Articles
of a treaty made and concluded near the mouth
of the Mississinewa, upon the Wabash, in the State
of Indiana, this sixteenth day of October, in
the year of our Lord one thousand eight hundred
and twenty-six, between Lewis Cass, James B. Ray,
and John Tipton, Commissioners on the part of
the United States, and the Chiefs and Warriors
of the Potawatamie Tribe of Indians.
ARTICLE 1.
The Potawatamie tribe of Indians cede to the
United States their right to all the land within
the following limits: Beginning on the Tippecanoe
river, where the Northern boundary of the tract
ceded by the Potawatamies to the United States
by the treaty of St. Mary’s, in the year of our
Lord one thousand eight hundred and eighteen intersects
the same; thence, in a direct line, to a point
on Eel river, half way between the mouth of the
said river and Pierish’s village; thence up Eel
River, to Seek’s village, near the head thereof;
thence, in a direct
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line, to the mouth of a creek emptying into the
St. Joseph’s of the Miami, near Metea’s village;
thence, up the St. Joseph’s, to the boundary line
between the States of Indiana and Ohio; thence,
South to the Miami; thence, up the same, to the
reservation at Fort Wayne; thence, with the lines
of the said reservation, to the boundary established
by the treaty with the Miamies in one thousand
eight hundred and eighteen; thence, with the said
line, to the Wabash river; thence, with the same
river, to the mouth of the Tippecanoe river; and
thence, with the said Tippecanoe river, to the
place of beginning. And the said tribe also cede
to the United States, all their right to land
within the following limits; Beginning at a point
upon Lake Michigan, ten miles due north of the
southern extreme thereof: running thence, due
east, to the land ceded by the Indians to the
United States by the treaty of Chicago; thence,
south, with the boundary thereof, ten miles; thence,
west, to the southern extreme of Lake Michigan;
thence, with the shore thereof, to the place of
beginning.
ARTICLE 2.
As an evidence of the attachment which the Potawatamie
tribe feel towards the American people, and particularly
to the soil of Indiana, and with a view to demonstrate
their liberality, and benefit themselves by creating
facilities for travelling and increasing the value
of their remaining country, the said tribe do
hereby cede to the United States, a strip of land,
commencing at Lake Michigan, and running thence
to the Wabash river, one hundred feet wide, for
a road, and also, one section of good land contiguous
to the said road, for each mile of the same, and
also for each mile of a road from the termination
thereof, through Indianapolis to the Ohio river,
for the purpose of making a road aforesaid from
Lake Michigan, by the way of Indianapolis, to
some convenient point on the Ohio river. And the
General Assembly of the State of Indiana shall
have a right to locate the said road, and to apply
the said sections, or the proceeds thereof, to
the making of the same, or any part thereof; and
the said grant shall be at their sole disposal.a
ARTICLE 3.
In consideration of the cessions in the first
article, the United States agree to pay to the
Potawattamie tribe, an annuity of two thousand
dollars in silver, for the term of twenty-two
years, and also to provide and support a black-smith
for them at some convenient point; to appropriate,
for the purposes of education, the annual sum
of two thousand dollars, as long as the Congress
of the United States may think proper, to be expended
as the President may direct; and also, to build
for them a mill, sufficient to grind corn, on
the Tippecanoe river, and to provide and support
a miller; and to pay them annually one hundred
and sixty bushels of salt; all of which annuities,
herein specified, shall be paid by the Indian
Agent at Fort Wayne.
ARTICLE 4.
The Commissioners of the United States have caused
to be delivered to the Potawatamie tribe, goods
to the value of thirty thousand five hundred and
forty-seven dollars and seventy-one cents in goods,
in consideration of the cessions in the first
article of this treaty. Now, therefore, it is
agreed, that, if this treaty should be ratified
by the President and Senate of the United States,
the United States shall pay to the persons named
in the schedule this day transmitted to the War
Department, and signed by the Commissioners, the
sums affixed to
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their names respectively, for goods furnished
by them, and amounting to the said sum of thirty
thousand five hundred and forty-seven dollars
and seventy-one cents, and also, to the persons
who may furnish the said further sum, the amount
of nine hundred dollars thus furnished. And it
is also agreed, that payment for all these goods
shall be made by the Potawatamie tribe out of
their annuity, if this treaty should not be ratified
by the United States.
ARTICLE 5.
The Potawatamie tribe being anxious to pay certain
claims existing against them, it is agreed, as
a part of the consideration for the cessions in
the first article, that these claims, which are
stated in a schedule this day signed by the Commissioners,
and transmitted to the War Department, and amounting
to the sum of nine thousand five hundred and seventy-three
dollars.
