Articles of agreement
and convention made and concluded at the city
of Detroit, in the State of Michigan, this the
thirty-first day of July, one thousand eight hundred
and fifty-five, between George W. Manypenny and
Henry C. Gilbert, commissioners on the part of
the United States, and the Ottawa and Chippewa
Indians of Michigan, parties to the treaty of
March 28, 1836.
In view of the existing condition of the Ottowas
and Chippewas, and of their legal and equitable
claims against the United States, it is agreed
between the contracting parties as follows:
The United States will withdraw from sale for
the benefit of said Indians as hereinafter provided,
all the unsold public lands
within the State of Michigan embraced in the
following descriptions, to wit:
First. For the use of the six bands residing at
and near Saulte Ste. Marie, sections 13, 14, 23,
24, 25, 26, 27, and 28, in township 47 north,
range 5 west; sections 18, 19, and 30, in township
47 north, range 4 west; sections 11, 12, 13, 14,
15, 22, 23, 25, and 26, in township 47 north,
range 3 west, and section 29 in township 47 north,
range 2 west; sections 2, 3, 4, 11, 14, and 15
in township 47 north, range 2 east, and section
34 in township 48 north, range 2 east; sections
6, 7, 18, 19, 20, 28, 29, and 33 in township 45
north, range 2 east; sections 1. 12, and 13, in
township 45 north, range 1 east, and section 4
in township 44 north, range 2 east.
Second. For the use of the bands who wish to reside
north of the Straits of Macinac townships 42 north,
ranges 1 and 2 west; township 43 north, range
1 west, and township 44 north, range 12 west.
Third. For the Beaver Island Band—High Island,
and Garden Island, in Lake Michigan, being fractional
townships 38 and 39 north, range 11 west—40 north,
range 10 west, and in part 39 north. range 9 and
Fourth. For the Cross Village, Middle Village,
L’Arbrechroche and Bear Creek bands, and of such
Bay du Noc and Beaver Island Indians as may prefer
to live with them, townships 34 to 39, inclusive,
north, range 5 west—townships 34 to 38, inclusive,
north range 6 west—townships 34, 36, and 37 north,
range 7 west, and all that part of township 34
north, range 8 west, lying north of Pine River.
Fifth. For the bands who usually assemble for
payment at Grand Traverse, townships 29, 30, and
31 north, range 11 west. and townships 29, 30,
and 31 north, range 12 west, and the east half
of township 29 north, range 9 west.
Sixth. For the Grand River bands, township 12
north, range 15 west, and townships 15, 16, 17
and 18 north, range 16 west.
Seventh. For the Cheboygan band, townships 35
and 36 north, range 3 west.
Eighth. For the Thunder Bay band, section 25 and
36 in township 30 north, range 7 east, and section
22 in township 30 north, range 8 east.
Should either of the bands residing near Sault
Ste. Marie determine to locate near the lands
owned by the missionary society of the Methodist
Episcopal Church at Iroquois Point, in addition
to those who now reside there, it is agreed that
the United States will purchase as much of said
lands for the use of the Indians as the society
may be willing to sell at the usual Government
The United States will give to each Ottowa and
Chippewa Indian being the head of a family, 80
acres of land, and to each single person over
twenty-one years of age, 40 acres of land, and
to each family of orphan children under twenty-one
years of age containing two or more persons, 80
acres of land, and to each single orphan child
under twenty-one years of age, 40 acres of land
to be selected and located within the several
tracts of land hereinbefore described. under the
following rules and regulations:
Each Indian entitled to land under this article
may make his own selection of any land within
the tract reserved herein for the band to which
he may belong—Provided, That in case of two or
more Indians claiming the same lot or tract of
land, the matter shall be referred to the Indian
agent, who shall examine the case and decide between
For the purpose of determining who may be entitled
to land under the provisions of this article,
lists shall be prepared by the Indian agent, which
lists shall contain the names of all persons entitled,
designating them in four classes. Class 1st, shall
contain the names of heads of families; class
2d, the names of single persons over twenty-one
years of age; class 3d, the names of orphan children
years of age, comprising families of two or more
persons, and class 4th, the names of single orphan
children under twenty-one years of age, and no
person shall be entered in more than one class.
