification of this treaty, forty thousand
dollars.*
For distribution among the heads of families,
to be paid to them, as an annuity in 1837, ten
thousand dollars.*
For a special payment to each of the principal
chiefs, agreeably to a schedule annexed, five
thousand dollars.
For the support of schools, among their children,
ten thousand dollars.
For the payment of their just debts, accruing
since the treaty of Ghent, and before the signing
of this treaty, forty thousand dollars.
For compensating American citizens, upon whose
property this tribe committed depredations after
the surrender of Detroit in 1812, ten thousand
dollars.
For meeting the payment of claims which have been
considered and allowed by the chiefs and delegates
in council, as per schedule B hereunto annexed,
twelve thousand two hundred and forty-three dollars,
and seventy-five cents.
For vaccine matter, and the services of a physician,
one hundred dollars per annum for five years.
For the purchase of tobacco to be delivered to
them, two hundred dollars per annum for five years.
The whole of these sums shall be expended under
the direction of the President, and the following
principles shall govern the application. The goods
and provisions shall be purchased by an agent,
or officer of the Government, on contract, and
delivered to them, at their expense, as early
as practicable, after the ratification of the
treaty. The annuity of ten thousand dollars shall
be divided among the heads
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of families, agreeably to a census, to be taken
for the purpose. The school fund shall be put
at interest, by investment in stocks, and the
interest applied annually to the object, commencing
in the year 1840, but the principal shall constitute
a permanent fund for twenty years, nor shall the
stock be sold, nor the proceeds diverted, at that
period, without the consent of the President and
Senate.
The monies set apart for the liquidation of their
debts, and for depredations, committed by them,
shall be paid, under such precautions for ascertaining
the justice of the indebtedness or claim, as the
President may direct, but no payment shall be
made, under either head, which is not supported
by satisfactory proof, and sanctioned by the Indians:
and if any balance of either sum remains, it shall
be immediately divided by the disbursing officer,
among the Indians. The other items of expenditure,
mentioned in this article, shall be disbursed,
under the usual regulations of the Indian Department,
for insuring faithfulness and accountability in
the application of the money.
ART. 5th.
The United States will advance the amount set
apart in the preceding article for the purchase
of goods and provisions, and the payment of debts,
and depredations by the Indians, also the several
sums stipulated to be paid to the chiefs, and
distributed to the Indians as an annuity in 1837,
and the amount set apart for claims allowed by
the Indians, together with the expense of this
negotiation.
ART. 6th.
The said tribe agrees to remove from the State
of Michigan, as soon as a proper location can
be obtained. For this purpose, a deputation shall
be sent, to view the country, occupied by their
kindred tribes, west of the most westerly point
of Lake Superior,* and if an arrangement for their
future and permanent residence can be made in
that quarter, which shall be satisfactory to them,
and to the Government, they shall be permitted
to form a reunion, with such tribes, and remove
thereto. If such arrangement cannot be effected,
the United States will afford its influence in
obtaining a location for them at such place, west
of the Mississippi, and southwest of the Missouri,
as the legislation of Congress may indicate. The
agency of the exploration, purchase, and removal
will be performed by the United States, but the
expenses attending the same shall be chargeable
to said Indians at the Treasury, to be refunded
out of the proceeds of their lands, at such time
and in such manner as the Secretary of the Treasury
shall deem proper.
ART. 7th.
It is agreed, that the smith’s shop shall be
continued among the Saganaws, together with the
aid in agriculture, farming utensils, and cattle,
secured to them under the treaty of September
24th 1819, as fixed, in amount, by the act of
Congress of May 15th 1820. But the President is
authorized to direct the discontinuance of the
stated farmers should he deem proper, and the
employment of a supervisor or overseer, to be
paid out of this fund, who shall procure the services,
and make the purchases required, under such instructions
as may be issued by the proper department. And
the services shall be rendered, and the shop kept,
at such place or places, as may be most beneficial
to the Indians. It shall be competent for the
Government, at the request of the Indians, seasonably
made, to furnish them agricultural products, or
horses and saddlery, in lieu of said services,
whenever the fund will justify it. Provided, That
the whole annual expense, including the pay of
the supervisor, shall not exceed the sum of two
thousand dollars, fixed by the act herein above
referred to.
ART. 8th.
The United States, agree to pay to the said tribe,
as one of the parties to the treaty, concluded
at Detroit, on the 17th of November 1807, the
sum of one thousand dollars, to quiet their claim,
to two reservations of land, of two sections each,
lying in Oakland county, in the State of Michigan,
which were ceded to the Government by the Pottowatomies
of St. Joseph’s, on the nineteenth of
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September 1827. This sum will be paid to the
chiefs, who are designated in the schedule referred
to, in the fourth article, at the same time and
place, that the annuities for the present year
are paid to the tribe. And the said tribe hereby
relinquish, and acknowledge full satisfaction,
for any claim they now have, or have ever possessed,
to the reservations aforesaid.
