Articles
of agreement and convention made and concluded
this thirtieth day of August, in the year of our
Lord one thousand eight hundred and thirty-one,
by and between James B. Gardiner, specially appointed
commissioner on the part of the United States,
on the one part, and the chiefs, head men and
warriors of the band of Ottoway Indians residing
within the State of Ohio on the other part, for
a cession of the several tracts of land now held
and occupied by said Indians within said State,
by reservations made under the treaty concluded
at Detroit on the 17th day of November, 1807,
and the treaty made at the foot of the rapids
of the Miami river of Lake Erie, on the 29th of
September, 1817.
WHEREAS the President of the United States, under
the authority of the act of Congress, approved
May 28, 1830, has appointed a special commissioner
to confer with the different Indian tribes residing
within the constitutional limits of the State
of Ohio, and to offer for their acceptance the
provisions of the before mentioned act: And whereas
the band of Ottoways residing on Blanchard’s fork
of the Great Auglaize river, and on the Little
Auglaize river at Oquanoxie’s village, have expressed
their consent to the conditions of said act, and
their willingness to remove west of the Mississippi,
in order to obtain a more permanent and advantageous
home for themselves and their posterity:
Therefore, in order to carry into effect the aforesaid
objects, the following articles of convention
have been agreed upon, by the aforesaid contracting
parties, which, when ratified by the President
of the United States, by and with the consent
of the Senate thereof, shall be mutually binding
upon the United States and the aforesaid band
of Ottoway Indians.
ARTICLE I.
The band of Ottoway Indians, residing on Blanchard’s
fork of the great Auglaize river, and at Oquanoxa’s
village on the Little Auglaize river, in consideration
of the stipulations herein made on the part of
the United States, do forever cede, release and
quit claim to the United States, the lands reserved
to them by the last clause of the sixth article
of the treaty made at the foot of the Rapids of
the Miami of the Lake on the 29th of September,
1817; which clause is in the following words:
“There shall be reserved for the use of the Ottoway
Indians, but not granted to them, a tract of land
on Blanchard’s fork of the Great Auglaize river,
to contain five miles square, the center of which
tract is to be where the old trace crosses the
said fork; and one other tract, to contain three
miles square on the Little Auglaize river, to
include Oquanoxa’s village,” making in said cession
twenty-one thousand seven hundred and sixty acres.
ARTICLE II.
The chiefs, head men and warriors of the band
of Ottoway Indians, residing at and near the places
called Roche de Boeuf and Wolf rapids, on the
Miami river of Lake Erie, and within the State
of Ohio, wishing to become parties to this convention,
and not being willing, at this time, to stipulate
for their removal west of the Mississippi; do
hereby agree, in consideration of the stipulations
herein made for them on the part of the United
States, to cede, release and forever quit claim
to the United States the following tracts of land,
reserved to them by the treaty made at Detroit
on the 17th day of November, 1807, to wit, the
tract of six miles square above Roche de Boeuf,
to include the village where Tondagonie (or Dog)
formerly lived; and also three miles square at
the Wolf rapids aforesaid, which was substituted
for the three miles square granted by the said
treaty of Detroit to the said Ottoways “to include
Presque Isle,” but which could not be granted
as stipulated in said treaty of Detroit, in consequence
of its collision with the grant of twelve miles
square to the United States by the treaty of Greenville;
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making in the whole cession made by this article
twenty-eight thousand one hundred and fifty-seven
acres, which is exclusive of a grant made to Yellow
Hair (or Peter Minor) by the 8th article of the
treaty at the foot of the Rapids of Miami, on
the 29th of September, 1817, and for which said
Minor holds a patent from the General Land Office
for 643 acres.
ARTICLE III.
In consideration of the cessions made in the
first article of this convention, the United States
agree to cause the band of Ottoways residing on
Blanchard’s fork, and at Oquanoxa’s village, as
aforesaid, consisting of about two hundred souls,
to be removed, in a convenient and suitable manner,
to the western side of the Mississippi river;
and will grant, by patent in fee simple, to them
and their heirs for ever, as long as they shall
exist as a nation, and remain upon the same, a
tract of land to contain thirty-four thousand
acres, to be located adjoining the south or west
line of the reservation equal to fifty miles square,
granted to the Shawnees of Missouri and Ohio on
the Kanzas river and its branches, by the treaty
made at St. Louis, November 7th, 1825.