Such lists shall be made and closed by the first
day of July, 1856, and thereafter no applications
for the benefits of this article will be allowed.
At any time within five years after the completion
of the lists, selections of lands may be made
by the persons entitled thereto, and a notice
thereof, with a description of the land selected,
filed in the office of the Indian agent in Detroit,
to be by him transmitted to the Office of Indian
Affairs at Washington City.
All sections of land under this article must be
made according to the usual subdivisions; and
fractional lots, if containing less than 60 acres,
may be regarded as forty-acre lots, if over sixty
and less than one hundred and twenty acres, as
eighty-acre lots. Selections for orphan children
may be made by themselves or their friends, subject
to the approval of the agent.
After selections are made, as herein provided,
the persons entitled to the land may take immediate
possession thereof, and the United States will
thenceforth and until the issuing of patents as
hereinafter provided, hold the same in trust for
such persons, and certificates shall be issued,
in a suitable form, guaranteeing and securing
to the holders their possession and an ultimate
title to the land. But such certificates shall
not be assignable and shall contain a clause expressly
prohibiting the sale or transfer by the holder
of the land described therein.
After the expiration of ten years, such restriction
on the power of sale shall be withdrawn, and a
patent shall be issued in the usual form to each
original holder of a certificate for the land
described therein, Provided That such restriction
shall cease only upon the actual issuing of the
patent; And provided further That the President
may in his discretion at any time in individual
cases on the recommendation of the Indian agent
when it shall appear prudent and for the welfare
of any holder of a certificate, direct a patent
to be issued. And provided also, That after the
expiration of ten years, if individual cases shall
be reported to the President by the Indian agent,
of persons who may then be incapable of managing
their own affairs from any reason whatever, he
may direct the patents in such cases to be withheld,
and the restrictions provided by the certificate,
continued so long as he may deem necessary and
Should any of the heads of families die before
the issuing of the certificates or patents herein
provided for, the same shall issue to the heirs
of such deceased persons.
The benefits of this article will be extended
only to those Indians who are at this time actual
residents of the State of Michigan, and entitled
to participate in the annuities provided by the
treaty of March 28, 1836; but this provision shall
not be construed to exclude any Indian now belonging
to the Garden River band of Sault Ste. Marie.
All the land embraced within the tracts hereinbefore
described, that shall not have been appropriated
or selected within five years shall remain the
property of the United States, and the same shall
thereafter, for the further term of five years,
be subject to entry in the usual manner and at
the same rate per acre, as other adjacent public
lands are then held, by Indians only; and all
lands, so purchased by Indians, shall be sold
without restriction, and certificates and patents
shall be issued for the same in the usual form
as in ordinary cases; and all lands remaining
unappropriated by or unsold to the Indians after
the expiration of the last-mentioned term, may
be sold or disposed of by the United States as
in the case of all other public lands.
Nothing contained herein shall be so construed
as to prevent the appropriation, by sale, gift,
or otherwise, by the United States, of any tract
or tracts of land within the aforesaid reservations
for the location of churches, school-houses, or
for other educational purposes, and
for such purposes purchases of land may likewise
be made from the Indians, the consent of the President
of the United States, having, in every instance,
first been obtained therefor.
It is also agreed that any lands within the aforesaid
tracts now occupied by actual settlers, or by
persons entitled to pre-emption thereon, shall
be exempt from the provisions of this article;
provided, that such pre-emption claims shall be
proved, as prescribed by law, before the 1st day
of October next.
