Treaty with the Chippewa Made at the Fond du Lac of Lake Superior, 1826.

Made and concluded at the Font du Lac of Lake Superior, this fifth day of August, in the year of our Lord one thousand eight hundred and twenty-six, between Lewis Cass and Thomas L. McKenney, Commissioners on the part of the United States, and the Chippewa Tribe of Indians.

WHEREAS a Treaty was concluded at Prairie du Chien in August last, by which the war, which has been so long carried on, to their mutual distress, between the Chippewas and Sioux, was happily terminated by the intervention of the United States; and whereas, owing to the remote and dispersed situation of the Chippewas, full deputations of their different bands did not attend at Prairie du Chien, which circumstance, from the loose nature of the Indian government, would render the Treaty of doubtful obligation, with respect to the bands not represented; and whereas, at the request of the Chippewas Chiefs, a stipulation was inserted in the Treaty of Prairie du Chien, by which the United States agreed to assemble the Chippewa Tribe upon Lake Superior during the present year, in order to give full effect to the said Treaty, to explain its stipulations and to call upon the whole Chippewa tribe, assembled at their general council fire, to give their formal assent thereto, that the peace which has been concluded may be rendered permanent, therefore—

The Chiefs and Warriors of the Chippewa Tribe of Indians hereby fully assent to the Treaty concluded in August last at Prairie du Chien, and engage to observe and fulfil the stipulations thereof.

A deputation shall be sent by the Chippewas to the Treaty to be held in 1827, at Green Bay, with full power to arrange and fix the boundary line between the Chippewas and the Winnebagoes and Menomonees, which was left incomplete by the treaty of Prairie du Chien, in consequence of the non-attendance of some of the principal Menomonee Chiefs.

The Chippewa tribe grant to the government of the United States the right to search for, and carry away, any metals or minerals from any part of their country. But this grant is not to affect the title of the land, nor the existing jurisdiction over it.

It being deemed important that the half-breeds, scattered through this extensive country, should be stimulated to exertion and improvement by the possession of permanent property and fixed residences, the Chippewa tribe, in consideration of the affection they bear to these persons, and of the interest which they feel in their welfare, grant to each of the persons described in the schedule hereunto annexed, being half-breeds and Chippewas by descent, and it being understood that the schedule includes all of this description who are attached to the Government of the United States, six hundred and forty acres of land, to be located, under the direction of the President of the United States, upon the islands and shore of the St. Mary's river, wherever good land enough for this purpose can be found; and as soon as such locations are made, the jurisdiction and soil thereof are hereby ceded. It is the intention of the parties, that, where circumstances will permit, the grants be surveyed in the ancient French manner, bounding not less than six arpens, nor more than ten, upon the river, and running back for quantity; and that where this cannot be done, such grants be surveyed in any manner the President may direct. The locations for Oshauguscodaywayqua and her descendents shall be adjoining the lower part of the military reservation, and upon the head of Sugar Island. The persons to whom grants are made shall not have the privilege of conveying the same, without the permission of the President.

In consideration of the poverty of the Chippewas, and of the sterile nature of the country they inhabit, unfit for cultivation, and almost destitute of game, and as a proof of regard on the part of the United States, it is agreed that an annuity of two thousand dollars, in money or goods, as the President may direct, shall be paid to the tribe, at the Sault St. Marie. But this annuity shall continue only during the pleasure of the Congress of the United States.

With a view to the improvement of the Indian youths, it is also agreed, that an annual sum of one thousand dollars shall be appropriated to the support of an establishment for their education, to be located upon some part of the St. Mary's river, and the money to be expended under the direction of the President; and for the accommodation of such school, a section of land is hereby granted. But the payment of the one thousand dollars stipulated for in this article, is subject to the same limitation described in the preceding article.

The necessity for the stipulations in the fourth, fifth and sixth articles of this treaty could be fully apparent, only from personal observation of the condition, prospects, and wishes of the Chippewas, and the Commissioners were therefore not specifically instructed upon the subjects therein referred to; but seeing the extreme poverty of these wretched people, finding them almost naked and starving, and ascertaining that many perished during the last winter, from hunger and cold, they were induced to insert these articles. But it is expressly understood and agreed, that the fourth, fifth and sixth articles, or either of them, may be rejected by the President and Senate, without affecting the validity of the other articles of the treaty.

The Chippewa tribe of Indians fully acknowledge the authority and jurisdiction of the United States, and disclaim all connection with any foreign power, solemnly promising to reject any messages, speeches, or councils, incompatible with the interest of the United States, and to communicate information thereof to the proper agent, should any such be delivered or sent to them.

This treaty, after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties.

Done at the Fond du Lac of Lake Superior, in the territory of Michigan, the day and year above written, and of the independence of the United States the fifty-first.

