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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/17148-h.zip b/17148-h.zip Binary files differnew file mode 100644 index 0000000..cea4ffc --- /dev/null +++ b/17148-h.zip diff --git a/17148-h/17148-h.htm b/17148-h/17148-h.htm new file mode 100644 index 0000000..5a3c3d4 --- /dev/null +++ b/17148-h/17148-h.htm @@ -0,0 +1,1299 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html> +<head> +<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> +<title>The Project Gutenberg eBook of Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana, by C. C. Royce</title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + p { margin-top: .75em; + text-align: justify; + margin-bottom: .75em; + } + h1,h2,h3,h4,h5,h6 { + text-align: center; /* all headings centered */ + clear: both; + } + hr { width: 33%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; + } + + table {margin-left: auto; margin-right: auto;} + + body{margin-left: 10%; + margin-right: 10%; + } + + .linenum {position: absolute; top: auto; left: 4%;} /* poetry number */ + .blockquot{margin-left: 5%; margin-right: 10%;} + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right;} /* page numbers */ + + .bb {border-bottom: solid 2px;} + .bl {border-left: solid 2px;} + .bt {border-top: solid 2px;} + .br {border-right: solid 2px;} + .bbox {border: solid 2px;} + + .center {text-align: center;} + .smcap {font-variant: small-caps;} + .u {text-decoration: underline;} + + .caption {font-weight: bold;} + + .figcenter {margin: auto; text-align: center;} + + hr.full { width: 100%; } + pre {font-size: 75%;} + // --> + /* XML end ]]>*/ + </style> +</head> +<body> +<h1>The Project Gutenberg eBook, Cessions of Land by Indian Tribes to the +United States: Illustrated by Those in the State of Indiana, by C. C. Royce</h1> +<pre> +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at <a href = "https://www.gutenberg.org">www.gutenberg.org</a></pre> +<p>Title: Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana</p> +<p> First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262</p> +<p>Author: C. C. Royce</p> +<p>Release Date: November 24, 2005 [eBook #17148]</p> +<p>Language: English</p> +<p>Character set encoding: ISO-8859-1</p> +<p>***START OF THE PROJECT GUTENBERG EBOOK CESSIONS OF LAND BY INDIAN TRIBES TO THE UNITED STATES: ILLUSTRATED BY THOSE IN THE STATE OF INDIANA***</p> +<p> </p> +<h4>E-text prepared by Janet Blenkinship<br /> + and the Project Gutenberg Online Distributed Proofreading Team<br /> + (<a href="https://www.pgdp.net/">https://www.pgdp.net/</a>)<br /> + from page images generously made available by the<br /> + Bibliothèque nationale de France + (<a href="http://www.bnf.fr/">http://www.bnf.fr/</a>)</h4> +<p> </p> +<table border="0" cellpadding="10" style="background-color: #ccccff;"> + <tr> + <td valign="top"> + Note: + </td> + <td> + Images of the original pages are available through the + <a href="http://visualiseur.bnf.fr/Visualiseur?nompage=WEBCCACAT&lan=FR&adr=68.96.117.117&Interne=false&O=30000000276083&Notice=37572002&"> + Bibliothèque nationale de France</a> + </td> + </tr> +</table> +<p> </p> +<hr class="full" /> +<p> </p> +<p> </p> + +<h2>SMITHSONIAN INSTITUTION—BUREAU OF ETHNOLOGY.</h2> + +<h3>J. W. POWELL, DIRECTOR.</h3> + +<hr style='width: 45%;' /> + +<h1>CESSIONS OF LAND BY INDIAN TRIBES</h1> + +<h4>TO THE</h4> + +<h3>UNITED STATES:</h3> + +<h4>ILLUSTRATED BY THOSE IN THE STATE OF INDIANA.</h4> + +<h4>BY</h4> + +<h3>C. C. ROYCE.</h3> + +<p> </p> +<h4>First Annual Report of the Bureau of Ethnology<br /> +to the Secretary of the Smithsonian Institution, 1879-80,<br /> +Government Printing Office, Washington, 1881, pages 247-262</h4> +<p> </p> +<p> </p> +<p> </p> +<p><span class='pagenum'><a name="Page_249" id="Page_249"></a>[Pg 249]</span></p> +<div class="figcenter"><img src="images/smallmap1.jpg" alt="Map of Indiana" title="Map of Indiana" /></div> + +<hr style='width: 45%;' /> + +<h3>CHARACTER OF THE INDIAN TITLE.</h3> + +<p>The social and political relations that have existed and still continue +between the Government of the United States and the several Indian +tribes occupying territory within its geographical limits are, in many +respects, peculiar.</p> + +<p>The unprecedentedly rapid increase and expansion of the white population +of the country, bringing into action corresponding necessities for the +acquisition and subjection of additional territory, have maintained a +constant straggle between civilization and barbarism. Involved as a +factor in this social conflict, was the legal title to the land occupied +by Indians. The questions raised were whether in law or equity the +Indians were vested with any stronger title than that of mere tenants at +will, subject to be dispossessed at the pleasure or convenience of their +more civilized white neighbors, and, if so, what was the nature and +extent of such stronger title?</p> + +<p>These questions have been discussed and adjudicated from time to time by +the executive and judicial authorities of civilized nations ever since +the discovery of America.</p> + +<p>The discovery of this continent, with its supposed marvelous wealth of +precious metals and commercial woods, gave fresh impetus to the ambition +and cupidity of European monarchs.</p> + +<p>Spain, France, Holland, and England each sought to rival the other in +the magnitude and value of their discoveries. As the primary object of +each of these European potentates was the same, and it was likely to +lead to much conflict of jurisdiction, the necessity of some general +rule became apparent, whereby their respective claims might be +acknowledged and adjudicated without resort to the arbitrament of arms. +Out of this necessity grew the rule which became a part of the +recognized law of nations, and which gave the preference of title to the +monarch whose vessels should be the first to discover, rather than to +the one who should first enter upon the possession of new lands. The +exclusion under this rule of all other claimants gave to the discovering +nation the sole right of acquiring the soil from the natives and of +planting settlements thereon. This was a right asserted by all the +commercial nations of Europe, and fully recognized in their dealings +with each <span class='pagenum'><a name="Page_250" id="Page_250"></a>[Pg 250]</span>other; and the assertion, of such a right necessarily carried +with it a modified denial of the Indian title to the land discovered. It +recognized in them nothing but a possessory title, involving a right of +occupancy and enjoyment until such time as the European sovereign should +purchase it from them. The ultimate fee was held to reside in such +sovereign, whereby the natives were inhibited from alienating in any +manner their right of possession to any but that sovereign or his +subjects.</p> + +<p>The recognition of these principles seems to have been complete, as is +evidenced by the history of America from its discovery to the present +day. France, England, Portugal, and Holland recognized them +unqualifiedly, and even Catholic Spain did not predicate her title +solely upon the grant of the Holy See.</p> + +<p>No one of these countries was more zealous in her maintenance of these +doctrines than England. In 1496 King Henry VII commissioned John and +Sebastian Cabot to proceed upon a voyage of discovery and to take +possession of such countries as they might find which were then unknown +to Christian people, in the name of the King of England. The results of +their voyages in the next and succeeding years laid the foundation for +the claim of England to the territory of that portion of North America +which subsequently formed the nucleus of our present possessions.</p> + +<p>The policy of the United States since the adoption of the Federal +Constitution has in this particular followed the precedent established +by the mother country. In the treaty of peace between Great Britain and +the United States following the Revolutionary war, the former not only +relinquished the right of government, but renounced and yielded to the +United States all pretensions and claims whatsoever to all the country +south and west of the great northern rivers and lakes as far as the +Mississippi.</p> + +<p>In the period between the conclusion of this treaty and the year 1789 it +was undoubtedly the opinion of Congress that the relinquishment of +territory thus made by Great Britain, without so much as a saving clause +guaranteeing the Indian right of occupancy, carried with it an absolute +and unqualified fee-simple title unembarrassed by any intermediate +estate or tenancy. In the treaties held with the Indians during this +period—notably those of Fort Stanwix, with the Six Nations, in 1784, +and Fort Finney, with the Shawnees, in 1786—they had been required to +acknowledge the United States as the sole and absolute sovereign of all +the territory ceded by Great Britain.</p> + +<p>This claim, though unintelligible to the savages in its legal aspects, +was practically understood by them to be fatal to their independence and +territorial rights. Although in a certain degree the border tribes had +been defeated in their conflicts with the United States, they still +retained sufficient strength and resources to render them formidable +antagonists, especially when the numbers and disposition of their +<span class='pagenum'><a name="Page_251" id="Page_251"></a>[Pg 251]</span>adjoining and more remote allies were taken into consideration. The +breadth, and boldness of the territorial claims thus asserted by the +United States were not long in producing their natural effect. The +active and sagacious Brant succeeded in reviving his favorite project of +an alliance between the Six Nations and the northwestern tribes. He +experienced but little trouble in convening a formidable assemblage of +Indians at Huron Village, opposite Detroit, where they held council +together from November 28 to December 18, 1786.