Any Indian who may have heretofore purchased land
for actual settlement, under the act of Congress
known as the Graduation Act, may sell and dispose
of the same; and, in such case, no actual occupancy
or residence by such Indians on lands so purchased
shall be necessary to enable him to secure a title
In consideration of the benefits derived to the
Indians on Grand Traverse Bay by the school and
mission established in 1838, and still continued
by the Board of Foreign Missions of the Presbyterian
Church, it is agreed that the title to three separate
pieces of land, being parts of tracts Nos. 3 and
4, of the west fractional half of section 35,
township 30 north, range 10 west, on which are
the mission and school buildings and improvements,
not exceeding in all sixty-three acres, one hundred
and twenty-four perches, shall be vested in the
said board on payment of $1.25 per acre; and the
President of the United States shall issue a patent
for the same to such person as the said board
The United States will also pay the further sum
of forty thousand dollars, or so much thereof
as may be necessary, to be applied in liquidation
of the present just indebtedness of the said Ottawa
and Chippewa Indians; provided, that all claims
presented shall be investigated under the direction
of the Secretary of the Interior, who shall prescribe
such rules and regulations for conducting such
investigation, and for testing the validity and
justness of the claims, as he shall deem suitable
and proper; and no claim shall be paid except
upon the certificate of the said Secretary that,
in his opinion, the same is justly and equitably
due; and all claimants, who shall not present
their claims within such time as may be limited
by said Secretary within six months from the ratification
of the treaty, or whose claims, having been presented,
shall be disallowed by him, shall be forever precluded
from collecting the same, or maintaining an action
thereon in any court whatever; and provided, also,
that no portion of the money due said Indians
for annuities, as herein provided, shall ever
be appropriated to pay their debts under any pretence
whatever; provided, that the balance of the amount
herein allowed, as a just increase of the amount
due for the cessions and relinquishments aforesaid,
after satifaction of the awards of the Secretary
of the Interior, shall be paid to the said Chippewas
or expended for their benefit, in such manner
as the Secretary shall prescribe, in aid of any
of the objects specified in the second article
of this treaty.
The United States will also pay to the said Indians
the sum of five hundred and thirty-eight thousand
and four hundred dollars, in manner following,
First. Eighty thousand dollars for educational
purposes to be paid in ten equal annual instalments
of eight thousand dollars each, which sum shall
be expended under the direction of the President
of the United States; and in the expenditure of
the same, and the appointment of teachers and
management of schools, the Indians shall be consulted,
and their views and wishes adopted so far as they
may be just and reasonable.
Second. Seventy-five thousand dollars to be paid
in five equal annual instalments of fifteen thousand
dollars each in agricultural implements and carpenters’
tools, household furniture and building materials,
labor, and all such articles as may be necessary
and useful for them in removing to the homes herein
provided and getting permanently settled thereon.
Third. Forty-two thousand and four hundred dollars
for the support of four blacksmith-shops for ten
Fourth. The sum of three hundred and six thousand
dollars in coin, as follows: ten thousand dollars
of the principal, and the interest on the whole
of said last-mentioned sum remaining unpaid at
the rate of five per cent. annually for ten years,
to be distributed per capita in the usual manner
for paying annuities. And the sum of two hundred
and six thousand dollars remaining unpaid at the
expiration of ten years, shall be then due and
payable, and if the Indians then require the payment
of said sum in coin the same shall be distributed
per capita in the same manner as annuities are
paid, and in not less than four equal annual instalments.
Fifth. The sum of thirty-five thousand dollars
in ten annual instalments of three thousand and
five hundred dollars each, to be paid only to
the Grand River Ottawas, which is in lieu of all
permanent annuities to which they may be entitled
by former treaty stipulations, and which sum shall
be distributed in the usual manner per capita.
The Ottawa and Chippewa Indians hereby release
and discharge the United States from all liability
on account of former treaty stipulations, it being
distinctly understood and agreed that the grants
and payments hereinbefore provided for are in
lieu and satisfaction of all claims, legal and
equitable on the part of said Indians jointly
and severally against the United States, for land,
money or other thing guaranteed to said tribes
or either of them by the stipulations of any former
treaty or treaties; excepting, however, the right
of fishing and encampment secured to the Chippewas
of Sault Ste. Marie by the treaty of June 16,
The interpreters at Sault Ste. Marie, Mackinac,
and for the Grand River Indians, shall be continued,
and another provided at Grand Traverse, for the
term of five years, and as much longer as the
President may deem necessary.
The tribal organization of said Ottawa and Chippewa
Indians, except so far as may be necessary for
the purpose of carrying into effect the provisions
of this agreement, is hereby dissolved; and if
at any time hereafter, further negotiations with
the United States, in reference to any matters
contained herein, should become necessary, no
general convention of the Indians shall be called;
but such as reside in the vicinity of any usual
place of payment, or those only who are immediately
interested in the questions involved, may arrange
all matters between themselves and the United
States, without the concurrence of other portions
of their people, and as fully and conclusively,
and with the same effect in every respect, as
if all were represented.
