War of 1812 Era · 1803

Treaty with the Kaskaskias, 1803

ID T-0029

Date 1803-08-13

Articles 1

Instrument Note

Parties

United States and the Kaskaskia Nation

Context

Executed at Vincennes on August 13, 1803. The Kaskaskia were a small nation of the Illinois confederacy whose population had been catastrophically reduced by disease and warfare. By 1803, the nation numbered perhaps a few hundred people. This instrument addressed the status of Kaskaskia lands in the territory of present-day Illinois.

Significance

The Kaskaskia ceded all their claims to territory east of the Mississippi River in exchange for: an annuity of $1,000 annually for life of the nation, a one-time payment of goods, 350 acres reserved in fee simple for the Kaskaskia people near the Kaskaskia River, and — notably — $100 annually for seven years 'towards the support of a priest of that religion' (Catholic), plus $300 for building a church. The inclusion of church support in a federal treaty raises Establishment Clause issues that were not addressed at the time.

Legal Observation

The church support clause — $100 per year to a Catholic priest, $300 for church construction — is one of the few instances of explicit religious support in this treaty corpus. The First Amendment was ratified in 1791. The Kaskaskia treaty was 1803. The Jefferson administration, which was simultaneously asserting the 'wall of separation' in correspondence, executed a treaty with direct federal support for a specific religious denomination.

TREATY WITH THE DELAWARES, ETC. 1803. kias by their agents and representatives Tuthinipee, Winnemac, Richer- ville and Little Turtle (who are properly authorised by the said tribes) of the other part.

ARTICLE I

st. Whereas it is declared by. the fourth article of the treaty of Greenville, that the United States reserve for their use the post of St. Vincennes and all the lands adjacent to which the Indian titles had been extinguished: And whereas, it has been found difficult to determine the precise limits of the said tract as held by the French and British governments: it is hereby agreed, that the boundaries of the said tract shall be as follow: Beginning at Point Coupee on the Wabash, and running thence by a line north seventy-eight degrees, west twelve miles, thence by a line parallel to the general course of the Wabash, until it shall be intersected by a line at right angles to the same, passing through the mouth of White river, thence by the last mentioned line across the Wabash and towards the Ohio, seventy-two miles, thence by a line north twelve degrees west, until it shall be intersected by a line : at right angles to the same, passing through Point Coupee, and by the last mentioned line to the place of beginning. Arr. 2d. The United States hereby relinquish all claim which they may have had to any lands adjoining to or in the neighbourhood of the tract above described. Arr. 3d. As a mark of their regard and attachment to the United States, whom they acknowledge for their only friends and protectors, and for the consideration herein after mentioned, the said tribes do hereby relinquish and cede to the United States the great salt spring upon the Saline creek which falls into the Ohio below the mouth of the Wabash, with a quantity of land surrounding it, not exceeding four miles square, and which may be laid off in a square or oblong as the one or the other may be found most convenient to the United States: And the said United States being desirous that the Indian tribes should participate in the benefits to be derived from the said spring, hereby engage to deliver yearly and every year for the use of the said Indians, a quantity of salt not exceeding one hundred and fifty bushels, and which shall be divided among the several tribes in such manner as the general council of the chiefs may determine. Arr. 4th. For the considerations before mentioned and for the con- venience which the said tribes will themselves derive from such estab- lishments it is hereby agreed that as soon as the tribes called the Kick- apoos, Eel River, Weeas, Piankashaws and Kaskaskias shall give their consent to the measure, the United States shall have the right of locating three tracts of lands (of such size as may be agreed upon with the last mentioned tribes) on the main road between Vincennes and Kaskaskias, and one other between Vincennes and Clarksville for the purpose of erecting houses of entertainment for the accommodation of travellers. But it is expressly understood that if the said locations are made on an of the rivers, which cross the said road, and ferries should be established on the same, that in times of high water any Indian or Indians belonging to either of the tribes who are parties to this treaty shall have the privi- lege of crossing such ferry toll free. Arr. 5th. Whereas there is reason to believe that if the boundary lines of the tract described in the first article should be run in the manner therein directed, that some of the settlements and locations of land made by the citizens of the United States will fall in the Indian country—It is hereby agreed that such alterations shall be made in the direction of these lines as will include them; and a quantity of land Boundaries of to the U. S. de- scribed, Ante, p. 51. U. S. give u all claim to ad- joining lands. Salt sprin &c. celad (d U. S. U. S. engage to deliver for the use of the In- dians a certain quantity of salt yearly. Grant to U. S. of sites for three houses of enter- tainment, Provision for future altera- tions of the boundary. TREATY WITH THE DELAWARES, ETC. 1803, equal in quantity to what may be thus taken shall be given to the said tribes either at the east or the west end of the tract.