</p> + +<p>These councils resulted in the presentation of an address to Congress, +wherein they expressed an earnest desire for peace, but firmly insisted +that all treaties carried on with the United States should be with the +general voice of the whole confederacy in the most open manner; that the +United States should prevent surveyors and others from crossing the Ohio +River; and they proposed a general treaty early in the spring of 1787. +This address purported to represent the Five Nations, Hurons, Ottawas, +Twichtwees, Shawanese, Chippewas, Cherokees, Delawares, Pottawatomies, +and the Wabash Confederates, and was signed with the totem of each +tribe.</p> + +<p>Such a remonstrance, considering the weakness of the government under +the old Articles of Confederation, and the exhausted condition +immediately following the Revolution, produced a profound sensation in +Congress. That body passed an act providing for the negotiation of a +treaty or treaties, and making an appropriation for the purchase and +extinguishment of the Indian claim to certain lands. These preparations +and appropriations resulted in two treaties made at Fort Harmar, January +9, 1789, one with the Six Nations, and the other with the Wiandot, +Delaware, Ottawa, Chippewa, Pottawatima, and Sac Nations, wherein the +Indian title of occupancy is clearly acknowledged. That the government +so understood and recognized this principle as entering into the text of +those treaties is evidenced by a communication bearing date June 15, +1789, from General Knox, then Secretary of War, to President Washington, +and which was communicated by the latter on the same day to Congress, in +which it is declared that—</p> + +<div class="blockquot"><p>The Indians, being the prior occupants, possess the right of soil. +It cannot be taken from them, unless by their free consent, or by +right of conquest in case of a just war. To dispossess them on any +other principle would be a gross violation of the fundamental laws +of nature, and of that distributive justice which is the glory of a +nation.</p></div> + +<p>The principle thus outlined and approved by the administration of +President Washington, although more than once questioned by interested +parties, has almost, if not quite, invariably been sustained by the +legal tribunals of the country, at least by the courts of final resort; +and the decisions of the Supreme Court of the United States bear +consistent testimony to its legal soundness. Several times has this +question in different forms appeared before the latter tribunal for +adjudication, and in each case has the Indian right been recognized and +protected. In 1823, 1831, and 1832, Chief Justice Marshall successively +delivered <span class='pagenum'><a name="Page_252" id="Page_252"></a>[Pg 252]</span>the opinion of the court in important cases involving the +Indian status and rights. In the second of these cases (The Cherokee +Nation <i>vs</i>. The State of Georgia) it was maintained that the Cherokees +were a state and had uniformly been treated as such since the settlement +of the country; that the numerous treaties made with them by the United +States recognized them as a people capable of maintaining the relations +of peace and war; of being responsible in their political character for +any violation of their engagements, or for any aggression committed on +the citizens of the United States by any individual of their community; +that the condition of the Indians in their relations to the United +States is perhaps unlike that of any other two peoples on the globe; +that, in general, nations not owing a common allegiance are foreign to +each other, but that the relation of the Indians to the United States is +marked by peculiar and cardinal distinctions which exist nowhere else; +that the Indians were acknowledged to have an unquestionable right to +the lands they occupied until that right should be extinguished by a +voluntary cession to our government; that it might well be doubted +whether those tribes which reside within the acknowledged boundaries of +the United States could with strict accuracy be denominated foreign +nations, but that they might more correctly perhaps be denominated +domestic dependent nations; that they occupied a territory to which we +asserted a title independent of their will, but which only took effect +in point of possession when their right of possession ceased.</p> + +<p>The Government of the United States having thus been committed in all of +its departments to the recognition of the principle of the Indian right +of possession, it becomes not only a subject of interest to the student +of history, but of practical value to the official records of the +government, that a carefully compiled work should exhibit the boundaries +of the several tracts of country which have been acquired from time to +time, within the present limits of the United States, by cession or +relinquishment from the various Indian tribes, either through the medium +of friendly negotiations and just compensation, or as the result of +military conquest. Such a work, if accurate, would form the basis of any +complete history of the Indian tribes in their relations to, and +influence upon the growth and diffusion of our population and +civilization. Such a contribution to the historical collections of the +country should comprise:</p> + +<p>1st. A series of maps of the several States and Territories, on a scale +ranging from ten to sixteen miles to an inch, grouped in atlas form, +upon which should be delineated in colors the boundary lines of the +various tracts of country ceded to the United States from time to time +by the different Indian tribes.</p> + +<p>2d. An accompanying historical text, not only reciting the substance of +the material provisions of the several treaties, but giving a history of +the causes leading to them,, as exhibited in contemporaneous official +correspondence and other trustworthy data.</p> + +<p><span class='pagenum'><a name="Page_253" id="Page_253"></a>[Pg 253]</span>3d. A chronologic list of treaties with the various Indian tribes, +exhibiting the names of tribes, the date, place where, and person by +whom negotiated.</p> + +<p>4th. An alphabetic list of all rivers, lakes, mountains, villages, and +other objects or places mentioned in such treaties, together with their +location and the names by which they are at present known.</p> + +<p>5th. An alphabetic list of the principal rivers, lakes, mountains, and +other topographic features in the United States, showing not only their +present names but also the various names by which they have from time to +time been known since the discovery of America, giving in each case the +date and the authority therefor.</p> + +<hr style='width: 45%;' /> + +<h3>INDIAN BOUNDARIES.</h3> + +<p>The most difficult and laborious feature of the work is that involved +under the first of these five subdivisions. The ordinary reader in +following the treaty provisions, in which the boundaries of the various +cessions are so specifically and minutely laid down, would anticipate +but little difficulty in tracing those boundaries upon the modern map. +In this he would find himself sadly at fault. In nearly all of the +treaties concluded half a century or more ago, wherein cessions of land +were made, occur the names of boundary points which are not to be found +on any modern map, and which have never been known to people of the +present generation living in the vicinity.</p> + +<p>In many of the older treaties this is the case with a large proportion +of the boundary points mentioned. The identification and exact location +of these points thus becomes at once a source of much laborious +research. Not unfrequently weeks and even months of time have been +consumed, thousands of old maps and many volumes of books examined, and +a voluminous correspondence conducted with local historical societies or +old settlers, in the effort to ascertain the location of a single +boundary point.</p> + +<p>To illustrate this difficulty, the case of "Hawkins' line" may be cited, +a boundary line mentioned in the cession by the Cherokees by treaty of +October 2, 1798. An examination of more than four thousand old and +modern maps and the scanning of more than fifty volumes failed to show +its location or to give even the slightest clue to it. A somewhat +extended correspondence with numerous persons in Tennessee, including +the veteran annalist, Ramsey, also failed to secure the desired +information. It was not until months of time had been consumed and +probable sources of information had been almost completely exhausted +that, through the persevering inquiries of Hon. John M. Lea, of +Nashville, Tenn., in conjunction with the present writer's own +investigations, the line was satisfactorily identified as being the +boundary line mentioned in <span class='pagenum'><a name="Page_254" id="Page_254"></a>[Pg 254]</span>the Cherokee treaty of July 2, 1791, and +described as extending from the North Carolina boundary "north to a +point from which a line is to be extended to the river Clinch that shall +pass the Holston at the ridge which divides the waters running into +Little River from those running into the Tennessee."</p> + +<p>It gained the title of "Hawkins' line" from the fact that a man named +Hawkins surveyed it.</p> + +<p>That this is not an isolated case, and as an illustration of the number +and frequency of changes in local geographical names in this country, it +may be remarked that in twenty treaties concluded by the Federal +Government with the various Indian tribes prior to the year 1800, in an +aggregate of one hundred and twenty objects and places therein recited, +seventy-three of them are wholly ignored in the latest edition of +Colton's Atlas; and this proportion will hold with but little diminution +in the treaties negotiated during the twenty years immediately +succeeding that date.