ARTICLE IV.
The United States will defray the expense of
the removal of the said band of Ottoways, and
will moreover supply them with a sufficiency of
good and wholesome provisions to support them
for one year after their arrival at their new
residence.
ARTICLE V.
In lieu of the improvements which have been made
on the lands ceded by the first article of this
convention, it is agreed that the United States
shall advance to the Ottoways of Blanchard’s fork
and Oquanoxa’s village, the sum of two thousand
dollars, to be reimbursed from the sales of the
lands ceded by the said first article. And it
is expressly understood that this sum is not to
be paid until the said Ottoways arrive at their
new residence, and that it is for the purpose
of enabling them to erect houses and open farms
for their accommodation and subsistence in their
new country. A fair and equitable distribution
of this sum shall be made by the chiefs of the
said Ottoways, with the consent of their people,
in general council assembled, to such individuals
of their band as may have made improvements on
the lands ceded by the first article of this convention,
and may be properly entitled to the same.
ARTICLE VI.
The farming untensils, live stock and other chattel
property, which the said Ottoways of Blanchard’s
fork and Oquanoxa’s village now own, shall be
sold, under the superintendence of some suitable
person appointed by the Secretary of War; and
the proceeds paid to the owners of such property
respectively.
ARTICLE VII.
The United States will expose to sale to the
highest bidder, in the manner of selling the public
lands, the tracts ceded by the first article of
this convention, and after deducting from the
proceeds of such sales the sum of seventy cents
per acre, exclusive of the cost of surveying,
and the sum of two thousand dollars advanced in
lieu of improvements; it is agreed that the balance,
or so much thereof as may be necessary, shall
be hereby guaranteed for the payment of the debts,
which the said Ottoways of Blanchard’s fork, and
Oquanoxa’s village may owe in the State of Ohio
and the Territory of Michigan, and agree to be
due by them, as provided in the sixteenth article
of this convention; and any surplus of the proceeds
of said lands, which may still remain, shall be
vested by the President in Government stock, and
five per cent. thereon shall be paid to the said
Ottoways of Blanchard’s fork and Oquanoxa’s village,
as an annuity during the pleasure of Congress.
ARTICLE VIII.
It is agreed that the said band of Ottoways of
Blanchard’s fork and Oquanoxa’s village, shall
receive, at their new residence, a fair proportion
of the annuities due to their nation by former
treaties, which shall be apportioned under the
direction of the Secretary of War, according to
their actual numbers.
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ARTICLE IX.
The lands granted by this agreement and convention
to the said band of Ottoways residing at Blanchard’s
fork and Oquanoxa’s village shall not be sold
nor ceded by them, except to the United States.
And the United States guarantee that said lands
shall never be within the bounds of any State
or territory, nor subject to the laws thereof,
and further, that the President of the United
States will cause said band to be protected at
their new residence, against all interruption
or disturbance from any other tribe or nation
of Indians and from any other person or persons
whatever: and he shall have the same care and
superintendence over them in the country to which
they design to remove, that he now has at their
present residence.
ARTICLE X.
As an evidence of the good will and kind feeling
of the people of the United States towards the
said band of Ottoways of Blanchard’s fork and
Oquanoxa’s village; it is agreed that the following
articles shall be given them, as presents, to
wit: eighty blankets, twenty-five rifle guns,
thirty-five axes, twelve ploughs, twenty sets
of horse gears, and Russian sheeting sufficient
for tents for their whole band; the whole to be
delivered according to the discretion of the Secretary
of War.
ARTICLE XI.
In consideration of the cessions made in the
second article of this convention by the chiefs,
head men and warriors of the band of Ottoways
residing at Roche de Boeuf and Wolf rapids, it
is agreed that the United States will grant to
said band by patent in fee simple, forty thousand
acres of land, west of the Mississippi, adjoining
the lands assigned to the Ottoways of Blanchard’s
fork and Oquanoxa’s village, or in such other
situation as they may select, on the unappropriated
lands in the district of country designed for
the emigrating Indians of the United States. And
whenever the said band may think proper to accept
of the above grant, and remove west of the Mississippi,
the United States agree that they shall be removed
and subsisted by the Government in the same manner
as is provided in this convention for their brethren
of Blanchard’s fork and Oquanoxa’s village, and
they shall receive like presents, in proportion
to their actual numbers, under the direction of
the Secretary of War. It is also understood and
agreed that the said band, when they shall agree
to remove west of the Mississippi, shall receive
their proportion of the annuities due their nation
by former treaties, and be entitled in every respect
to the same privileges, advantages and protection,
which are herein extended to their brethren and
the other emigrating Indians of the State of Ohio.