ART. 9th.
Nothing in this treaty shall be construed to
affect the payment of any annuity, due to the
said tribe, by any prior treaty. But the same
shall be paid as heretofore.
ART. 10th.
Should not the lands herein ceded, be sold, and
the avails thereof, vested for said tribe, as
provided in the third article, before the thirtieth
day of September of the present year, so that
the annual interest of such investment may be
relied on, to constitute an annuity for said tribe
in the year eighteen hundred and thirty-eight,
the United States will, during the said year 1838,
advance the same amount which is provided for
that object in the fourth article of this treaty,
which sum shall be refunded to the Treasury by
said tribe with interest, out of any fund standing
to their credit, at the discretion of the Secretary
of the Treasury.
ART. 11th.
The usual expenses, attending the formation of
this treaty, will be paid by the United States,
provided, that the Government may, in the discretion
of the President, direct the one moiety thereof
to be charged to the Indian fund, created by the
third article of this treaty.
In testimony whereof, the said Henry R. Schoolcraft,
commissioner on the part of the United States,
and the chiefs and delegates of the said tribe,
have hereunto set their hands, and affixed their
marks, at the city of Detroit in Michigan, the
day and year above written.
Henry R. Schoolcraft, Commissioner.
Ogima Keegido,
Naum Gitchigomee,
Osau Wauban,
Penayseewubee,
Washwa,
Peenaysee Weegezhig,
Mauk Esaut,
Peetwayweetum,
Tontagonee,
Kaitchenoding,
Maishkoodagwana,
Naishkayshig,
Wasso,
Pabaumosh,
Monetogaubwee,
Aindunossega,
Ugahbakwum,
Shawun Epenaysee,
Waubredoaince,
Sheegunageezhig,
Etowanaquot,
Mukuday Ghenien,
Mukuckoosh,
Penayshee Weegezhig, the 2d,
Mazinos,
Pondiac,
Nawa Geezhig.
Francis Willett Shearman, secretary.
Henry Whiting, major, U. S. Army.
J. P. Simonton, captain, U. S. Army.
Z. Pitcher, surgeon, U. S. Army.
Henry Connor, subagent.
Robert Stuart.
Jno. Hulbert.
Douglass Houghton.
G. D. Williams.
William Johnston.
Joseph F. Menoy, interpreter.
John A. Drew.
Darius Lawson.
Charles H. Rodd.
(To the Indian names are subjoined marks.)
Schedule of the names of chiefs entitled to payments
under the fourth and eighth articles of the foregoing
treaty:
The following chiefs, representing the several
bands of the tribe of the Saganaws, are entitled
to receive the several sums of five hundred and
one hundred dollars each, to wit:
1. Ogima Kegido
2. Shawun, Epenaysse
3. Naum Gitchegomee
4. Mauk Esaub
5. Muckuk, Kosh
6. Peteway, Weetum
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7. Paypah, Monshee
8. Tontagonee
9. Wasse
10. Wahputo-ains.
HENRY R. SCHOOLCRAFT,
Commissioner.
Schedule B.
To Wawasso $400 00
Ke-she-ah-be-no-qua, sister of Wawasso 400 00
Ke-wah-ne-quot 400 00
Peter Provencal 400 00
Leon, or Oge-ma-ge-ke-to 400 00
Moran, or Chemoquemont 200 00
Ke-she-go-qua 200 00
Wetonsaw, son of James Connor 400 00
Odis-pa-be-go-qua and children 800 00
Pen-a-see 400 00
Ozhe-me-ega 400 00
Bourissa’s wife, at River au Sable 800 00
Nah-bwa-quo-una 400 00
Muttoway-bun-gee 400 00
Chonne 400 00
Mah-in-gun 800 00
Ma-conse 800 00
J. P. Simonton 800 00
Wabishkindib, or Henry Conner 3,243 75
Peepegauaince 200 00
Ogima Keegido,
Shawun Epenaysee,
Naum Gitchegomee,
Mauk Esaub,
Muckuk, Kosh,
Peteway, Weetum,
Pabaumoshee,
Tontagonee,
Wasse,
Waputo ains.
Signed in presence of—
Henry Whiting, major, U. S. Army.
E. Backus, U. S. Army.
J. P. Simonton, captain, U. S. Army.
Levi Cook, mayor of the city of Detroit.
Jno. Hulbert.
Francis Willett Shearman, Secretary.
(To the Indian names are subjoined marks.)
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