ARTICLE 6.
The United States agree to grant to each of the
persons named in the schedule hereunto annexed,
the quantity of land therein stipulated to be
granted; but the land, so granted, shall never
be conveyed by either of the said persons, or
their heirs, without the consent of the President
of the United States; and it is also understood,
that any of these grants may be expunged from
the schedule, by the President or Senate of the
United States, without affecting any other part
of the treaty.
ARTICLE 7.
The Potawatamie Indians shall enjoy the right
of hunting upon any part of the land hereby ceded,
as long as the same shall remain the property
of the United States.
ARTICLE 8.
The President and Senate of the United States
may reject any article of this treaty, except
those which relate to the consideration to be
paid for the cessions of the land; and such rejection
shall not affect any other part of the treaty.
ARTICLE 9.
This treaty, after the same shall be ratified
by the President and Senate, shall be binding
upon the United States.
In testimony whereof, the said Lewis Cass, James
B. Ray, and John Tipton, commissioners as aforesaid,
and the chiefs and warriors of the said Potawatamie
tribe have hereunto set their hands, at the Wabash,
on the sixteenth day of October, in the year of
our Lord one thousand eight hundred and twenty-six,
and of the independence of the United States the
fifty-first.
Lewis Cass,
J. Brown Ray,
John Tipton.
Chiefs:
Topenibe, his x mark,
Gebaus, his x mark,
Toisoe, his x mark,
Metea, his x mark,
Aubenaube, his x mark,
Ashkom, his x mark,
Penashshees, his x mark,
Pecheco, his x mark,
Waupaukeeno, his x mark,
Pashpo, his x mark,
Kasha, his x mark,
Pierish, his x mark,
Penamo, his x mark,
Nasawauka, his x mark,
Mauxa, his x mark,
Makose, his x mark,
Shaupatee, his x mark,
Noshaweka, his x mark,
Menauquet, his x mark,
Wimeko, his x mark,
Saukena, his x mark,
Kepeaugun, his x mark,
Menomonie, his x mark,
Shokto, his x mark,
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Shapeness, his x mark,
Motiel, his x mark,
Kauk, his x mark,
Ackkushewa, his x mark,
Mukkose, his x mark,
Shaquinon, his x mark,
Waupsee, his x mark,
Jekose, his x mark,
Nequoquet, his x mark,
Waubonsa, his x mark,
Wasaushuck, his x mark,
Shaauquebe, his x mark,
Psakauwa, his x mark,
Kaukaamake, his x mark,
Shekomak, his x mark,
Makasess, his x mark,
No-ne, his x mark,
Shepshauwano, his x mark,
Mesheketeno, his x mark,
Squawbuk, his x mark,
Maunis, his x mark,
Jequaumkogo, his x mark,
Kewaune, his x mark,
Ahnowawausa, his x mark,
Louison, his x mark,
Washeone, his x mark,
Shakauwasee, his x mark,
Paskauwesa, his x mark,
Nauksee, his x mark,
Mukkose, his x mark,
Chechaukkose, his x mark,
Louison, his x mark,
Meshekaunau, his x mark,
Menno, his x mark,
Showaukau, his x mark,
Kaukaukshee, his x mark,
Pashshepowo, his x mark,
Mowekatso, his x mark,
Done in presence of—
William Marshall, secretary to the commission,
J. M. Ray, assistant secretary to the commission,
Jno. Ewing, Senator, State of Indiana,
Benj. B. Kercheval, sub-agent,
William Conner, interpreter,
Joseph Barron, interpreter,
Henry Conner, interpreter,
Josiah F. Polk,
Felix Hinchman,
Isaac McCoy,
D. G. Jones,
Samuel Hanna, member of the legislature,
Martin M. Ray, member of the legislature.
James Conner, interpreter,
James Foster,
James Gregory, Senator of Indiana,
O. L. Clark,
C. W. Ewing,
J. D. Dorsey,
Lewis G. Thompson.
Schedule of grants referred to in the foregoing
Treaty.
To Abraham Burnett, three sections of land; one
to be located at and to include Wynemac’s village,
the centre of the line on the Wabash to be opposite
that village, and running up and down the river
one mile in a direct line, and back for quantity;
the two other sections, commencing at the upper
end of the Prairie, opposite the mouth of the
Passeanong creek, and running down two miles in
a direct line, and back, for quantity.
To Nancy Burnett, Rebecca Burnett, James Burnett,
and William Burnett, each one section of land,
to be located under the direction of the President
of the United States; which said Abraham, Nancy,
Rebecca and James, are the children, and the said
William is the grand-child of Kaukeama, the sister
of Topenibe, the principal Chief of the Potawatamie
tribe of Indians.