ARTICLE XII.
The lands ceded by the second article of this
convention shall be sold by the United States
to the highest bidder, in the manner of selling
the public lands, and after deducting from the
avails thereof seventy cents per acre, exclusive
of the cost of surveying, the balance is hereby
guaranteed to discharge such debts of the Ottoways
residing on the river and bay of the Miami of
Lake Erie, as they may herein acknowledge to be
due, and wish to be paid. And whatever overplus
may remain of the avails of said lands, after
discharging their debts as aforesaid, shall be
paid to them in money, provided they shall refuse
to remove west of the Mississippi, and wish to
seek some other home among their brethren in the
Territory of Michigan. But should the said band
agree to remove west of the Mississippi, then
any overplus which may remain to them, after paying
their debts, shall be invested by the President,
and five per centum paid to them as an annuity,
as is provided for their brethren by this convention.
ARTICLE XIII.
At the request of the chiefs residing at Roche
de Boeuf and Wolf rapids, it is agreed that there
shall be reserved for the use of Wau be ga kake
(one of the chiefs) for three years only, from
the signing of this convention, a section of land
below and adjoining the section granted to and
occupied by Yellow Hair or Peter Minor; and also
there is reserved in like manner and for the term
of three years, and no longer, for the use of
Muck-qui-on-a, or Bearskin, one
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section and a half, below Wolf rapids, and to
include his present residence and improvements.
And it is also agreed that the said Bearskin shall
have the occupancy of a certain small island in
the Maumee river, opposite his residence, where
he now raises corn, which island belongs to the
United States, and is now unsold; but the term
of this occupancy is not guaranteed for three
years; but only so long as the President shall
think proper to reserve the same from sale. And
it is further understood, that any of the temporary
reservations made by this article, may be surveyed
and sold by the United States, subject to the
occupancy of three years, hereby granted to the
aforesaid Indians.
ARTICLE XIV.
At the request of the chiefs of Roche de Boeuf
and Wolf rapids, there is hereby granted to Hiram
Thebeault (a half blooded Ottoway,) a quarter
section of land, to contain one hundred and sixty
acres and to include his present improvements
at the Bear rapids of the Miami of the Lake. Also,
one quarter section of land, to contain like quantity,
to William McNabb, (a half blooded Ottoway,) to
adjoin the quarter section granted to Hiram Thebeault.
In surveying the above reservations, no greater
front is to be given on the river, than would
properly belong to said quarter sections, in the
common manner of surveying the public lands.
ARTICLE XV.
At the request of the chiefs of Roche de Beouf
and Wolf rapids, there is granted to the children
of Yellow Hair, (or Peter Minor,) one half section
of land, to contain three hundred and twenty acres,
to adjoin the north line of the section of land
now held by said Peter Minor, under patent from
the President of the United States, bearing date
the 24th of November, 1827, and the lines are
not to approach nearer than one mile to the Miami
river of the Lake.
ARTICLE XVI.