In TESTIMONY WHEREOF

, The commissioner of the United States and the chiefs and warriors of the Delawares, Shawanoes, Putawa- timies, Miamies and Kickapoos, and those of the Eel River, Weeas, Piankashaws, and Kaskaskias, by their agents and representatives, Tuthinipee, Winnemac, Richerville, and the Little Turtle, who are properly authorised by the said tribes, have hereunto subscribed their names and affixed their seals at Fort Wayne, this seventh day of June, in the year of our Lord one thousand eight hundred and three, and of the independence of the United States, the twenty- seventh, WILLIAM HENRY HARRISON. Miamies. Richerville, On behalf of themselves and Eel River, Me-she-kun-nogh-quoh, (or ‘Weeas, Piankashaws and Kaskaskias, whom Little Turtle.) they represent. Kickapoos. Nah-mah-to-hah, (or Standing,) Pas-she-we-hah, (or Cat.) Shawanoese. Neahnemsiceh. Pulawatimies. Tuthinipee, On behalf of the Putawatimies and Eel River, Weeas, Winnemac. Piankashaws and Kaskaskias, whom they represent. Wannangsea or Five Meddals, Kee-saas, (or Sun,) Delawares. Teta Buxike, Hockingpomskenn, Bu-kon-ige-helas, Kechkawhanund. Shawanoese. Cu-the-we-ka-saw, or Black Hoof, Methawnasice, Signed, sealed and delivered in the presence of, Jno. Rice Jones, Secretary to the Commissioner. Jno. Gibson, Secretary Indiana Territory. Tho. Pasteur, Capt. first regt. Infantry. William Wells, Interpreter. Jno. Johnston, U. S. Factor. Hendrick Aupaumut, Chief of Muhhecon. Thomas Freeman. The proceedings at the within treaty were faithfully interpreted by us, John Gibson and William Wells; that is, for the Delawares, John Gibson, and for the rest of the tribes, William Wells. JOHN GIBSON, WILLIAM WELLS. To the Indian names are subjoined a mark and seal. AT A COUNCIL Holden at Vincennes on the seventh day of August, one thousand eight hundred and three, under the direction of William Henry Harrison, governor of the Indiana territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian nations north west of the river Ohio, at which were present the chiefs and warriors of the Eel River, Wyandot, Piankashaw and Kaskaskia nations, and also the tribe of the Kikapoes, by their representatives, the chiefs of the Eel River nation. Tue fourth article of the treaty holden and concluded at Fort Wayne, on the seventh day of June, one thousand eight hundred and three, being considered, the chiefs and warriors of the said nations give their free and full consent to the same, and they do hereby relinquish and confirm to the United States the privilege and right of locating three several tracts of land of one mile square each, on the road leading from Vincennes to Kaskaskia, and also one other tract of land of one mile square on the road leading from Vincennes to Clarksville; which loca- tions shall be made in such places on the aforesaid roads as shall best comport with the convenience and interest of the United States in the establishment of houses of entertainment for the accommodation of travellers.

In witness wHEREOF

, The said William Henry Harrison, and the said chiefs and warriors of the before mentioned nations and tribe of Indians, have hereunto set their hands and affixed their seals the day and year first above written. WILLIAM HENRY HARRISON. Ke Tunga or Charly, Little Eyes, Akeketa or Ploughman, Grosble or Big Corn, Puppequon or Gun, Black Dog, La Boussier, Ducoigne, Saconquaneva or Tired Legs, Pedegogue, Signed, sealed and delivered in the presence of us, Jno. Rice Jones, B. Parker, Joseph Barron, Interpreter. To the Indian names are subjoined a mark and seal, Aug. 7, 1803, Proclam ation, Dec. 23, 1803. Right given to U.S. of locating certain land. Ante, p. 74, Aug. 13, 1803. Proclamation, Dec. 33, 1803. Cession to the United States. U. S. to take the Kaskaskias under their pro- tection, &c. Former an- nuity to be in- creased ; how to be paid. the chief to be built, and a field for the tribe to be enclosed. Between the United States of America and the Kaskaskia Tribe of Indians. Arricuzs of a treaty made at Vincennes in the Indiana territory, between William Henry Harrison, governor of the said territory, super- intendent of Indian affairs and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the river Ohio of the one part, and the head chiefs and warriors of the Kaskaskia tribe of Indians so called, but which tribe is the remains and rightfully re- present all the tribes of the Illinois Indians, originally called the Kas- kaskia, Mitchigamia, Cahokia and Tamaroi of the other part: Arricie Ist. Whereas from a variety of unfortunate circumstances the several tribes of Illinois Indians are reduced to a very small number, the remains of which have been long consolidated and known by the name of the Kaskaskia tribe, and finding themselves unable to occupy the extensive tract of country which of right belongs to them and which was possessed by their ancestors for many generations, the chiefs and warriors of the said tribe being also desirous of procuring the means of improvement in the arts of civilized life, and a more certain and effec- tual support for their women and children, have, for the considerations hereinafter mentioned, relinquished and by these presents do relinquish and cede to the United States all the lands in the Illinois country, which the said tribe has heretofore possessed, or which they may rightfully claim, reserving to themselves however tbe tract of about three hundred and fifty acres near the town of Kaskaskia, which they have always held and which was secured to them by the act of Congress of the third day of March, one thousand seven hundred and ninety-one, and also the right of locating one other tract of twelve hundred and eighty acres within the bounds of that now ceded, which two tracts of land shall remain to them forever. Arrt. 2d. The United States will take the Kaskaskia tribe under their immediate care and patronage, and will afford them a protection as effectual against the other Indian tribes and against all other persons whatever as is enjoyed by their own citizens. And the said Kaskaskia tribe do hereby engage to refrain from making war or giving any insult or offence to any other Indian tribe or to any foreign nation, without having first obtained the approbation and consent of the United States. Art. 3d. The annuity heretofore given by the United States to the said tribe shall be increased to one thousand dollars, which is to be paid to them either in money, merchandize, provisions or domestic animals, at the option of the said tribe: and when the said annuity or any part thereof is paid in merchandize, it is to be delivered to them either at Vincennes, Fort Massac or Kaskaskia, and the first cost of the goods in the sea-port where they may be procured is alone to be charged to the said tribe free from the cost of transportation, or any other contin- gent expence. Whenever the said tribe may choose to receive money, provisions or domestic animals for the whole or in part of the said annuity, the same shall be delivered at the town of Kaskaskia. The United States will also cause to be built a house suitable for the accom- modation of the chief of the said tribe, and will enclose for their use a

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 7675–8012.