To Eliza C. Kercheval, one section on the Miami
river, commencing at the first place where the
road from Fort Wayne to Defiance strikes the Miami
on the north side thereof, about five miles below
Fort Wayne, and from that point running half a
mile down the river, and half a mile up the river,
and back for quantity.
To James Knaggs, son of the sister of Okeos, Chief
of the river Huron Potawatamies, one half section
of land upon the Miami, where the boundary line
between Indiana and Ohio crosses the same.
To the children of Joseph Barron, a relation of
Richardville, principal Chief of the Miamies,
three sections of land, beginning at the mouth
of Eel River, running three miles down the Wabash
in a direct line, thence back for quantity.
To Zachariah Cicott, who is married to an Indian
woman, one section of land, below and adjoining
Abraham Burnett’s land, and to be located in the
same way.
To Baptiste Cicott, Sophi Cicott, and Emelia Cicott,
children of Zachariah Cicott, and an Indian woman,
one half section each, adjoining and below the
section granted to Zachariah Cicott.
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To St. Luke Bertrand and Julia Ann Bertrand,
children of Madeline Bertrand, a Potawatamie woman,
one section of land, to be located under the direction
of the President of the United States.
To the children of Stephen Johnson, killed by
the Potawatamie Indians, one half section of land,
to be located under the direction of the President
of the United States.
To each of the following persons, Indians by birth,
and who are now, or have been, scholars in the
Carey Mission School, on the St. Joseph’s, under
the direction of the Rev. Isaac M’Coy, one quarter
section of land, to be located under the direction
of the President of the United States; that is
to say: Joseph Bourissa, Noaquett, John Jones,
Nuko, Soswa, Manotuk, Betsey Ash, Charles Dick,
Susanna Isaacs, Harriet Isaacs, Betsey Plummer,
Angelina Isaacs, Jemima Isaacs, Jacob Corbly,
Konkapot, Celicia Nimham, Mark Bourissa, Jude
Bourissa, Annowussau, Topenibe, Terrez, Sheshko,
Louis Wilmett, Mitchel Wilmett, Lezett Wilmett,
Esther Baily, Roseann Baily, Eleanor Baily, Quehkna,
William Turner, Chaukenozwoh, Lazarus Bourissa,
Achan Bourissa, Achemukquee, Wesauwau, Peter Moose,
Ann Sharp, Joseph Wolf, Misnoqua, Pomoqua, Wymego,
Cheekeh, Wauwossemoqua, Meeksumau, Kakautmo, Richard
Clements, Louis M’Neff, Shoshqua, Nscotenama,
Chikawketeh, Mnsheewoh, Saugana, Msonkqua, Mnitoqua,
Okutcheek, Naomi G. Browning, Antoine, St. Antoine,
Mary; being in all fifty-eight.
To Jane Martin and Betsey Martin, of Indian descent,
each one section of land, to be located under
the direction of the President of the United States.
To Mary St. Combe, of Indian descent, one quarter
section of land, to be located under the direction
of the President of the United States.
To Francois Duquindre, of Indian descent, one
section of land, to be located under the direction
of the President of the United States.
To Baptiste Jutreace, of Indian descent, one half
section of land, to be located under the direction
of the President of the United States.
To John B. Bourie, of Indian descent, one section
of land, to be located on the Miami river, adjoining
the old boundary line below Fort Wayne.
To Joseph Parks, an Indian, one section of land,
to be located at the point where the boundary
line strikes the St. Joseph’s, near Metea’s village.
To George Cicott, a Chief of the Potawatamies,
three sections and a half of land; two sections
and a half of which to be located on the Wabash,
above the mouth of Crooked creek, running two
miles and a half up the river, and back for quantity,
and the remaining section at the Falls of Eel
river, on both sides thereof.
To James Conner, one section of land; to Henry
Conner, one section; and to William Conner, one
section; beginning opposite the upper end of the
Big Island, and running three miles in a direct
line down the Wabash, and back for quantity.
To Hyacinth Lassel, two sections of land, to be
located under the direction of the President of
the United States.
To Louison, a half Potawatamie, two sections of
land, to be located under the direction of the
President of the United States.
Lewis Cass,
J. Brown Ray,
John Tipton.
OCTOBER 16, 1826.
NOTE.—The Senate, in ratifying the foregoing
treaty, excepted the words in Art. 2 which are
printed in italics, and expressed their understanding
that the meaning of Art. 5 is, that the money
therein mentioned shall be paid by the United
States to the individuals named in the schedule
referred to therein
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