War of 1812 Era · 1809

Treaty with the Kickapoos, Dec. 9, 1809

Concluded at Detroit

ID T-0050

Date 1809-12-09

Articles 1

Instrument Note

Parties

United States and the Kickapoo Nation

Context

Executed at Vincennes on December 9, 1809. The Kickapoo had resisted participation in the Fort Wayne cession. This instrument records their separate acceptance of the cession terms, secured through additional consideration.

Significance

One article confirming Kickapoo consent to the Fort Wayne cession boundaries. The consideration: specific goods and a cash payment. The instrument is the fourth separate document arising from the Fort Wayne negotiation, each addressing a different nation's individual demands. The Kickapoo signed three months after the main treaty.

Legal Observation

The three-month gap between Fort Wayne and Kickapoo consent is significant. The Kickapoo held out. The U.S. paid more to secure their signature. The final treaty record — T-0047 through T-0050 — shows all relevant nations as consenting parties. The timeline and the separate instruments show that consent was extracted sequentially, at increasing cost, over months. That process is invisible in the main treaty text.

In presence of Return J. Meigs, Benjamin Hawkins, Danl. Smith, Jno. Smith, Andw. M:Clary, Jno. M:Clary. I certify the foregoing convention has been faithfully interpreted. CHS. HICKS, Interpreter. To the Indian names are subjoined a mark and seal. Of a convention with the Cherokee Nation. Sept. 11, 1807. Wnereas, by the first article of a convention between the United peer States and the Cherokee nation, entered into at the city of Washington, Ante, p. 101. on the seventh day of January, one thousand eight hundred and six, it was intended on the part of the Cherokee nation, and so understood by the Secretary of War, the commissioner on the part of the United States, to cede to the United States all the right, title and interest which the said Cherokee nation ever had to a tract of country contained be- tween the Tennessee river and the Tennessee ridge (so called); which tract of country had since the year one thousand seven hundred and ninety four, been claimed by the-Cherokees and the Chickasaws: the eastern boundary whereof is limited by a line so to be run from the upper part of the Chickasaw Old Fields, as to include all the waters of Elk river, any thing expressed in said convention to the contrary not- withstanding. It is therefore now declared by James Robertson and Return J. Meigs, acting under the authority of the executive of the United States, and by a delegation of Cherokee chiefs, of whom Euno- Eastern limits of the tract. granted by the treaty of Jan. 7, 1806, TREATY WITH THE CHEROKEES. 1807. lee or Black Fox, the king or head chief of said Cherokee nation, act- ing on the part of, and in behalf of said nation, is one, that the eastern limits of said ceded tract shall be bounded by a line so to be run from the upper end of the Chickasaw Old Fields, a little above the upper point of an island, called Chickasaw Island, as will most directly inter- sect the first waters of Elk river, thence carried to the Great Cumber- land mountain, in which the waters of Elk river have their source, then along the margin of said mountain untill it shall intersect lands hereto- fore ceded to the United States, at the said Tennessee ridge. And in consideration of the readiness shown by the Cherokees to explain, and to place the limits of the land ceded by the said convention out of all doubt; and in consideration of their expenses in attending council, the executive of the United States will direct that the Cherokee nation shall receive the sum of two thousand dollars, to be paid to them by their agent, at such time as the said executive shall direct, and that the Cherokee hunters, as hath been the custom in such cases, may hunt on said ceded tract, untill by the fullness of settlers it shall become im- proper. And it is hereby declared -by the parties, that this explanation ought to be considered as a just elucidation of the cession made by the first article of said convention.