This agreement shall be obligatory and binding
on the contracting parties as soon as the same
shall be ratified by the President and Senate
of the United States.
In testimony whereof the said George W. Manypenny
and the said Henry C. Gilbert, commissioners as
aforesaid, and the undersigned chiefs and headmen
of the Ottawas and Chippewas, have hereto set
their hands and seals, at the city of Detroit
the day and year first above written.
Geo. W. Manypenny, [L. S.]
Henry C. Gilbert, [L. S.]
Commissioners on the part of the United States.
J. Logan Chipman,
Rich’d M. Smith,
Sault Ste. Marie Bands:
O-shaw-waw-no-ke-wain-ze, chief, his x mark. [L.
Waw-bo-jieg, chief, his x mark. [L. S.]
Kay-bay-no-din, chief, his x mark. [L. S.]
O-maw-no-maw-ne, chief, his x mark. [L. S.]
Shaw-wan, chief, his x mark. [L. S.]
Pi-aw-be-daw-sung, chief, his x mark. [L. S.]
Waw-we-gun, headman, his x mark. [L. S.]
Pa-ne-gwon, headman, his x mark. [L. S.]
Bwan, headman, his x mark. [L. S.]
Taw-meece, headman, his x mark. [L. S.]
Naw-o-ge-zhick, headman, his x mark. [L. S.]
Saw-gaw-giew, headman, his x mark. [L. S.]
Grand River Bands:
Ne-baw-nay-ge-zhick, chief, his x mark. [L. S.]
Shaw-gwaw-baw-no, chief, his x mark. [L. S.]
Aish-ke-baw-gosh, 2d chief, his x mark. [L. S.]
Nay-waw-goo, chief, his x mark. [L. S.]
Ne-be-ne-seh, chief, his x mark. [L. S.]
Waw-be-gay-kake, chief, his x mark. [L. S.]
Ke-ne-we-ge-zhick, chief, his x mark. [L. S.]
Men-daw-waw-be, chief, his x mark. [L. S.]
Maish-ke-aw-she, chief, his x mark. [L. S.]
Pay-shaw-se-gay, chief, his x mark. [L. S.]
Pay-baw-me, headman, his x mark. [L. S.]
Pe-go, chief, his x mark. [L. S.]
Ching-gwosh, chief, his x mark. [L. S.]
Shaw-be-quo-ung, chief, his x mark. [L. S.]
Andrew J. Blackbird, headman, his x mark. [L.
Ke-sis-swaw-bay, headman, his x mark. [L. S.]
Naw-te-naish-cum, headman, his x mark. [L. S.]
Grand Traverse Bands:
Aish-quay-go-nay-be, chief, his x mark. [L. S.]
Ah-ko-say, chief, his x mark. [L. S.]
Kay-quay-to-say, chief, his x mark. [L. S.]
O-naw-maw-nince, chief, his x mark. [L. S.]
Shaw-bwaw-sung, chief, his x mark. [L. S.]
Louis Mick-saw-bay, headman, his x mark. [L. S.]
May-dway-aw-she, headman, his x mark. [L. S.]
Me-tay-o-meig, chief, his x mark. [L. S.]
Me-naw-quot, headman. his x mark. [L. S.]
Little Traverse Bands:
Waw-so, chief, his x mark. [L. S.]
Mwaw-ke-we-naw, chief, his x mark. [L. S.]
Pe-taw-se-gay, headman, his x mark. [L. S.]
Ke-ne-me-chaw-gun, chief, his x mark. [L. S.]
May-tway-on-daw-gaw-she, headman, his x mark.
Me-ge-se-mong, headman. his x mark. [L. S.]
Pi-a-zhick-way-we-dong, headman, his x mark. [L.
Key-way-ken-do, headman, his x mark. [L. S.]
O-saw-waw-ne-me-ke, chief, his x mark. [L. S.]
Ke-no-zhay, headman, his x mark. [L. S.]
Peter Hanse, headman, his x mark. [L. S.]
Shaw-be-co-shing, chief, his x mark. [L. S.]
Shaw-bway-way, chief, his x mark. [L. S.]
Pe-ane, headman, his x mark. [L. S.]
Saw-gaw-naw-quaw-do, headman, his x mark. [L.
Nay-o-ge-maw, chief, (Little Traverse,) his x
mark. [L. S.]
