War of 1812 Era · 1807

Treaty with Ottawas, etc., Nov. 17, 1807

ID T-0044

Date 1807-11-17

Articles 1

Instrument Note

Parties

United States and the Ottawa, Chippewa, Potawatomi, and Wyandot Nations

Context

Executed at Detroit on November 17, 1807. The territorial expansion into Michigan Territory required extinguishment of Indian title in the southeastern portion of present-day Michigan. Governor William Hull negotiated for the United States.

Significance

The four nations ceded a large tract of southeastern Michigan Territory, including the site of Detroit. In exchange: annuity payments and goods. The Detroit site itself had been occupied by French and British settlements for over a century; this instrument resolved the formal Indian title question for the territory surrounding it. The instrument is one of the first in the corpus to address Michigan Territory specifically.

Legal Observation

Indian title to land that had been continuously occupied by European settlements for over a century was a legal abstraction by 1807 — but it was an abstraction with real consequences for U.S. land grants and titles in the region. The treaty extinguished the abstract claim. The practical result was that U.S. land titles in the Detroit area were now legally clean.

TREATY WITH THE CHOCTAWS. 1805. laws and regulations as may be established in the circumjacent country; and the said Mingoes of the Chaktaws, request that the government of the United States may confirm the title of this reserve in the said Alzira and Sophia. Arr. II. For and in consideration of the foregoing cession on the part of the Chaktaw nation, and in full satisfaction for the same, the commissioners of the United States, do hereby covenant, and agree with the said nation in behalf of the United States, that the said States shall pay to the said nation fifty thousand five hundred dollars, for the following purposes, to wit: Forty eight thousand dollars to enable the Mingoes to discharge the debt due to their merchants and traders; and also to pay for the depre- dations committed on stock, and other property by evil disposed persons of the said Chaktaw nation; two thousand five hundred dollars to be paid to John Pitchlynn, to compensate him for certain losses sustained in the Chaktaw country, and as a grateful testimonial of the nation's esteem. And the said States shall also pay annually to the said Chak- taws, for the use of the nation, three thousand dollars in such goods (at neat cost of Philadelphia) as the Mingoes may choose, they giving at least one year's notice of such choice. Arr. III. The commissioners of the United States, on the part of the said States, engage to give to each of the three great Medal Mingoes, Pukshunubbee-Mingo, Hoomastubbee, and Pooshamattaha, five hundred dollars in consideration of past services in their nation, and also to pay to each of them an annuity of one hundred and fifty dollars during their continuance in office. It is perfectly understood, that neither of those great Medal Mingoes is to share any part of the general annuity of the nation. Arr. IV. The Mingoes, chiefs, and warriors of the Chaktaws, certify that a tract of land not exceeding fifteen hundred acres, sittuated between the Tombigbee river and Jackson’s creek, the front or river line extending down the river from a blazed white oak standing on the left bank of the Tombigbee near the head of the shoal, next above Hobukentoopa, and claimed by John M’Grew was in fact granted to the said M’Grew by Opiomingo Hesnitta, and others, many years ago, and they respectfully request the government of the United States to establish the claim of the said M’Grew to the said fifteen hundred acres. Art. V. The two contracting parties covenant and agree that the boundary as described in the second [first] article shall be ascertained and plainly marked, in such way and manner as the President of the United States may direct, in the presence of three persons to be appointed by the said nation; one from each of the great medal districts, each of whom shall receive for this service two dollars per day during his actual attendance, and the Chaktaws shall have due and seasonable notice of the place where, and time when, the opperation shall commence. Art. VI. The lease granted for establishments on the roads leading through the Chaktaw country, is hereby confirmed in all its conditions, and, except in the alteration of boundary, nothing in this instrument shall affect or change any of the pre-existing obligations of the contract- ing parties. ` Arr. VII. This treaty shall take effect and become reciprocally ob- ligatory so soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States. Consideration. Payment to certain Indians for past ser- vices. Claim of John M’ Grew. Boundaries. mer grant con- firmed. effect. Dee. 30, 1805. Proclamation, May 23, 1807. Ratified May 22, 1807. Cession to the United States, U.S. take the under their pro- tection,

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 9953–10075.