Done at

the point of departure of the line at the upper end of the island, opposite to the upper part of the said Chickasaw Old Fields, the eleventh day of September, in the year one thousand eight hundred and seven. (Signed) JAS. ROBERTSON, RETURN J. MEIGS. Eunolee, or Black Fox, Richard Brown, Fauquitee, or Glass, So, wo, lo, toh, king’s brother. Falaquokoko, or Turtle at home, WITNESSES PRESENT :— hos, Freeman, Thomas Orme. To the Indian names are subjoined a mark. Made at Detroit, this seventeenth day of November, in the year of our Lord, one thousand eight hundred and seven, by William Hull, governor of the territory of Michigan, and superintendant of Indian affairs, and sole commissioner of the United States, to conclude and sign a treaty or treaties, with the several nations of Indians, north west of the river Ohio, on the one part, and the sachems, chiefs, and warriors of the Ottoway, Chippeway, Wyandotte, and Pottawatamie nations of Indians, on the other part. To confirm and perpetuate the friendship, which happily subsists between the United States and the nations aforesaid, to manifest the sincerity of that friendship, and to settle arrange- ments mutually beneficial to the parties; after a full explana- tion and perfect understanding, the following articles are agreed to, which, when ratified by the President, by and with the advice and consent of the Senate of the United States, shall be binding on them, and the respective nations of Indians. AnTicLE I. The sachems, chiefs, and warriors of the nations afore- said, in consideration of money and goods, to be paid to the said na- tions, by the government of the United States as hereafter stipulated; do hereby agree to cede, and forever qait claim, and do in behalf of their nations hereby cede, relinquish, and forever quit claim, unto the said United States, all right, title, and interest, which the said nations now have, or claim, or ever had, or claimed, in, or unto, the lands com- prehended within the following described lines and boundaries: Begin- ning at the mouth of the Miami river of the lakes, and running thence up the middle thereof, to the mouth of the great Au Glaize river, thence running due north, until it intersects a paralell of latitude, to be drawn from the outlet of lake Huron, which forms the river Sinclair; thence running north east the course, that may be found, will lead in a direct line, to White Rock, in lake Huron, thence due east, until it intersects the boundary line between the United States and Upper Canada, in said lake, thence southwardly, following the said boundary line, down said lake, through river Sinclair, lake St. Clair, and the river Detroit, into lake Erie, to a point due east of the aforesaid Miami river, thence west to the place of beginning. Arr, II. It is hereby stipulated and agreed on the part of the United States, as a consideration for the lands, ceded by the nations aforesaid, in the preceding article, that there shall be paid to the said nations, at Detroit, ten thousand dollars, in money, goods, implements of husbandry, or domestic animals, (at the option of the said nations, seasonably sig- nified, through the superintendant of Indian affairs, residing with the said nations, to the department of war,) as soon as practicable, after the ratification of the treaty, by the President, with the advice and consent of the Senate of the United States; of this sum, three thousand three hundred and thirty three dollars thirty three cents and four mills, shall be paid to the Ottaway nation, three thousand three hundred and thirty three dollars thirty three cents and four mills, to the Chippeway nation, one thousand six hundred sixty six dollars sixty six cents and six mills, Nov. 17, 1807. Proclamation, Jan. 27, 1808. Consideration. Cession. Boundaries. How the con- sideration is to be apportioned and paid. U.S. will agree to a reasonable for thé annuity, U.S. to suppl the Indians wit! blacksmiths. Indians to have the privilege of hunting, &c. on lands ceded. Reservations. Ante, p. 49. Indians ac- knowledge the protection of the U. S, TREATY WITH THE OTTAWAS, ETC. 1807. to the Wyandotte nation, one thousand six hundred sixty six dollars sixty six cents and six mills, to the Pottawatamie nation, and likewise an annuity forever, of two thousand four hundred dollars, to be paid at Detroit, in manner as aforesaid: the first payment to be made on the first day of September next, and to be paid to the different nations, in the following proportions: Eight hundred dollars to the Ottaways, eight hundred dollars to the Chippeways, four hundred dollars to the Wyan. dottes, and four hundred dollars to such of the Pottawatamies, as now reside on the river Huron of lake Erie, the river Raisin, and in the vicinity of the said rivers. Arr. III. It is further stipulated and agreed, if at any time hereafter, the said nations should be of the opinion, that it would be more for their interest, that the annuity aforesaid should be paid by instalments, the United States will agree to a reasonable commutation for the an- nuity, and pay it accordingly. Arr. IV. The United States, to manifest their liberality, and dispo- sition to encourage the said Indians, in agriculture, further stipulate, to furnish the said Indians with two blacksmiths, one to reside with the Chippeways, at Saguina, and the other to reside with the Ottaways, at the Miami, during the term of ten years; said blacksmiths are to do such work for the said nations as shall be most useful to them. Art, V. It is further agreed and stipulated, that the said Indian na- tions shall enjoy the privilege of hunting and fishing on the lands ceded as aforesaid, as long as they remain the property of the United States. Art. VI. It is distinctly to be understood, for the accommodation of the said Indians, that the following tracts of land within the cession aforesaid, shall be, and hereby are reserved to the said Indian nations, one tract of land six miles square, on the Miami of lake Erie, above Roche dé Boeuf, to include the village, where Tondaganie, (or the Dog) now lives. Also, three miles square on the said river, (above the twelve miles square ceded to the United States by the treaty of Green- ee what is called Presque Isle; also four miles square on the Miami bay, including the villages where Meshkemau and Wau-gau now live; also, three miles square on the river Raisin, at a place called Macon, and where the river Macon falls into the river Raizin, which place is about fourteen miles from the mouth of said river Ravzin; also, two sections of one mile square each, on the river Rouge, at Se- ginsiwin’s village; also two sections of one mile square each, at Ton- quish’s village, near the river Rouge; also three miles square on lake St. Clair, above the river Huron, to include Machonce’s village; also, six sections, each section containing one mile square, within the cession aforesaid, in such situations as the said Indians shall elect, subject, however, to the approbation of the President of the United States, as to the places of location. It is further understood and agreed, that whenever the reservations cannot conveniently be laid out 1n squares, they shall be laid out in paralelograms, or other figures, as found most practicable and convenient, so as to contain the area specified in miles, and in all cases they are to be located in such manner, and in such situations, as not to interfere with any improvements of the French or other white people, or any former cessions. Arr. VII. The said nations of Indians acknowledge themselves to be under the protection of the United States, and no other power, and will prove by their conduct that they are worthy of so great a blessing.

In TESTIMONY WHEREOF

, the said William Hull, and the sachems, and war chiefs representing the said nations, have hereunto set their hands and seals.

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 10399–10679.