Articles of a treaty
concluded at the city of Saganaw in Michigan,
on the twenty-third day of January eighteen hundred
and thirty-eight, between the United States of
America, by the undersigned commissioner, and
the several bands of the Chippewa nation comprehended
within the district of Saganaw.
WHEREAS the chiefs of said bands have represented,
that combinations of purchasers may be formed,
at the sale of their lands for the purpose of
keeping down the price thereof, both at the public
and private sales, whereby the proceeds would
be greatly diminished; and whereas, such a procedure
would defeat some of the primary objects of the
cession of the lands to the United States, and
thereby originate difficulties to their early
removal and expatriation to the country west of
the Mississippi; and whereas, full authority has
been given to the undersigned, respectively, on
the part of the United States, and the said bands,
to conclude and settle every question connected
with the sale and cession aforesaid; Now therefore,
to the end, that justice may completely ensue,
the objects of both the contracting parties be
attained, and peace and friendship be preserved
with said tribes, it is mutually agreed as follows:
ARTICLE 1st.
The lands ceded by the treaty of the 14th of
January 1837, shall be offered for sale, by proclamation
of the President, and the sale shall be conducted
in the same manner, as the laws require other
lands to be sold. But it is provided, That all
lands brought into market, under the authority
of said treaty, shall be put up for sale by the
register and receiver of the respective land office,
at five dollars per acre, which is hereby declared
to be the minimum price thereof; and if this price
is not bid the sales shall be stopped; nor shall
any such lands be disposed of, either at public
or private sales, for a sum less than five dollars
per acre, for, and during the term of two years
from the commencement of the sale. Should any
portion of said lands remain unsold at the expiration
of this time, the minimum price shall be diminished
to two dollars and fifty cents per acre, at which
price they shall be subject to entry until the
whole quantity is sold: Provided, That if any
part of said lands remain unsold at the expiration
of five years from the date of the ratification
of this treaty, such lands shall fall under the
provision of third article of this treaty.
ARTICLE 2nd.
To provide against the contingency of any of
said lands remaining unsold, and to remove any
objections to emigrating, on the
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part of the Indians, based on such remainder,
it is hereby agreed, that every such section,
fractional section, or other unsold remainder,
shall, at the expiration of five years from the
ratification of this treaty, be sold for such
sum as it will command, Provided, That no such
sale shall be made for less than seventy-five
cents per acre.
ARTICLE 3rd.
This treaty shall be binding from the date of
its constitutional ratification; but its validity
shall not be affected by any modification, or
non-concurrence of the President and Senate, in
the third and fourth articles thereof.
In testimony whereof, the undersigned, Superintendent
of Indian Affairs and commissioner on the part
of the United States, and the chiefs and delegates
of said bands, have hereunto set their hands,
and affixed their seals, at the city of Saganaw
on this twenty-third day of January, in the year
of our Lord one thousand eight hundred and thirty-eight,
and of the independence of the United States,
the sixty-second year.
Henry R. Schoolcraft, commissioner.
Ogima Keegido,
Mo-cuck-koosh,
Oe-quee-wee-sance,
Saw-wur-bon,
Show-show-o-nu-bee-see,
Ar-ber-too-quet.
Signed and executed in presence of—
Jeremiah Riggs, overseer farmers I. D.
E. S. Williams,
Sam’l G. Watson,
Wm. F. Mosely,
D. E. Corbin,
Leon Tremble,
Jas. La-Schoolcraft,
Joseph F. Marsac,
William S. Lee.
(To the Indian names are subjoined a mark and
seal.)
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