</p> + +<p>Another and most perplexing question has been the adjustment of the +conflicting claims of different tribes of Indians to the same territory. +In the earlier days of the Federal period, when the entire country west +of the Alleghanies was occupied or controlled by numerous contiguous +tribes, whose methods of subsistence involved more or less of nomadic +habit, and who possessed large tracts of country then of no greater +value than merely to supply the immediate physical wants of the hunter +and fisherman, it was not essential to such tribes that a careful line +of demarkation should define the limits of their respective territorial +claims and jurisdiction. When, however, by reason of treaty negotiations +with the United States, with a view to the sale to the latter of a +specific area of territory within clearly-defined boundaries, it became +essential for the tribe with whom the treaty was being negotiated to +make assertion and exhibit satisfactory proof of its possessory title to +the country it proposed to sell, much controversy often arose with other +adjoining tribes, who claimed all or a portion of the proposed cession. +These conflicting claims were sometimes based upon ancient and +immemorial occupancy, sometimes upon early or more recent conquest, and +sometimes upon a sort of wholesale squatter-sovereignty title whereby a +whole tribe, in the course of a sudden and perhaps forced migration, +would settle down upon an unoccupied portion of the territory of some +less numerous tribe, and by sheer intimidation maintain such occupancy.</p> + +<p>In its various purchases from the Indians, the Government of the United +States, in seeking to quiet these conflicting territorial claims, have +not unfrequently been compelled to accept from two, and even three, +different tribes separate relinquishments of their respective rights, +titles, and claims to the same section of country. Under such +circumstances it can readily be seen, what difficulties would attend a +clear exhibition upon a single map of these various coincident and +overlapping strips of territory. The State of Illinois affords an +excellent illustration.<span class='pagenum'><a name="Page_255" id="Page_255"></a>[Pg 255]</span> The conflicting cessions in that State may be +briefly enumerated as follows:</p> + +<p>1. The cession at the mouth of Chicago River, by treaty of August 3, +1795, was also included within the limits of a subsequent cession made +by treaty of August 24, 1816, with the Ottawas, Chippewas, and +Pottawatomies.</p> + +<p>2. The cession at the mouth of the Illinois River, by treaty of 1795, +was overlapped by the Kaskaskia cession of 1803, again by the Sac and +Fox cession of 1804, and a third time by the Kickapoo cession of 1819.</p> + +<p>3. The cession at "Old Peoria Fort, or village," by treaty of 1795, was +also overlapped in like manner with the last preceding one.</p> + +<p>4. The cessions of 1795 at Fort Massac and at Great Salt Spring are +within the subsequent cession by the Kaskaskias of 1803.</p> + +<p>5. The cession of August 13, 1803, by the Kaskaskias, as ratified and +enlarged by the Kaskaskias and Peorias September 25, 1818, overlaps the +several sessions by previous treaty of 1795 at the mouth of the Illinois +River, at Great Salt Spring, at Fort Massac, and at Old Peoria Fort, and +is in turn overlapped by subsequent cessions of July 30, and August 30, +1819, by the Kickapoos and by the Pottawatomie cession of October 20, +1832.</p> + +<p>6. The Sac and Fox cession of November 3, 1804 (partly in Missouri and +Wisconsin) overlaps the cessions of 1795 at the mouth of the Illinois +River and at Old Peoria Fort. It is overlapped by two Chippewa, Ottawa, +and Pottawatomie cessions of July 29, 1829, the Winnebago cessions of +August 1, 1829, and September 1, 1832, and by the Chippewa, Ottawa, and +Pottawatomie cession of September 26, 1833.</p> + +<p>7. The Piankeshaw cession of December 30, 1805, is overlapped by the +Kickapoo cession of 1819.</p> + +<p>8. The Ottawa, Chippewa, and Pottawatomie cession of August 24, 1816, +overlaps the cession of 1795 around Chicago.</p> + +<p>9. The cession of October 2, 1818, by the Pottawatomies (partly in +Indiana), is overlapped by the subsequent cession of 1819, by the +Kickapoos.</p> + +<p>10. The combined cessions of July 30, and August 30, 1819, by the +Kickapoos (partly in Indiana), overlap the cessions of 1795 at the mouth +of the Illinois River and at Old Fort Peoria; also the Kaskaskia and +Peoria cessions of 1803 and 1818, the Piankeshaw cession of 1805, and +the Pottawatomie cession of October 2, 1818, and are overlapped by the +subsequent Pottawatomie cession of October 20, 1832.</p> + +<p>11. Two cessions were made by the Chippewas, Ottawas and Pottawatomies +by treaty of July 29, 1829 (partly located in Wisconsin), one of which +is entirely and the other largely within the limits of the country +previously ceded by the Sacs and Foxes, November 3, 1804.</p> + +<p>12. The Winnebago cession of August 1, 1829 (which is partly in +Wisconsin), is also wholly within the limits of the aforesaid Sac and +Fox cession of 1804.</p> + +<p><span class='pagenum'><a name="Page_256" id="Page_256"></a>[Pg 256]</span>13. Cession by the Winnebagoes September 15, 1832, which is mostly in +the State of Wisconsin and which was also within the limits of the Sac +and Fox cession of 1804.</p> + +<p>14. Pottawatomie cession of October 20, 1832, which overlaps the +Kaskaskia and Peoria cession of August 13, 1803, as confirmed and +enlarged September 25, 1818, and also the Kickapoo cession by treaties +of July 30 and August 30, 1819.</p> + +<p>From this it will be seen that almost the entire country comprising the +present State of Illinois was the subject of controversy in the matter +of original ownership, and that the United States, in order fully to +extinguish the Indian claim thereto, actually bought it twice, and some +portions of it three times. It is proper, however, to add in this +connection that where the government at the date of a purchase from one +tribe was aware of an existing claim to the same region by another +tribe, it had the effect of diminishing the price paid.</p> + +<hr style='width: 45%;' /> + +<h3>ORIGINAL AND SECONDARY CESSIONS.</h3> + +<p>Another difficulty that has arisen, and one which, in order to avoid +confusion, will necessitate the duplication in the atlas of the maps of +several States, is the attempt to show not only original, but also +secondary cessions of land. The policy followed by the United States for +many years in negotiating treaties with the tribes east of the +Mississippi River included the purchase of their former possessions and +their removal west of that river to reservations set apart for them +within the limits of country purchased for that purpose from its +original owners, and which were in turn retroceded to the United States +by its secondary owners. This has been largely the case in Missouri, +Arkansas, Kansas, Nebraska, and Indian Territory. The present State of +Kansas, for instance, was for the most part the inheritance of the +Kansas and Osage tribes. It was purchased from them by the provisions of +the treaties of June 2, 1825, with the Osage, and June 3, 1825, with the +Kansas tribe, they, however, reserving in each case a tract sufficiently +large for their own use and occupancy. These and subsequent cessions of +these two tribes must be shown upon a map of "original cessions."</p> + +<p>After securing these large concessions from the Kansas and Osages, the +government, in pursuance of the policy above alluded to, sought to +secure the removal of the remnant of Ohio, Indiana, and Illinois tribes +to this region by granting them, in part consideration for their eastern +possessions, reservations therein of size and location suitable to their +wishes and necessities. In this way homes were provided for the +Wyandots, Delawares, Shawnees, Pottawatomies, Sacs and Foxes of the +Mississippi, Kickapoos, the Confederated Kaskaskias, Peorias, +Pianke<span class='pagenum'><a name="Page_257" id="Page_257"></a>[Pg 257]</span>shaws, and Weas, the Ottawas of Blanchard's Fork and Roche de +Bœuf, and the Chippewas and Munsees. A few years of occupation again +found the advancing white settlements encroaching upon their domain, +with the usual accompanying demand for more land. Cessions, first; of a +portion and finally of the remnant, of these reservations followed, +coupled with the removal of the Indians to Indian Territory. These +several reservations and cessions must be indicated upon a map of +"secondary cessions."</p> + +<p>Object illustration is much, more striking and effective than mere +verbal description. In order, therefore, to secure to the reader the +clearest possible understanding of the subject, there is herewith +presented as an illustration a map of the State of Indiana, upon which +is delineated the boundaries of the different tracts of land within that +State ceded to the United States from time to time by treaty with the +various Indian tribes.</p> + +<p>The cessions are as follows:</p> + +<p>No. 1. A tract lying east of a line running from opposite the mouth of +Kentucky River, in a northerly direction, to Fort Recovery, in Ohio, and +which forms a small portion of the western end of the cession made by +the first paragraph of article 3, treaty of August 3, 1795, with the +Wyandots, Delawares, Miamis, and nine other tribes. Its boundaries are +indicated by scarlet lines. The bulk of the cession is in Ohio.</p> + +<p>No. 2. Six miles square at confluence of Saint Mary's and Saint Joseph's +Rivers, including Fort Wayne; also ceded by treaty of August 3, 1795, +and bounded on the map by scarlet lines.</p> + +<p>No. 3. Two miles square on the Wabash, at the end of the Portage of the +Miami of the Lake; also ceded by treaty of August 3, 1795, and bounded +on the map by scarlet lines.</p> + +<p>No. 4. Six miles square at Outatenon, or Old Wea Towns, on the Wabash; +also ceded by treaty of August 3, 1795, and bounded on the map by +scarlet lines. This tract was subsequently retroceded to the Indians by +article 8, treaty of September 30, 1809, and finally included within the +Pottawatomie session of October 2, 1818, and the Miami cession of +October 6, 1818.</p> + +<p>No. 5. Clarke's grant on the Ohio River; stipulated in deed from +Virginia to the United States in 1784 to be granted to General George +Rogers Clarke and his soldiers. This tract was specially excepted from +the limits of the Indian country by treaty of August 3, 1795, and is +bounded on the map by scarlet lines.