Executed in the presence of—
Jno. M. D. Johnston,
John F. Godfroy,
Joseph F. Mursul,
G. D. Williams,
P. B. Barbeau,
A. M. Fitch,
W. H. Godfroy.
We, the undersigned chiefs and headmen of the
Chippewa Indiansn living near Sault Ste. Marie,
Mich., having had the amendments adopted by the
Senate of the United States to the treaty concluded
at Detroit on the 31st day of July, 1855, fully
explained to us and being satisfied therewith,
do hereby assent to and ratify the same.
In witness whereof we have hereunto set our hands
this 27th day of June, A. D. 1856.
Pi-aw-be-daw-sung, his x mark.
Te-gose, his x mark.
Saw-gaw-jew, his x mark.
Shaw-ano, his x mark.
Waw-bo-jick, his x mark.
Ray-bay-no-din, his x mark.
Shaw-wan, his x mark.
O-me-no-mee-ne, his x mark.
Pay-ne-gown, his x mark.
Waw-we-gown, his x mark.
Ma-ne-do-scung, his x mark.
Naw-we-ge-zhick, his x mark.
Yaw-mence, his x mark.
Bawn, his x mark.
Signed in presence of—
Jno. M. Johnston, United States Indian Interpreter.
We, the undersigned chiefs and headmen of the
Ottowa and Chippewa nation, having heard the foregoing
amendments read and explained to us by our agent,
do hereby assent to and ratify the same.
In witness whereof we have hereto affixed our
signatures this 2d day of July, A. D. 1856, at
Little Traverse, Mich.
Waw-so, his x mark.
Mwaw-ke-we-naw, his x mark.
Ne-saw-waw-quot, his x mark.
Aw-se-go, his x mark.
Ke-zhe-go-ne, his x mark.
Kain-waw-be-kiss-se, his x mark.
Pe-aine, his x mark.
Pe-taw-se-gay, his x mark.
Ke-ne-me-chaw-gun, his x mark.
May-tway-on-day-gaw-she, his x mark.
Me-ge-se-mong, his x mark.
Key-way-ken-do, his x mark.
Nay-o-ge-maw, his x mark.
In the presence of—
Henry C. Gilbert, Indian Agent,
Aug. Hamlin, Interpreter,
John F. Godfroy, Interpreter,
G. T. Wendell,
A. J. Blackbird.
We, the chiefs and headmen of the Ottowa and
Chippewa Indians residing near Grand Traverse
Bay, having heard the foregoing amendments adopted
by the Senate of the United States to the treaty
of July 31, 1855, read, and the same having been
fully explained to us by our agent, do hereby
assent to and ratify the same.
Done at Northport on Grand Traverse Bay, Mich.,
this 5th day of July, A. D. 1856.
Aish-quay-go-nay-be, his x mark.
Ah-ko-say, his x mark.
O-naw-mo-neece, his x mark.
Kay-qua-to-say, his x mark.
Peter-waw-ka-zoo, his x mark.
Shaw-bwaw-sung, his x mark.
Louis-mick-saw-bay, his x mark.
In presence of—
H. C. Gilbert, Indian agent,
J. F. Godfroy, interpreter,
Geo. N. Smith,
We, the undersigned, chiefs and headmen of the
Grand River bands of the Ottowa and Chippewa Indians
of Michigan having heard the amendments of the
Senate to the treaty of the 31st of July, 1855,
read, and the same having been fully explained
to us, do hereby assent to and ratify the same.
Done at Grand Rapids in the State of Michigan
this 31st day of July, A. D. 1856.
Caw-ba-mo-say, his x mark.
Shaw-gwaw-baw-no, his x mark.
Aish-ke-baw-gosh, his x mark.
Waw-be-gay-kake, his x mark.
Ne-ba-ne-seh, his x mark.
Ching-gwosh, his x mark.
Mash-caw, his x mark.
Gaw-ga-gaw-bwa, his x mark.
Note-eno-kay, his x mark.
Ne-baw-nay-ge-zhick, his x mark.
Pay-baw-me, his x mark.
Shaw-be-quo-ung, his x mark.
Men-daw-waw-be, his x mark.
In presence of—
John F. Godfroy, United States interpreter.
F. N. Gonfry.