Articles of agreement
and convention made and concluded at the city
of Washington, this twenty-second day of February,
one thousand eight hundred and fifty-five, by
George W. Manypenny, commissioner, on the part
of the United States, and the following-named
chiefs and delegates, representing the Mississippi
bands of Chippewa Indians, viz: Pug-o-na-ke-shick,
or Hole-in-the-day; Que-we-sans-ish, or Bad Boy;
Wand-e-kaw, or Little Hill; I-awe-showe-we-ke-shig,
or Crossing Sky; Petud-dunce, or Rat’s Liver;
Mun-o-min-e-kay-shein, or Rice-Maker; Mah-yah-ge-way-we-durg,
or the Chorister; Kay-gwa-daush, or the Attempter;
Caw-caug-e-we-goon, or Crow Feather; and Show-baush-king,
or He that passes under Everything, and the following-named
chiefs and delegates representing the Pillager
and Lake Winnibigoshish bands of Chippewa Indians,
viz: Aish-ke-bug-e-koshe, or Flat Mouth; Be-sheck-kee,
or Buffalo; Nay- bun-a-caush, or Young Man’s Son;
Maug-e-gaw-bow, or Stepping Ahead; Mi-gi-si, or
Eagle, and Kaw-be-mub-bee, or North Star, they
being thereto duly authorized by the said bands
of Indians respectively.
ARTICLE 1.
The Mississippi, Pillager, and Lake Winnibigoshish
bands of Chippewa Indians hereby cede, sell, and
convey to the United States all their right, title,
and interest in, and to, the lands now owned and
claimed by them, in the Territory of Minnesota,
and included within the following boundaries,
viz: Beginning at a point where the east branch
of Snake River crosses the southern boundary-line
of the Chippewa country, east of the Mississippi
River, as established by the treaty of July twenty-ninth,
one thousand eight hundred and thirty-seven, running
thence, up the said branch, to its source; thence,
nearly north in a straight line, to the mouth
of East Savannah River; thence, up the St. Louis
River, to the mouth of East Swan River; thence,
up said river, to its source; thence, in a straight
line, to the most westwardly bend of Vermillion
River; thence, northwestwardly, in a straight
line, to the first and most considerable bend
in the Big Fork River; thence, down said river,
to its mouth; thence, down Rainy Lake River, to
the mouth of Black River; thence, up that river,
to its source; thence, in a straight line, to
the northern extremity of Turtle Lake; thence,
in a straight line, to the mouth of Wild Rice
River; thence, up Red River of the North, to the
mouth of Buffalo River; thence, in a straight
line, to the southwestern extremity of Otter-Tail
Lake; thence, through said lake, to the source
of Leaf River; thence down said river, to its
junction with Crow Wing River; thence down Crow
Wing River, to its junction with the Mississippi
River; thence to the commencement on said river
of the southern boundary-line of the Chippewa
country, as established by the treaty of July
twenty-ninth, one thousand eight hundred and thirty-seven;
and thence, along said line, to the place of beginning.
And the said Indians do further fully and entirely
relinquish and convey to the United States, any
and all right, title, and
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interest, of whatsoever nature the same may be,
which they may now have in, and to any other lands
in the Territory of Minnesota or elsewhere.
ARTICLE 2.
There shall be, and hereby is, reserved and set
apart, a sufficient quantity of land for the permanent
homes of the said Indians; the lands so reserved
and set apart, to be in separate tracts, as follows,
viz:
For the Mississippi bands of Chippewa Indians:
The first to embrace the following fractional
townships, viz: forty-two north, of range twenty-five
west; forty-two north, of range twenty-six west;
and forty-two and forty-three north, of range
twenty-seven west; and, also, the three islands
in the southern part of Mille Lac. Second, beginning
at a point half a mile east of Rabbit Lake; thence
south three miles; thence westwardly, in a straight
line, to a point three miles south of the mouth
of Rabbit River; thence north to the mouth of
said river; thence up the Mississippi River to
a point directly north of the place of beginning;
thence south to the place of beginning. Third,
beginning at a point half a mile southwest from
the most southwestwardly point of Gull Lake; thence
due south to Crow Wing River; thence down said
river, to the Mississippi River; thence up said
river to Long Lake Portage; thence, in a straight
line, to the head of Gull Lake; thence in a southwestwardly
direction, as nearly in a direct line as practicable,
but at no point thereof, at a less distance than
half a mile from said lake, to the place of beginning.