</p> + +<p>No. 6. "Post of Vincennes and adjacent country, to which the Indian +title has been extinguished." This tract was specially excluded from the +limits of the Indian country by treaty of August 3, 1795. Doubt having +arisen as to its proper boundaries, they were specifically defined by +treaty of June 7, 1803. It is known as the "Vincennes tract"; is partly +in Illinois, and is bounded on the map by scarlet lines.</p> + +<p>No. 7. Tract ceded by the treaties of August 18, 1804, with the +Dela<span class='pagenum'><a name="Page_258" id="Page_258"></a>[Pg 258]</span>wares, and August 27, 1804, with the Piankeshaws. In the southern +part of the State, and bounded on the map by green lines.</p> + +<p>No. 8. Cession by the treaty of August 21, 1805, with the Miamis, Eel +Rivers, and Weas, in the southeastern part of the State, and designated +by blue lines.</p> + +<p>No. 9. Cession by treaty of September 30, 1809, with the Miami, Eel +River, Delaware, and Pottawatomie tribes, adjoining "Vincennes tract" +(No. 9) on the north, and designated by yellow lines. This cession was +concurred in by the Weas in the treaty of October 26, 1809.</p> + +<p>No. 10. Cession by the same treaty of September 30, 1809; in the +southeastern portion of the State; bounded on the map by yellow lines.</p> + +<p>No. 11. Cession also by the treaty of September 30, 1809; marked by +crimson lines, and partly in Illinois. This cession was conditional upon +the consent of the Kickapoos, which was obtained by the treaty with them +of December 9, 1809.</p> + +<p>No. 12. Cession by the Kickapoos, December 9, 1809, which was +subsequently reaffirmed by them June 4, 1816. It was also assented to by +the Weas October 2, 1818, and by the Miamis October 6, 1818. It is +partly in Illinois, and is bounded on the map by green lines. The +Kickapoos also assented to the cession No. 11 by the Miamis <i>et al.</i>, of +September 30, 1809.</p> + +<p>No. 13. Cession by the Wyandots, September 29, 1817. This is mostly in +Ohio, and is bounded on the map by yellow lines.</p> + +<p>No. 14. Cession by the Pottawatomies, October 2, 1818; partly in +Illinois, and is denoted by brown lines. A subsequent treaty of August +30, 1819, with the Kickapoos, cedes a tract of country (No. 16) which +overlaps this cession, the overlap being indicated by a dotted blue +line.</p> + +<p>By the treaty of October 2, 1818, the Weas ceded all the land claimed by +them in Ohio, Indiana, and Illinois, except a small reserve on the +Wabash River. Their claim was of a general and indefinite character, and +is fully covered by more definite cessions by other tribes.</p> + +<p>By the treaty of October 3, 1818, the Delawares ceded all their claim to +land in Indiana. This claim, which they held in joint tenancy with the +Miamis, was located on the waters of White River, and it is included +within the tract marked 15, ceded by the Miamis October 6, 1818.</p> + +<p>No. 15. Cession by the Miamis, October 6, 1818; bounded on the map by +purple lines. Its general boundaries cover all of Central Indiana and a +small portion of Western Ohio, but within its limits were included the +Wea Reservation of 1818 (No. 17), and six tracts of different dimensions +were reserved for the future use of the Miamis [Nos. 21, 29 (30 and 50), +(31, 48, 53, and 54), 49, and 51]. The Miamis also assented to the +Kickapoo cession of December 9, 1809 (No. 12). The Kickapoos in turn, by +treaty of July 30, 1819, relinquished all claim to country southeast of +the Wabash, which was an indefinite tract, and is covered by the +foregoing Miami cession of 1818.</p> + +<p>No. 16. Cession by the Kickapoos, August 30, 1819. This cession is +<span class='pagenum'><a name="Page_259" id="Page_259"></a>[Pg 259]</span>bounded on the map by blue lines, and is largely in Illinois. It +overlaps the Pottawatomie cession of October 2, 1818 (No. 14), the +overlap being indicated by a dotted blue line. It is inborn overlapped +by the Pottawatomie cession (No. 23) of October 26, 1832.</p> + +<p>No. 17. Cession by the Weas, August 11, 1820, of the tract reserved by +them October 2, 1818. It is on the Wabash River, in the western part of +the State, and is indicated by blue lines. It is within the general +limits of the Miami cession (No. 15) of October 6, 1818.</p> + +<p>No. 18. Cession of August 29, 1821, by the Ottowas, Chippewas, and +Pottawatomies, indicated by green lines, and mostly in Michigan.</p> + +<p>No. 19. Cession by the Pottawatomies, by first clause of first article +of the treaty of October 16, 1826. It lies north of Wabash River, and is +bounded on the map by blue lines. This and an indefinite extent of +adjoining country was also claimed by the Miamis, who ceded their claim +thereto October 23, 1826, with the exception of sundry small +reservations, four of which [Nos. 26, 27, 32, and 52] were partially or +entirely within the general limits of the Pottawatomie.</p> + +<p>No. 20. Cession by the last clause of the first article of the +Pottawatomie treaty of October 16, 1826; in the northwest corner of the +State, and bounded on the map by scarlet lines.</p> + +<p>As above stated, the Miamis, by treaty of October 23, 1826, ceded all +their claim to land in Indiana lying north and west of the Wabash and +Miami (Maumee) Rivers, except six small tribal, and a number of +individual reserves and grants. These six tribal, reserves were numbers +23, 27, 32, 52, 25, and 28, the first four of which, as above remarked, +were either partially or entirely within the Pottawatomie cession by the +first clause of the first article of the treaty of October 16, 1826, and +the other two within the Pottawatomie cession of October 27, 1832.</p> + +<p>No. 21. Cession by the Eel River Miamis, February 11, 1828, bounded on +the map by green lines. This tract is within the general limits of the +Miami cession (No. 15) of 1818, and was reserved therefrom.</p> + +<p>No. 22. Cession by the second clause of the first article of the +Pottawatomie treaty of September 20, 1828, designated by brown lines.</p> + +<p>No. 23. Cession by the Pottawatomies, October 26, 1832, is in the +northwest portion of the State, and is indicated by yellow lines. Near +the southwest corner it overlaps the Kickapoo cession (No. 16) of August +30, 1819. Within the general limits of this cession seven tracts were +reserved for different bands of the tribe, which will be found on the +map numbered as follows: 33, 34, 39, 40 (two reserves), 41, and 42.</p> + +<p>No. 24. Cession by the Pottawatomies of Indiana and Michigan, October +27, 1832, which in terms is a relinquishment of their claim to any +remaining lands in the States of Indiana and Illinois, and in the +Territory of Michigan south of Grand River. The cession thus made in +Indiana is bounded on the map by scarlet lines. Within the general +limits of this cession, however, they reserved for the use of various +bands of the tribe eleven tracts of different areas, and which are +numbered as follows: 35, 36, 37, 38, 43 (two reserves), 44 (two +reserves), 45, 46, and 47.</p><p><span class='pagenum'><a name="Page_260" id="Page_260"></a>[Pg 260]</span></p> + +<p>Nos. 25 to 32, inclusive. Cession of October 23, 1834, by the Miamis, of +eight small tracts previously reserved to them, all bounded on the map +by green lines. These are located as follows:</p> + +<div class="blockquot"><p>No. 25. Tract of thirty-six sections at Flat Belly's village, +reserved by treaty of 1826; in townships 33 and 34 north, ranges 7 +and 8 east.</p> + +<p>No. 26. Tract of five miles in length on the Wabash, extending +back to Eel River, reserved by treaty of 1826; in townships 27 and +28 north, ranges 4 and 5 east.</p> + +<p>No. 27. Tract of ten sections at Raccoon's Village, reserved by +the treaty of 1826; in townships 29 and 30 north, ranges 10 and 11 +east.</p> + +<p>No. 28. Tract of ten sections on Mud Creek, reserved by the treaty +of 1826; in township 28 north, range 4 east. The treaty of October +27, 1832, with the Pottawatomies, established a reserve of sixteen +sections for the bands of Ash-kum and Wee-si-o-nas (No. 46), and +one of five sections for the band of Wee-sau (No. 47), which +overlapped and included nearly all the territory comprised in the +Mud Creek reserve.</p> + +<p>No. 29. Tract of two miles square on Salamanie River, at the mouth +of At-che-pong-quawe Creek, reserved by the treaty of 1818; in +township 23 north, ranges 13 and 14 east.</p> + +<p>No. 30. A portion of the tract opposite the mouth of Aboutte +River, reserved by the treaty of 1818; in townships 29 and 30 +north, ranges 10, 11, and 12 east.</p> + +<p>No. 31. A portion of the tract known as the "Big Reserve," +established by the treaty of 1818; in townships 21 to 27, +inclusive, ranges 1 and 2 east.</p> + +<p>No. 32. Tract of ten sections at the Forks of the Wabash, reserved +by the treaty of 1826. This cession provides for the relinquishment +of the Indian title and the issuance of a patent to John B. +Richardville therefor. In township 28 north, ranges 8 and 9 east.</p></div> + +<p>No. 33. Cession of December 4, 1834, by Com-o-za's band of +Pottawatomies, of a tract of two sections reserved for them on the +Tippecanoe River by the treaty of October 26, 1832.</p> + +<p>No. 34. Cession of December 10, 1834, by Mau-ke-kose's (Muck-rose) band +of Pottawatomies, of six sections reserved to them by the treaty of +October 26, 1832; in township 32 north, range 2 east, and bounded on the +map by crimson lines.</p> + +<p>No. 35. Cession of December 16, 1834, by the Pottawatomies, of two +sections reserved by the treaty of October 27, 1832, to include their +mills on the Tippecanoe River.</p> + +<p>No. 36. Cession of December 17, 1834, by Mota's band of Pottawatomies, +of four sections reserved for them by the treaty of October 27, 1832; in +townships 32 and 33 north, range 5 east, indicated by blue lines.</p> + +<p>No. 37. Cession of March 26, 1836, by Mes-quaw-buck's band of +Pottawatomies, of four sections reserved to them by the treaty of +October 27, 1832; in township 33 north, range 6 east, indicated by +crimson lines.