It is agreed by the chiefs of Blanchard’s fork
and Oquanoxa’s village, and the chiefs of Roche
de Boeuf and Wolf rapids, jointly, that they are
to pay out of the surplus proceeds of the several
tracts herein ceded by them, equal proportions
of the claims against them by John E. Hunt, John
Hollister, Robert A. Forsythe, Payne C. Parker,
Peter Minor, Theodore E. Phelps, Collister Haskins
and S. and P. Carlan. The chiefs aforesaid acknowledge
the claim of John E. Hunt to the amount of five
thousand six hundred dollars; the claim of John
Hollister to the amount of five thousand six hundred
dollars; the claim of Robert A. Forsythe to the
amount of seven thousand five hundred and twenty-four
dollars, in which is included the claims assigned
to said Forsythe by Isaac Hull, Samuel Vance,
A. Peltier, Oscar White and Antoine Lepoint. They
also allow the claim of Payne C. Parker to the
amount of five hundred dollars; the claim of Peter
Minor to the amount of one thousand dollars; the
claim of Theodore E. Phelps to the amount of three
hundred dollars; the claim of Collister Haskins
to the amount of fifty dollars, but the said Haskins
claims fifty dollars more as his proper demand:
and the claim of S. and P. Carlan to the amount
of three hundred and ninety-eight dollars and
twenty-five cents. The aforesaid chiefs also allow
the claim of Joseph Laronger to the amount of
two hundred dollars, and the claim of Daniel Lakin
to the amount of seventy dollars. Notwithstanding
the above acknowledgments and allowances, it is
expressly understood and agreed by the respective
parties to this compact, that the several claims
in this article, and the items which compose the
same, shall be submitted to the strictest scrutiny
and examination of the Secretary of War, and the
accounting officers of the Treasury Department,
and such amount only shall be allowed as may be
found just and true.
ARTICLE XVII.
On the ratification of this convention, the privileges
of every description, granted to the Ottoway nation
within the State of Ohio, by the treaties under
which they hold the reservations of land herein
ceded, shall forever cease and determine.
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ARTICLE XVIII.
Whenever the deficiency of five hundred and eighty
dollars, which accrued in the annuities of the
Ottoways for 1830, shall be paid, the parties
to this convention, residing on Blanchard’s fork
and Oquanoxa’s village, shall receive their fair
and equitable portion of the same, either at their
present or intended residence.
ARTICLE XIX.
The chiefs signing this convention, also agree,
in addition to the claims allowed in the sixteenth
article thereof, that they owe John Anderson two
hundred dollars; and Francis Lavoy two hundred
dollars.
ARTICLE XX.
It is agreed that there shall be allowed to Nau-on-quai-que-zhick,
one hundred dollars, out of the surplus fund accruing
from the sales of the lands herein ceded, in consequence
of his not owing any debts, and having his land
sold, to pay the debts of his brethren.
In testimony whereof, the aforesaid parties to
this convention, have hereunto set their hands
and seals at the Indian reserve on the Miami bay
of lake Erie, the day and year above written.
James B. Gardiner, [L. S.]
Ar-taish-nai-wau, his x mark, [L. S.]
O-quai naas-a, his x mark, [L. S.]
Os-cha-no, or Charlo, his x mark, [L. S.]
Quacint, his x mark, [L. S.]
Waw-ba-ga-cake, his x mark, [L. S.]
Che-cauk, his x mark, [L. S.]
Peton-o-quet, his x mark, [L. S.]
Oshaw-wa-non, his x mark, [L. S.]
Pe-nais-we, his x mark, [L. S.]
Nau-qua-ga-sheek, his x mark, [L. S.]
Pe-nais-won-quet, his x mark, [L. S.]
Pe-she-keinee, his x mark, [L. S.]
Cum-chaw, (Blanchard’s fork,) his x mark, [L.
S.]
Cum-chaw, (Wolf rapids,) his x mark, [L. S.]
Sus-sain, his x mark, [L. S.]
Ca-ba-yaw, his x mark, [L. S.]
O-sho-quene, his x mark, [L. S.]
Muc-co-tai-pee-nai-see, his x mark, [L. S.]
O-sage, his x mark, [L. S.]
Pan-tee, his x mark, [L. S.]
Me-sau-kee, his x mark, [L. S.]
O-mus-se-nau, his x mark, [L. S.]
Non-dai-wau, his x mark, [L. S.]
E-au-vaince, his x mark, [L. S.]
Signed and sealed in presence of
Wm. Walker, Secretary to Commissioner,
R. A. Forsyth, Sub. Agent of Indian Affairs.
Levi S. Humphrey,
James H. Forsyth,
William Wilson,
Henry Conner, Sub-Agent,
John Anderson,
John McDouell,
Dan. B. Miller,
Lambert Cauchois,
Geo. B. Knaggs,
J. J. Godfroy.
I do hereby certify that each article of the
foregoing convention was fairly interpreted and
fully explained by me to the chiefs, head men,
and warriors, who have signed the same.
Henry Conner, Interpreter.
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