Fourth, the boundaries to be, as nearly as practicable,
at right angles, and so as to embrace within them
Pokagomon Lake; but nowhere to approach nearer
said lake than half a mile therefrom. Fifth, beginning
at the mouth of Sandy Lake River; thence south,
to a point on an east and west line, two miles
south of the most southern point of Sandy Lake;
thence east, to a point due south from the mouth
of West Savannah River; thence north, to the mouth
of said river; thence north to a point on an east
and west line, one mile north of the most northern
point of Sandy Lake; thence west, to Little Rice
River; thence down said river to Sandy Lake River;
and thence down said river to the place of beginning.
Sixth, to include all the islands in Rice Lake,
and also half a section of land on said lake,
to include the present gardens of the Indians.
Seventh, one section of land for Pug-o-na-ke-shick,
or Hole-in-the-day, to include his house and farm;
and for which he shall receive a patent in fee-simple.
For the Pillager and Lake Winnibigoshish bands,
to be in three tracts, to be located and bounded
as follows, viz: First, beginning at mouth of
Little Boy River; thence up said river to Lake
Hassler; thence through the center of said lake
to its western extremity; thence in a direct line
to the most southern point of Leech Lake; and
thence through said lake, so as to include all
the islands therein, to the place of beginning.
Second, beginning at the point where the Mississippi
River leaves Lake Winnibigoshish; thence north,
to the head of the first river; thence west, by
the head of the next river, to the head of the
third river, emptying into said lake; thence down
the latter to said lake; and thence in a direct
line to the place of beginning. Third, beginning
at the mouth of Turtle River; thence up said river
to the first lake; thence east, four miles; thence
southwardly, in a line parallel with Turtle River,
to Cass Lake; and thence, so as to include all
the islands in said lake, to the place of beginning;
all of which said tracts shall be distinctly designated
on the plats of the public surveys.
And at such time or times as the President may
deem it advisable for the interests and welfare
of said Indians, or any of them, he shall cause
the said reservation, or such portion or portions
thereof as may be necessary, to be surveyed; and
assign to each head of a family, or single person
over twenty-one years of age, a reasonable quantity
of
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land, in one body, not to exceed eighty acres
in any case, for his or their separate use; and
he may, at his discretion, as the occupants thereof
become capable of managing their business and
affairs, issue patents to them for the tracts
so assigned to them, respectively; said tracts
to be exempt from taxation, levy, sale, or feiture;
and not to be aliened or leased for a longer period
than two years, at one time, until otherwise provided
by the legislature of the State in which they
may be situate, with the assent of Congress. They
shall not be sold, or alienated, in fee, for a
period of five years after the date of the patents;
and not then without the assent of the President
of the United States being first obtained. Prior
to the issue of the patents, the President shall
make such rules and regulations as he may deem
necessary and expedient, respecting the disposition
of any of said tracts in case of the death of
the person or persons to whom they may be assigned,
so that the same shall be secured to the families
of such deceased person; and should any of the
Indians to whom tracts may be assigned thereafter
abandon them, the President may make such rules
and regulations, in relation to such abandoned
tracts, as in his judgment may be necessary and
proper.
ARTICLE 3.
In consideration of, and in full compensation
for, the cessions made by the said Mississippi,
Pillager, and Lake Winnibigoshish bands of Chippewa
Indians, in the first article of this agreement,
the United States hereby agree and stipulate to
pay, expend, and make provision for, the said
bands of Indians, as follows, viz: For the Mississippi
bands:
Ten thousand dollars ($10,000) in goods, and other
useful articles, as soon as practicable after
the ratification of this instrument, and after
an appropriation shall be made by Congress therefor,
to be turned over to the delegates and chiefs
for distribution among their people.
Fifty thousand dollars ($50,000) to enable them
to adjust and settle their present engagements,
so far as the same, on an examination thereof,
may be found and decided to be valid and just
by the chiefs, subject to the approval of the
Secretary of the Interior; and any balance remaining
of said sum not required for the above-mentioned
purpose shall be paid over to said Indians in
the same manner as their annuity money, and in
such instalments as the said Secretary may determine;
Provided, That an amount not exceeding ten thousand
dollars ($10,000) of the above sum shall be paid
to such full and mixed bloods as the chiefs may
direct, for services rendered heretofore to their
bands.
Twenty thousand dollars ($20,000) per annum, in
money, for twenty years, provided, that two thousand
dollars ($2,000) per annum of that sum, shall
be paid or expended, as the chiefs may request,
for purposes of utility connected with the improvement
and welfare of said Indians, subject to the approval
of the Secretary of the Interior.
Five thousand dollars ($5,000) for the construction
of a road from the mouth of Rum River to Mille
Lac, to be expended under the direction of the
Commissioner of Indian Affairs.
A reasonable quantity of land, to be determined
by the Commissioner of Indian Affairs, to be ploughed
and prepared for cultivation in suitable fields,
at each of the reservations of the said bands,
not exceeding, in the aggregate, three hundred
acres for all the reservations, the Indians to
make the rails and inclose the fields themselves.