</p> + +<p><span class='pagenum'><a name="Page_261" id="Page_261"></a>[Pg 261]</span>No. 38. Cession of March 29, 1836, by Che-case's band of Pottawatomies, +of four sections reserved for them by the treaty of October 27, 1832; in +townships 32 and 33 north, ranges 5 and 6 east, bounded on the map by +yellow lines.</p> + +<p>No. 39. Cession of April 11, 1836, by Aub-ba-naub-bee's band of +Pottawatomies, of thirty-six sections reserved for them, by the treaty +of October 26, 1832. In townships 31 and 32 north, ranges 1 and 2 east, +bounded on the map by blue lines.</p> + +<p>No. 40. Cession of April 22, 1836, by the bands of O-kaw-mause, +Kee-waw-nee, Nee-boash, and Ma-che-saw (Mat-chis-jaw), of ten sections +reserved to them by the Pottawatomie treaty of October 26, 1832.</p> + +<p>No. 41. Cession of April 22, 1836, by the bands of Nas-waw-kee +(Nees-waugh-gee) and Quash-quaw, of three sections reserved for them by +the treaty of October 26, 1832; in township 32 north, range 1 east, +bounded on the map by scarlet lines.</p> + +<p>No. 42. Cession of August 5, 1836, by the bands of Pee-pin-ah-waw, +Mack-kah-tah-mo-may, and No-taw-kah (Pottawatomies), of twenty-two +sections reserved for them and the band of Menom-i-nee (the latter of +which does not seem to be mentioned in the treaty of cession), by treaty +of October 26, 1832; in township 33 north, ranges 1 and 2 east, bounded +on the map by green lines.</p> + +<p>No. 43. Cession of September 20, 1836, by the bands of To-i-sas brother +Me-mot-way, and Che-quaw-ka-ko, of ten sections reserved for them by the +Pottawatomie treaty of October 27, 1832, and cession of September 22, +1836, by Ma-sac's band of Pottawatomies, of four sections reserved for +them by the treaty of October 27, 1832; in township 31 north, range 3 +east, bounded on the map by crimson lines.</p> + +<p>Nos. 44 to 47, inclusive. Cessions of September 23, 1836, by various +bands of Pottawatomies, of lands reserved for them by the treaty of 1832 +(being all of their remaining lands in Indiana), as follows:</p> + +<div class="blockquot"><p>No. 44. Four sections each for the bands of Kin-kash and +Men-o-quet; in township 33 north, ranges 5 and 6 east, bounded on +the map by crimson lines.</p> + +<p>No. 45. Ten sections for the band of Che-chaw-kose; in township 32 +north, range 4 east, designated by scarlet lines.</p> + +<p>No. 46. Sixteen sections for the bands of Ash-kum and Wee-si-o-nas; +in townships 28 and 29 north, range 4 east, bounded on the map by a +dotted black line, and overlapping No. 28.</p> + +<p>No. 47. Five sections for the band of Wee-sau; in township 28 +north, range 4 east, adjoining No. 46, bounded on the map by a +dotted black line, and overlapping Nos. 19 and 28.</p></div> + +<p>A cession for the second time is also made by this treaty of the four +sections reserved for the band of Mota (No. 35), by the treaty of +October 27, 1832.</p> + +<p>Nos. 48 to 52, inclusive. Cessions of November 6, 1838, by the Miamis, +as follows:</p> + +<div class="blockquot"><p>No. 48. A portion of the "Big Reserve," in townships 25, 26, and +<span class='pagenum'><a name="Page_262" id="Page_262"></a>[Pg 262]</span>27 north, ranges 2, 3, 4, 5, 6, and 7 east, bounded on the map by +crimson lines, within the limits of which is reserved a tract for +the band of Me-to-sin-ia, numbered 54.</p> + +<p>No. 49. The reservation by the treaty of 1818, on the Wabash River, +below the forks thereof; in townships 27 and 28 north, ranges 8 and +9 east, bounded on the map by scarlet lines.</p> + +<p>No. 50. The remainder of the tract reserved by the treaty of 1818, +opposite the mouth of Abouette River; in townships 28 and 29 north, +ranges 10, 11, and 12 east, denoted by crimson lines.</p> + +<p>No. 51. The reserve by the treaty of 1818 at the mouth of Flat Rock +Creek; in township 27 north, ranges 10 and 11 east, bounded on the +map by crimson lines.</p> + +<p>No. 52. The reserve at Seek's Village by the treaty of 1826; in +townships 31 and 32 north, ranges 9 and 10 east, marked by yellow +lines.</p></div> + +<p>No. 53. Cession of November 28, 1840, of the residue of the "Big +Reserve" (except the grant to Me-to-sin-ia's band No. 54); in townships +21 to 26 north, ranges 2 to 7 east, designated by yellow lines.</p> + +<p>No. 54. By the Miami treaty of November 6, 1838, a reserve of ten miles +square was made (out of the general cession) for the band of +Me-to-sin-ia. By the treaty of November 28, 1840, the United States +agreed to convey this tract to Me-shing-go-me-sia, son of Me-to-sin-ia, +in trust for the band.</p> + +<p>By act of Congress approved June 10, 1872, this reserve was partitioned +among the members of the band, 63 in number, and patents issued to each +of them for his or her share. It is in townships 25 and 26 north, ranges +6 and 7 east, and is bounded on the map by green lines.</p> + +<p>This ended all Indian tribal title to lands within the State of Indiana.</p> + +<hr style='width: 45%;' /> + +<p>The results to accrue from the researches contemplated under the 2d, 3d, +4th, and 5th subdivisions of the work suggested have already been +outlined with sufficient clearness, and need not be farther elaborated +here.</p> + +<p>A source of much delay in the collection of facts essential to the +completion of the work is the apparent indifference of librarians and +others in responding to letters of inquiry. Some, however, have entered +most zealously and intelligently into the work of searching musty +records and interviewing the traditional "oldest inhabitant" for light +on these dark spots. Thanks are especially due in this regard to Hon. +John M. Lea, Nashville, Tenn.; William Harden, librarian State +Historical Society, Savannah, Ga.; K.A. Linderfelt, librarian Public +Library, Milwaukee, Wis.; Dr. John A. Rice, Merton, Wis.; Hon. John +Wentworth, Chicago, Ill.; A. Cheesebrough and Hon. J.N. Campbell, of +Detroit, Mich.; D.S. Durrie, librarian State Historical Society, +Madison, Wis.; H.M. Robinson, Milwaukee, Wis.; Andrew Jackson, Sault +Ste. Marie, Mich.; A.W. Rush, Palmyra, Mo.; H.C. Campbell, Centreville, +Mich., and others.</p> + + +<h3>INDEX</h3> + +<table border="0" cellpadding="4" width="80%" cellspacing="0" summary="INDEX"> +<tr><td align='left'>Atlas showing cessions of land</td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'>Boundaries, Indian</td><td align='left'><a href='#Page_253'>253</a></td></tr> +<tr><td align='left'>Cabot, John</td><td align='left'><a href='#Page_250'>250</a></td></tr> +<tr><td align='left'><span style="margin-left: 2.5em;">, Sebastian</span></td><td align='left'><a href='#Page_250'>250</a></td></tr> +<tr><td align='left'>Cessions of land, xxvii</td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'><span style="margin-left: 2.5em;">by the Indians, in Indiana</span></td><td align='left'><a href='#Page_257'>257</a></td></tr> +<tr><td align='left'><span style="margin-left: 2.5em;">original and secondary</span></td><td align='left'><a href='#Page_256'>256</a></td></tr> +<tr><td align='left'>Council, Indian, at Huron village</td><td align='left'><a href='#Page_251'>251</a></td></tr> +<tr><td align='left'>Hawkins Line (boundary)</td><td align='left'><a href='#Page_253'>253</a></td></tr> +<tr><td align='left'>Illinois, Purchase of land for Indians in</td><td align='left'><a href='#Page_254'>254</a></td></tr> +<tr><td align='left'>Indian title, Character of</td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'>Indiana, Cession of land by the Indians</td><td align='left'><a href='#Page_257'>257</a></td></tr> +<tr><td align='left'>Land cessions</td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'>Lea, John M</td><td align='left'><a href='#Page_253'>253</a></td></tr> +<tr><td align='left'>Original and secondary cessions</td><td align='left'><a href='#Page_256'>256</a></td></tr> +<tr><td align='left'>Possession, Right of</td><td align='left'><a href='#Page_252'>252</a></td></tr> +<tr><td align='left'>Purchases of land from Indians in Illinois</td><td align='left'><a href='#Page_254'>254</a></td></tr> +<tr><td align='left'>Title, Indian, Character of</td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'><span style="margin-left: 2.5em;">inheres in discoverer</span></td><td align='left'><a href='#Page_249'>249</a></td></tr> +<tr><td align='left'>Treaties at Fort Harmar</td><td align='left'><a href='#Page_251'>251</a></td></tr> +</table> + +<p> </p> +<p> </p> +<hr class="full" /> +<p>***END OF THE PROJECT GUTENBERG EBOOK CESSIONS OF LAND BY INDIAN TRIBES TO THE UNITED STATES: ILLUSTRATED BY THOSE IN THE STATE OF INDIANA***</p> +<p>******* This file should be named 17148-h.txt or 17148-h.zip *******</p> +<p>This and all associated files of various formats will be found in:<br /> +<a href="https://www.gutenberg.org/dirs/1/7/1/4/17148">https://www.gutenberg.org/1/7/1/4/17148</a></p> +<p>Updated editions will replace the previous one--the old editions +will be renamed.