In presence of— A. Edwards, secretary to the commission. E. Boardman, Captain, commanding detachment. Henry R. Schoolcraft, United States Indian agent. T. Pitcher, Assistant Surgeon, J. B. Kingsbury, Lieutenant, Second Infantry, E. A. Brush. Daniel Dingley. A. Morrison. B. Champman. Henry Connor. W. A. Levake. J. O. Lewis.

As the Chippewas who committed the murder upon four American citizens, in June, 1824, upon the shores of Lake Pepin, are not present at this council, but are far in the interior of the country, so that they cannot be apprehended and delivered to the proper authority before the commencement of the next Summer; and, as the Commissioners have been specially instructed to demand the surrender of these persons, and to state to the Chippewa tribe the consequence of suffering such a flagitious outrage to go unpunished, it is agreed, that the persons guilty of the beforementioned murder shall be brought in, either to the Sault St. Marie, or Green Bay, as early next summer as practicable, and surrendered to the proper authority; and that, in the mean time, all further measures on the part of the United States, in relation to this subject, shall be suspended.

WITNESSES— A. Edwards, secretary to the commission, E. Boardman, captain commanding detachment, Henry R. Schoolcraft, United States Indian agent. Henry Connor, interpreter.

To Oshauguscoday wagqua, wife of John Johnston, Esq., to each of her children, and to each of her grand children, one section. To Saugemauqua, widow of the late John Baptiste Cadotte, and to her children, Louison, Sophia, Archangel, Edward, and Polly, one section each. To Keneesequa, wife of Samuel Ashman, and to each of her children, one section. To Teegaushau, wife of Charles H. Oakes, and to each of her children, one section. To Thomas Shaw, son of Obimetunoqua, and to his wife Mary, being also of Indian descent, each one section. To Fanny Levake, daughter of Meeshwauqua, and to each of her children, one section. To Obayshaunoquotoqua, wife of Francis Goolay, Jr. one section. To Omuckackeence, wife of John Holiday, and to each of her children, one section. To Obimegeezhigoqua, wife of Joseph Due Chene, Jr. and to each of her children, one section. To Monedoqua, wife of Charles Cloutier, one section. To Susan Yarns, daughter of Odanbitogeezhigoqua, one section. To Henry Sayer and John Sayer, sons of Obemau unoqua, each one section. To each of the children of John Tanner, being of Chippewa descent, one section. To Wassidjeewunoqua, and to each of her children, by George Johnston, one section. To Michael Cadotte, senior, son of Equawaice, one section. To Equaysay way, wife of Michael Cadotte, senior, and to each of her children living within the United States, one section. To each of the children of Charlotte Warren, widow of the late Truman A. Warren, one section. To Mary Chapman, daughter of Equameeg, and wife of Bela Chapman, and to each of her children, one section. To Saganoshequa, wife of John H. Fairbanks, and to each of her children, one section. To Shaughunomonee, wife of William Morrison, and to each of her children, one section. To each of the children of the late Ingwaysuh, wife of Joseph Coté, one section. To each of the children of Angelique Coté, late wife of Pierre Coté, one section. To Pazhikwutoqua, wife of William Aitken, and to each of her children, one section. To Susan Davenport, grand daughter of Misquabunoqua, and wife of Ambrose Davenport, and to each of her children, one section. To Waubunequa, wife of Augustin Belanger, and to each of her children, one section. To Charlotte Louisa Morrison, wife of Allan Morrison, and daughter of Manitowidjewung, and to each of her children, one section. To each of the children of Eustace Roussain, by Shauwunaubunoqua, Wauwaussumoqua, and Payshaubunoqua, one section. To Isabella Dingley, wife of Daniel Dingley and daughter of Pime geezhigoqua, and to each of her children, one section. To George Birkhead, being a Chippewa by descent, one section. To Susan Conner, wife of Thomas Conner, and daughter of Pimegeezhigoqua, and to each of her children, one section. To the children of George Ermatinger, being of Shawnee extraction, two sections collectively. To Ossinahjeeunoqua, wife of Michael Cadotte, Jr. and each of her children, one section. To Minedemoeyah, wife of Pierre Duvernay, one section. To Ogeemaugeezhigoqua, wife of Basil Boileau, one section. To Kaukaubesheequa, wife of John Baptiste Corbeau, one section. To John Baptiste Du Chene, son of Pimegeizhigoqua, one section. To each of the children of Ugwudaushee, by the late Truman A. Warren, one section. To William Warren, son of Lyman M. Warren, and Mary Cadotte, one section. To Antoine, Joseph, Louis, Chalot, and Margaret Charette, children of Equameeg, one section. To the children of Francois Boutcher, by Waussequa, each one section. To Angelique Brabent, daughter of Waussegundum, and wife of Alexis Brabent, one section. To Odishqua, of Sault St. Marie, a Chippewa, of unmixed blood, one section. To Pamidjeewung, of Sault St. Marie, a Chippewa, of unmixed blood, one section. To Waybossinoqua, and John J. Wayishkee, children of Wayishkee, each one section.