For the Pillager and Lake Winnibigoshish bands:
Ten thousand dollars ($10,000) in goods, and other
useful articles, as soon as practicable, after
the ratification of this agreement, and an appropriation
shall be made by Congress therefor; to be turned
over to the chiefs and delegates for distribution
among their people.
Forty thousand dollars ($40,000) to enable them
to adjust and settle their present engagements,
so far as the same, on an examination
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thereof, may be found and decided to be valid
and just by the chiefs, subject to the approval
of the Secretary of the Interior; and any balance
remaining of said sum, not required for that purpose,
shall be paid over to said Indians, in the same
manner as their annuity money, and in such instalments
as the said Secretary may determine; provided
that an amount, not exceeding ten thousand dollars
($10,000) of the above sum, shall be paid to such
mixed-bloods as the chiefs may direct, for services
heretofore rendered to their bands.
Ten thousand six hundred and sixty-six dollars
and sixty-six cents ($10,666.66) per annum, in
money, for thirty years.
Eight thousand dollars ($8,000) per annum, for
thirty years, in such goods as may be requested
by the chiefs, and as may be suitable for the
Indians, according to their condition and circumstances.
Four thousand dollars ($4,000) per annum, for
thirty years, to be paid or expended, as the chiefs
may request, for purposes of utility connected
with the improvement and welfare of said Indians;
subject to the approval of the Secretary of the
Interior: Provided, That an amount not exceeding
two thousand dollars thereof, shall, for a limited
number of years, be expended under the direction
of the Commissioner of Indian Affairs, for provisions,
seeds, and such other articles or things as may
be useful in agricultural pursuits.
Such sum as can be usefully and beneficially applied
by the United States, annually, for twenty years,
and not to exceed three thousand dollars, in any
one year, for purposes of education; to be expended
under the direction of the Secretary of the Interior.
Three hundred dollars’ ($300) worth of powder,
per annum, for five years.
One hundred dollars’ ($100) worth shot and lead,
per annum, for five years.
One hundred dollars’ ($100) worth of gilling twine,
per annum, for five years.
One hundred dollars’ ($100) worth of tobacco,
per annum, for five years.
Hire of three laborers at Leech Lake, of two at
Lake Winnibigoshish, and of one at Cass Lake,
for five years.
Expense of two blacksmiths, with the necessary
shop, iron, steel, and tools, for fifteen years.
Two hundred dollars ($200) in grubbing-hoes and
tools, the present year.
Fifteen thousand dollars ($15,000) for opening
a road from Crow Wing to Leech Lake; to be expended
under the direction of the Commissioner of Indian
Affairs.
To have ploughed and prepared for cultivation,
two hundred acres of land, in ten or more lots,
within the reservation at Leech Lake; fifty acres,
in four or more lots, within the reservation at
Lake Winnibigoshish; and twenty-five acres, in
two or more lots within the reservation at Cass
Lake: Provided, That the Indians shall make the
rails and inclose the lots themselves.
A saw-mill, with a portable grist-mill attached
thereto, to be established whenever the same shall
be deemed necessary and advisable by the Commissioner
of Indian Affairs, at such point as he shall think
best; and which, together, with the expense of
a proper person to take charge of and operate
them, shall be continued during ten years: Provided,
That the cost of all the requisite repairs of
the said mills shall be paid by the Indians, out
of their own funds.
ARTICLE 4.
The Mississippi bands have expressed a desire
to be permitted to employ their own farmers, mechanics,
and teachers; and it is therefore agreed that
the amounts to which they are now entitled, under
former treaties, for purposes of education, for
blacksmiths and assistants, shops, tools, iron
and steel, and for the employment of farmers and
carpenters, shall be paid over to them as their
annuities are paid: Provided, however, That whenever,
in the opinion of the
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Commissioner of Indian Affairs, they fail to
make proper provision for the above-named purposes,
he may retain said amounts, and appropriate them
according to his discretion, for their education
and improvement.
ARTICLE 5.
The foregoing annuities, in money and goods,
shall be paid and distributed as follows: Those
due the Mississippi bands, at one of their reservations;
and those due the Pillager and Lake Winnibigoshish
bands, at Leech Lake; and no part of the said
annuities shall ever be taken or applied, in any
manner, to or for the payment of the debts or
obligations of Indians contracted in their private
dealings, as individuals, whether to traders or
other persons. And should any of said Indians
become intemperate or abandoned, and waste their
property, the President may withhold any moneys
or goods, due and payable to such, and cause the
same to be expended, applied, or distributed,
so as to insure the benefit thereof to their families.