</p> + +<p>Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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For +example an eBook of filename 10234 would be found at: + +https://www.gutenberg.org/dirs/1/0/2/3/10234 + +or filename 24689 would be found at: +https://www.gutenberg.org/dirs/2/4/6/8/24689 + +An alternative method of locating eBooks: +<a href="https://www.gutenberg.org/dirs/GUTINDEX.ALL">https://www.gutenberg.org/dirs/GUTINDEX.ALL</a> + +*** END: FULL LICENSE *** +</pre> +</body> +</html> diff --git a/17148-h/images/smallmap1.jpg b/17148-h/images/smallmap1.jpg Binary files differnew file mode 100644 index 0000000..af35be4 --- /dev/null +++ b/17148-h/images/smallmap1.jpg diff --git a/17148.txt b/17148.txt new file mode 100644 index 0000000..f0f1f7a --- /dev/null +++ b/17148.txt @@ -0,0 +1,1215 @@ +The Project Gutenberg eBook, Cessions of Land by Indian Tribes to the +United States: Illustrated by Those in the State of Indiana, by C. C. Royce + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana + First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262 + + +Author: C. C. Royce + + + +Release Date: November 24, 2005 [eBook #17148] + +Language: English + +Character set encoding: ISO-646-US (US-ASCII) + + +***START OF THE PROJECT GUTENBERG EBOOK CESSIONS OF LAND BY INDIAN TRIBES +TO THE UNITED STATES: ILLUSTRATED BY THOSE IN THE STATE OF INDIANA*** + + +E-text prepared by Janet Blenkinship and the Project Gutenberg Online +Distributed Proofreading Team (https://www.pgdp.net/) from page images +generously made available by the Bibliothèque nationale de France +(http://www.bnf.fr/) + + + +Note: Project Gutenberg also has an HTML version of this + file which includes the original illustration. + See 17148-h.htm or 17148-h.zip: + (https://www.gutenberg.org/dirs/1/7/1/4/17148/17148-h/17148-h.htm) + or + (https://www.gutenberg.org/dirs/1/7/1/4/17148/17148-h.zip) + + Images of the original pages are available through the + Bibliothèque nationale de France and can be seen at + http://visualiseur.bnf.fr/Visualiseur?nompage=WEBCCACAT&lan=FR&adr=68.96.117.117&Interne=false&O=30000000276083&Notice=37572002& + + + + +Smithsonian Institution--Bureau of Ethnology. +J. W. Powell, Director. + +CESSIONS OF LAND BY INDIAN TRIBES TO THE UNITED STATES: +ILLUSTRATED BY THOSE IN THE STATE OF INDIANA + +by + +C. C. ROYCE. + +First Annual Report of the Bureau of Ethnology to the Secretary of +the Smithsonian Institution, 1879-80, Government Printing Office, +Washington, 1881, pages 247-262 + + + + + + + +[Illustration: Map of the State of Indiana] + + + + +CHARACTER OF THE INDIAN TITLE. + +The social and political relations that have existed and still continue +between the Government of the United States and the several Indian +tribes occupying territory within its geographical limits are, in many +respects, peculiar. + +The unprecedentedly rapid increase and expansion of the white population +of the country, bringing into action corresponding necessities for the +acquisition and subjection of additional territory, have maintained a +constant straggle between civilization and barbarism. Involved as a +factor in this social conflict, was the legal title to the land occupied +by Indians. The questions raised were whether in law or equity the +Indians were vested with any stronger title than that of mere tenants at +will, subject to be dispossessed at the pleasure or convenience of their +more civilized white neighbors, and, if so, what was the nature and +extent of such stronger title? + +These questions have been discussed and adjudicated from time to time by +the executive and judicial authorities of civilized nations ever since +the discovery of America. + +The discovery of this continent, with its supposed marvelous wealth of +precious metals and commercial woods, gave fresh impetus to the ambition +and cupidity of European monarchs. + +Spain, France, Holland, and England each sought to rival the other in +the magnitude and value of their discoveries. As the primary object of +each of these European potentates was the same, and it was likely to +lead to much conflict of jurisdiction, the necessity of some general +rule became apparent, whereby their respective claims might be +acknowledged and adjudicated without resort to the arbitrament of arms. +Out of this necessity grew the rule which became a part of the +recognized law of nations, and which gave the preference of title to the +monarch whose vessels should be the first to discover, rather than to +the one who should first enter upon the possession of new lands. The +exclusion under this rule of all other claimants gave to the discovering +nation the sole right of acquiring the soil from the natives and of +planting settlements thereon. This was a right asserted by all the +commercial nations of Europe, and fully recognized in their dealings +with each other; and the assertion, of such a right necessarily carried +with it a modified denial of the Indian title to the land discovered. It +recognized in them nothing but a possessory title, involving a right of +occupancy and enjoyment until such time as the European sovereign should +purchase it from them. The ultimate fee was held to reside in such +sovereign, whereby the natives were inhibited from alienating in any +manner their right of possession to any but that sovereign or his +subjects. + +The recognition of these principles seems to have been complete, as is +evidenced by the history of America from its discovery to the present +day. France, England, Portugal, and Holland recognized them +unqualifiedly, and even Catholic Spain did not predicate her title +solely upon the grant of the Holy See. + +No one of these countries was more zealous in her maintenance of these +doctrines than England. In 1496 King Henry VII commissioned John and +Sebastian Cabot to proceed upon a voyage of discovery and to take +possession of such countries as they might find which were then unknown +to Christian people, in the name of the King of England. The results of +their voyages in the next and succeeding years laid the foundation for +the claim of England to the territory of that portion of North America +which subsequently formed the nucleus of our present possessions. + +The policy of the United States since the adoption of the Federal +Constitution has in this particular followed the precedent established +by the mother country. In the treaty of peace between Great Britain and +the United States following the Revolutionary war, the former not only +relinquished the right of government, but renounced and yielded to the +United States all pretensions and claims whatsoever to all the country +south and west of the great northern rivers and lakes as far as the +Mississippi. + +In the period between the conclusion of this treaty and the year 1789 it +was undoubtedly the opinion of Congress that the relinquishment of +territory thus made by Great Britain, without so much as a saving clause +guaranteeing the Indian right of occupancy, carried with it an absolute +and unqualified fee-simple title unembarrassed by any intermediate +estate or tenancy. In the treaties held with the Indians during this +period--notably those of Fort Stanwix, with the Six Nations, in 1784, +and Fort Finney, with the Shawnees, in 1786--they had been required to +acknowledge the United States as the sole and absolute sovereign of all +the territory ceded by Great Britain. + +This claim, though unintelligible to the savages in its legal aspects, +was practically understood by them to be fatal to their independence and +territorial rights. Although in a certain degree the border tribes had +been defeated in their conflicts with the United States, they still +retained sufficient strength and resources to render them formidable +antagonists, especially when the numbers and disposition of their +adjoining and more remote allies were taken into consideration. The +breadth, and boldness of the territorial claims thus asserted by the +United States were not long in producing their natural effect. The +active and sagacious Brant succeeded in reviving his favorite project of +an alliance between the Six Nations and the northwestern tribes. He +experienced but little trouble in convening a formidable assemblage of +Indians at Huron Village, opposite Detroit, where they held council +together from November 28 to December 18, 1786. + +These councils resulted in the presentation of an address to Congress, +wherein they expressed an earnest desire for peace, but firmly insisted +that all treaties carried on with the United States should be with the +general voice of the whole confederacy in the most open manner; that the +United States should prevent surveyors and others from crossing the Ohio +River; and they proposed a general treaty early in the spring of 1787. +This address purported to represent the Five Nations, Hurons, Ottawas, +Twichtwees, Shawanese, Chippewas, Cherokees, Delawares, Pottawatomies, +and the Wabash Confederates, and was signed with the totem of each +tribe. + +Such a remonstrance, considering the weakness of the government under +the old Articles of Confederation, and the exhausted condition +immediately following the Revolution, produced a profound sensation in +Congress. That body passed an act providing for the negotiation of a +treaty or treaties, and making an appropriation for the purchase and +extinguishment of the Indian claim to certain lands. These preparations +and appropriations resulted in two treaties made at Fort Harmar, January +9, 1789, one with the Six Nations, and the other with the Wiandot, +Delaware, Ottawa, Chippewa, Pottawatima, and Sac Nations, wherein the +Indian title of occupancy is clearly acknowledged. That the government +so understood and recognized this principle as entering into the text of +those treaties is evidenced by a communication bearing date June 15, +1789, from General Knox, then Secretary of War, to President Washington, +and which was communicated by the latter on the same day to Congress, in +which it is declared that-- + + The Indians, being the prior occupants, possess the right of soil. + It cannot be taken from them, unless by their free consent, or by + right of conquest in case of a just war. To dispossess them on any + other principle would be a gross violation of the fundamental laws + of nature, and of that distributive justice which is the glory of a + nation. + +The principle thus outlined and approved by the administration of +President Washington, although more than once questioned by interested +parties, has almost, if not quite, invariably been sustained by the +legal tribunals of the country, at least by the courts of final resort; +and the decisions of the Supreme Court of the United States bear +consistent testimony to its legal soundness. Several times has this +question in different forms appeared before the latter tribunal for +adjudication, and in each case has the Indian right been recognized and +protected. In 1823, 1831, and 1832, Chief Justice Marshall successively +delivered the opinion of the court in important cases involving the +Indian status and rights. In the second of these cases (The Cherokee +Nation _vs_. The State of Georgia) it was maintained that the Cherokees +were a state and had uniformly been treated as such since the settlement +of the country; that the numerous treaties made with them by the United +States recognized them as a people capable of maintaining the relations +of peace and war; of being responsible in their political character for +any violation of their engagements, or for any aggression committed on +the citizens of the United States by any individual of their community; +that the condition of the Indians in their relations to the United +States is perhaps unlike that of any other two peoples on the globe; +that, in general, nations not owing a common allegiance are foreign to +each other, but that the relation of the Indians to the United States is +marked by peculiar and cardinal distinctions which exist nowhere else; +that the Indians were acknowledged to have an unquestionable right to +the lands they occupied until that right should be extinguished by a +voluntary cession to our government; that it might well be doubted +whether those tribes which reside within the acknowledged boundaries of +the United States could with strict accuracy be denominated foreign +nations, but that they might more correctly perhaps be denominated +domestic dependent nations; that they occupied a territory to which we +asserted a title independent of their will, but which only took effect +in point of possession when their right of possession ceased. + +The Government of the United States having thus been committed in all of +its departments to the recognition of the principle of the Indian right +of possession, it becomes not only a subject of interest to the student +of history, but of practical value to the official records of the +government, that a carefully compiled work should exhibit the boundaries +of the several tracts of country which have been acquired from time to +time, within the present limits of the United States, by cession or +relinquishment from the various Indian tribes, either through the medium +of friendly negotiations and just compensation, or as the result of +military conquest. Such a work, if accurate, would form the basis of any +complete history of the Indian tribes in their relations to, and +influence upon the growth and diffusion of our population and +civilization. Such a contribution to the historical collections of the +country should comprise: + +1st. A series of maps of the several States and Territories, on a scale +ranging from ten to sixteen miles to an inch, grouped in atlas form, +upon which should be delineated in colors the boundary lines of the +various tracts of country ceded to the United States from time to time +by the different Indian tribes. + +2d. An accompanying historical text, not only reciting the substance of +the material provisions of the several treaties, but giving a history of +the causes leading to them,, as exhibited in contemporaneous official +correspondence and other trustworthy data. + +3d. A chronologic list of treaties with the various Indian tribes, +exhibiting the names of tribes, the date, place where, and person by +whom negotiated. + +4th. An alphabetic list of all rivers, lakes, mountains, villages, and +other objects or places mentioned in such treaties, together with their +location and the names by which they are at present known. + +5th. An alphabetic list of the principal rivers, lakes, mountains, and +other topographic features in the United States, showing not only their +present names but also the various names by which they have from time to +time been known since the discovery of America, giving in each case the +date and the authority therefor. + + +INDIAN BOUNDARIES. + +The most difficult and laborious feature of the work is that involved +under the first of these five subdivisions. The ordinary reader in +following the treaty provisions, in which the boundaries of the various +cessions are so specifically and minutely laid down, would anticipate +but little difficulty in tracing those boundaries upon the modern map. +In this he would find himself sadly at fault. In nearly all of the +treaties concluded half a century or more ago, wherein cessions of land +were made, occur the names of boundary points which are not to be found +on any modern map, and which have never been known to people of the +present generation living in the vicinity. + +In many of the older treaties this is the case with a large proportion +of the boundary points mentioned. The identification and exact location +of these points thus becomes at once a source of much laborious +research. Not unfrequently weeks and even months of time have been +consumed, thousands of old maps and many volumes of books examined, and +a voluminous correspondence conducted with local historical societies or +old settlers, in the effort to ascertain the location of a single +boundary point. + +To illustrate this difficulty, the case of "Hawkins' line" may be cited, +a boundary line mentioned in the cession by the Cherokees by treaty of +October 2, 1798. An examination of more than four thousand old and +modern maps and the scanning of more than fifty volumes failed to show +its location or to give even the slightest clue to it. A somewhat +extended correspondence with numerous persons in Tennessee, including +the veteran annalist, Ramsey, also failed to secure the desired +information. It was not until months of time had been consumed and +probable sources of information had been almost completely exhausted +that, through the persevering inquiries of Hon. John M. Lea, of +Nashville, Tenn., in conjunction with the present writer's own +investigations, the line was satisfactorily identified as being the +boundary line mentioned in the Cherokee treaty of July 2, 1791, and +described as extending from the North Carolina boundary "north to a +point from which a line is to be extended to the river Clinch that shall +pass the Holston at the ridge which divides the waters running into +Little River from those running into the Tennessee." + +It gained the title of "Hawkins' line" from the fact that a man named +Hawkins surveyed it. + +That this is not an isolated case, and as an illustration of the number +and frequency of changes in local geographical names in this country, it +may be remarked that in twenty treaties concluded by the Federal +Government with the various Indian tribes prior to the year 1800, in an +aggregate of one hundred and twenty objects and places therein recited, +seventy-three of them are wholly ignored in the latest edition of +Colton's Atlas; and this proportion will hold with but little diminution +in the treaties negotiated during the twenty years immediately +succeeding that date. + +Another and most perplexing question has been the adjustment of the +conflicting claims of different tribes of Indians to the same territory. +In the earlier days of the Federal period, when the entire country west +of the Alleghanies was occupied or controlled by numerous contiguous +tribes, whose methods of subsistence involved more or less of nomadic +habit, and who possessed large tracts of country then of no greater +value than merely to supply the immediate physical wants of the hunter +and fisherman, it was not essential to such tribes that a careful line +of demarkation should define the limits of their respective territorial +claims and jurisdiction. When, however, by reason of treaty negotiations +with the United States, with a view to the sale to the latter of a +specific area of territory within clearly-defined boundaries, it became +essential for the tribe with whom the treaty was being negotiated to +make assertion and exhibit satisfactory proof of its possessory title to +the country it proposed to sell, much controversy often arose with other +adjoining tribes, who claimed all or a portion of the proposed cession. +These conflicting claims were sometimes based upon ancient and +immemorial occupancy, sometimes upon early or more recent conquest, and +sometimes upon a sort of wholesale squatter-sovereignty title whereby a +whole tribe, in the course of a sudden and perhaps forced migration, +would settle down upon an unoccupied portion of the territory of some +less numerous tribe, and by sheer intimidation maintain such occupancy. + +In its various purchases from the Indians, the Government of the United +States, in seeking to quiet these conflicting territorial claims, have +not unfrequently been compelled to accept from two, and even three, +different tribes separate relinquishments of their respective rights, +titles, and claims to the same section of country. Under such +circumstances it can readily be seen, what difficulties would attend a +clear exhibition upon a single map of these various coincident and +overlapping strips of territory. The State of Illinois affords an +excellent illustration. The conflicting cessions in that State may be +briefly enumerated as follows: + +1. The cession at the mouth of Chicago River, by treaty of August 3, +1795, was also included within the limits of a subsequent cession made +by treaty of August 24, 1816, with the Ottawas, Chippewas, and +Pottawatomies. + +2. The cession at the mouth of the Illinois River, by treaty of 1795, +was overlapped by the Kaskaskia cession of 1803, again by the Sac and +Fox cession of 1804, and a third time by the Kickapoo cession of 1819. + +3. The cession at "Old Peoria Fort, or village," by treaty of 1795, was +also overlapped in like manner with the last preceding one. + +4. The cessions of 1795 at Fort Massac and at Great Salt Spring are +within the subsequent cession by the Kaskaskias of 1803. + +5. The cession of August 13, 1803, by the Kaskaskias, as ratified and +enlarged by the Kaskaskias and Peorias September 25, 1818, overlaps the +several sessions by previous treaty of 1795 at the mouth of the Illinois +River, at Great Salt Spring, at Fort Massac, and at Old Peoria Fort, and +is in turn overlapped by subsequent cessions of July 30, and August 30, +1819, by the Kickapoos and by the Pottawatomie cession of October 20, +1832. + +6. The Sac and Fox cession of November 3, 1804 (partly in Missouri and +Wisconsin) overlaps