If, at any time, before the said annuities in
money and goods of either of the Indian parties
to this convention shall expire, the interests
and welfare of said Indians shall, in the opinion
of the President, require a different arrangement,
he shall have the power to cause the said annuities,
instead of being paid over and distributed to
the Indians, to be expended or applied to such
purposes or objects as may be best calculated
to promote their improvement and civilization.
ARTICLE 6.
The missionaries and such other persons as are
now, by authority of law, residing in the country
ceded by the first article of this agreement,
shall each have the privilege of entering one
hundred and sixty acres of the said ceded lands,
at one dollar and twenty-five cents per acre;
said entries not to be made so as to interfere,
in any manner, with the laying off of the several
reservations herein provided for.
And such of the mixed bloods as are heads of families,
and now have actual residences and improvements
in the ceded country, shall have granted to them,
in fee, eighty acres of land, to include their
respective improvements.
ARTICLE 7.
The laws which have been or may be enacted by
Congress, regulating trade and intercourse with
the Indian tribes, to continue and be in force
within the several reservations provided for herein;
and those portions of said laws which prohibit
the introduction, manufacture, use of, and traffic
in, ardent spirits, wines, or other liquors, in
the Indian country, shall continue and be in force,
within the entire boundaries of the country herein
ceded to the United States, until otherwise provided
by Congress.
ARTICLE 8.
All roads and highways, authorized by law, the
lines of which shall be laid through any of the
reservations provided for in this convention,
shall have the right of way through the same;
the fair and just value of such right being paid
to the Indians therefor; to be assessed and determined
according to the laws in force for the appropriation
of lands for such purposes.
ARTICLE 9.
The said bands of Indians, jointly and severally,
obligate and bind themselves not to commit any
depredations or wrong upon other Indians, or upon
citizens of the United States; to conduct themselves
at all times in a peaceable and orderly manner;
to submit all difficulties between them and other
Indians to the President, and to abide by his
decision in regard to the same, and to respect
and observe the laws of the United States, so
far as the same are to them applicable. And they
also stipulate that they will settle down in the
peaceful pursuits of life, commence the cultivation
of the soil, and appropriate their means to the
erection of houses, opening farms, the education
of their children, and such other objects of improvement
and convenience, as are incident to well-regulated
society; and that they will abstain from the use
of intoxicating drinks and other vices to which
they have been addicted.
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ARTICLE 10.
This instrument shall be obligatory on the contracting
parties as soon as the same shall be ratified
by the President and the Senate of the United
States.
In testimony whereof the said George W. Manypenny,
commissioner as aforesaid, and the said chiefs
and delegates of the Mississippi, Pillager and
Lake Winnibigoshish bands of Chippewa Indians
have hereunto set their hands and seals, at the
place and on the day and year hereinbefore written.
George W. Manypenny, commissioner. [L. S.]
Tug-o-na-ke-shick, or Hole in the the Day, his
x mark. [L. S.]
Que-we-sans-ish, or Bad Boy, his x mark. [L. S.]
Waud-e-kaw, or Little Hill, his x mark. [L. S.]
I-awe-showe-we-ke-shig, or Crossing Sky, his x
mark. [L. S.]
Petud-dunce, or Rat’s Liver, his x mark. [L. S.]
Mun-o-min-e-kay-shein, or Rice Maker, his x mark.
[L. S.]
Aish-ke-bug-e-koshe, or Flat Mouth, his x mark.
[L. S.]
Be-sheck-kee, or Buffalo, his x mark. [L. S.]
Nay-bun-a-caush; or Young Man’s Son, his x mark.
[L. S.]
Mah-yah-ge-way-we-durg, or The Chorister, his
x mark. [L. S.]
Kay-gwa-daush, or The Attempter, his x mark. [L.
S.]
Caw-cang-e-we-gwan, or Crow Feather, his x mark.
[L. S.]
Show-baush-king, or He that Passeth Under Everything,
his x mark. [L. S.]
Chief delegates of the Mississippi bands.
Maug-e-gaw-bow, or Stepping Ahead, his x mark.
[L. S.]
Mi-gi-si, or Eagle, his x mark. [L. S.]
Kaw-be-mub-bee, or North Star, his x mark. [L.
S.]
Chiefs and delegates of the Pillager and Lake
Winnibigoshish bands.
Executed in the presence of—
Henry M. Rice.
Geo. Culver.
D. B. Herriman, Indian agent.
J. E. Fletcher.
John Dowling.
T. A. Warren, United States interpreter.
Paul H. Beaulieu, interpreter.
Edward Ashman, interpreter.
C. H. Beaulieu, interpreter.
Peter Roy, interpreter.
Will P. Ross, Cherokee Nation.
Riley Keys.
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