the cessions of 1795 at the mouth of the Illinois +River and at Old Peoria Fort. It is overlapped by two Chippewa, Ottawa, +and Pottawatomie cessions of July 29, 1829, the Winnebago cessions of +August 1, 1829, and September 1, 1832, and by the Chippewa, Ottawa, and +Pottawatomie cession of September 26, 1833. + +7. The Piankeshaw cession of December 30, 1805, is overlapped by the +Kickapoo cession of 1819. + +8. The Ottawa, Chippewa, and Pottawatomie cession of August 24, 1816, +overlaps the cession of 1795 around Chicago. + +9. The cession of October 2, 1818, by the Pottawatomies (partly in +Indiana), is overlapped by the subsequent cession of 1819, by the +Kickapoos. + +10. The combined cessions of July 30, and August 30, 1819, by the +Kickapoos (partly in Indiana), overlap the cessions of 1795 at the mouth +of the Illinois River and at Old Fort Peoria; also the Kaskaskia and +Peoria cessions of 1803 and 1818, the Piankeshaw cession of 1805, and +the Pottawatomie cession of October 2, 1818, and are overlapped by the +subsequent Pottawatomie cession of October 20, 1832. + +11. Two cessions were made by the Chippewas, Ottawas and Pottawatomies +by treaty of July 29, 1829 (partly located in Wisconsin), one of which +is entirely and the other largely within the limits of the country +previously ceded by the Sacs and Foxes, November 3, 1804. + +12. The Winnebago cession of August 1, 1829 (which is partly in +Wisconsin), is also wholly within the limits of the aforesaid Sac and +Fox cession of 1804. + +13. Cession by the Winnebagoes September 15, 1832, which is mostly in +the State of Wisconsin and which was also within the limits of the Sac +and Fox cession of 1804. + +14. Pottawatomie cession of October 20, 1832, which overlaps the +Kaskaskia and Peoria cession of August 13, 1803, as confirmed and +enlarged September 25, 1818, and also the Kickapoo cession by treaties +of July 30 and August 30, 1819. + +From this it will be seen that almost the entire country comprising the +present State of Illinois was the subject of controversy in the matter +of original ownership, and that the United States, in order fully to +extinguish the Indian claim thereto, actually bought it twice, and some +portions of it three times. It is proper, however, to add in this +connection that where the government at the date of a purchase from one +tribe was aware of an existing claim to the same region by another +tribe, it had the effect of diminishing the price paid. + + +ORIGINAL AND SECONDARY CESSIONS. + +Another difficulty that has arisen, and one which, in order to avoid +confusion, will necessitate the duplication in the atlas of the maps of +several States, is the attempt to show not only original, but also +secondary cessions of land. The policy followed by the United States for +many years in negotiating treaties with the tribes east of the +Mississippi River included the purchase of their former possessions and +their removal west of that river to reservations set apart for them +within the limits of country purchased for that purpose from its +original owners, and which were in turn retroceded to the United States +by its secondary owners. This has been largely the case in Missouri, +Arkansas, Kansas, Nebraska, and Indian Territory. The present State of +Kansas, for instance, was for the most part the inheritance of the +Kansas and Osage tribes. It was purchased from them by the provisions of +the treaties of June 2, 1825, with the Osage, and June 3, 1825, with the +Kansas tribe, they, however, reserving in each case a tract sufficiently +large for their own use and occupancy. These and subsequent cessions of +these two tribes must be shown upon a map of "original cessions." + +After securing these large concessions from the Kansas and Osages, the +government, in pursuance of the policy above alluded to, sought to +secure the removal of the remnant of Ohio, Indiana, and Illinois tribes +to this region by granting them, in part consideration for their eastern +possessions, reservations therein of size and location suitable to their +wishes and necessities. In this way homes were provided for the +Wyandots, Delawares, Shawnees, Pottawatomies, Sacs and Foxes of the +Mississippi, Kickapoos, the Confederated Kaskaskias, Peorias, +Piankeshaws, and Weas, the Ottawas of Blanchard's Fork and Roche de +Boeuf, and the Chippewas and Munsees. A few years of occupation again +found the advancing white settlements encroaching upon their domain, +with the usual accompanying demand for more land. Cessions, first; of a +portion and finally of the remnant, of these reservations followed, +coupled with the removal of the Indians to Indian Territory. These +several reservations and cessions must be indicated upon a map of +"secondary cessions." + +Object illustration is much, more striking and effective than mere +verbal description. In order, therefore, to secure to the reader the +clearest possible understanding of the subject, there is herewith +presented as an illustration a map of the State of Indiana, upon which +is delineated the boundaries of the different tracts of land within that +State ceded to the United States from time to time by treaty with the +various Indian tribes. + +The cessions are as follows: + +No. 1. A tract lying east of a line running from opposite the mouth of +Kentucky River, in a northerly direction, to Fort Recovery, in Ohio, and +which forms a small portion of the western end of the cession made by +the first paragraph of article 3, treaty of August 3, 1795, with the +Wyandots, Delawares, Miamis, and nine other tribes. Its boundaries are +indicated by scarlet lines. The bulk of the cession is in Ohio. + +No. 2. Six miles square at confluence of Saint Mary's and Saint Joseph's +Rivers, including Fort Wayne; also ceded by treaty of August 3, 1795, +and bounded on the map by scarlet lines. + +No. 3. Two miles square on the Wabash, at the end of the Portage of the +Miami of the Lake; also ceded by treaty of August 3, 1795, and bounded +on the map by scarlet lines. + +No. 4. Six miles square at Outatenon, or Old Wea Towns, on the Wabash; +also ceded by treaty of August 3, 1795, and bounded on the map by +scarlet lines. This tract was subsequently retroceded to the Indians by +article 8, treaty of September 30, 1809, and finally included within the +Pottawatomie session of October 2, 1818, and the Miami cession of +October 6, 1818. + +No. 5. Clarke's grant on the Ohio River; stipulated in deed from +Virginia to the United States in 1784 to be granted to General George +Rogers Clarke and his soldiers. This tract was specially excepted from +the limits of the Indian country by treaty of August 3, 1795, and is +bounded on the map by scarlet lines. + +No. 6. "Post of Vincennes and adjacent country, to which the Indian +title has been extinguished." This tract was specially excluded from the +limits of the Indian country by treaty of August 3, 1795. Doubt having +arisen as to its proper boundaries, they were specifically defined by +treaty of June 7, 1803. It is known as the "Vincennes tract"; is partly +in Illinois, and is bounded on the map by scarlet lines. + +No. 7. Tract ceded by the treaties of August 18, 1804, with the +Delawares, and August 27, 1804, with the Piankeshaws. In the southern +part of the State, and bounded on the map by green lines. + +No. 8. Cession by the treaty of August 21, 1805, with the Miamis, Eel +Rivers, and Weas, in the southeastern part of the State, and designated +by blue lines. + +No. 9. Cession by treaty of September 30, 1809, with the Miami, Eel +River, Delaware, and Pottawatomie tribes, adjoining "Vincennes tract" +(No. 9) on the north, and designated by yellow lines. This cession was +concurred in by the Weas in the treaty of October 26, 1809. + +No. 10. Cession by the same treaty of September 30, 1809; in the +southeastern portion of the State; bounded on the map by yellow lines. + +No. 11. Cession also by the treaty of September 30, 1809; marked by +crimson lines, and partly in Illinois. This cession was conditional upon +the consent of the Kickapoos, which was obtained by the treaty with them +of December 9, 1809. + +No. 12. Cession by the Kickapoos, December 9, 1809, which was +subsequently reaffirmed by them June 4, 1816. It was also assented to by +the Weas October 2, 1818, and by the Miamis October 6, 1818. It is +partly in Illinois, and is bounded on the map by green lines. The +Kickapoos also assented to the cession No. 11 by the Miamis _et al._, of +September 30, 1809. + +No. 13. Cession by the Wyandots, September 29, 1817. This is mostly in +Ohio, and is bounded on the map by yellow lines. + +No. 14. Cession by the Pottawatomies, October 2, 1818; partly in +Illinois, and is denoted by brown lines. A subsequent treaty of August +30, 1819, with the Kickapoos, cedes a tract of country (No. 16) which +overlaps this cession, the overlap being indicated by a dotted blue +line. + +By the treaty of October 2, 1818, the Weas ceded all the land claimed by +them in Ohio, Indiana, and Illinois, except a small reserve on the +Wabash River. Their claim was of a general and indefinite character, and +is fully covered by more definite cessions by other tribes. + +By the treaty of October 3, 1818, the Delawares ceded all their claim to +land in Indiana. This claim, which they held in joint tenancy with the +Miamis, was located on the waters of White River, and it is included +within the tract marked 15, ceded by the Miamis October 6, 1818. + +No. 15. Cession by the Miamis, October 6, 1818; bounded on the map by +purple lines. Its general boundaries cover all of Central Indiana and a +small portion of Western Ohio, but within its limits were included the +Wea Reservation of 1818 (No. 17), and six tracts of different dimensions +were reserved for the future use of the Miamis [Nos. 21, 29 (30 and 50), +(31, 48, 53, and 54), 49, and 51]. The Miamis also assented to the +Kickapoo cession of December 9, 1809 (No. 12). The Kickapoos in turn, by +treaty of July 30, 1819, relinquished all claim to country southeast of +the Wabash, which was an indefinite tract, and is covered by the +foregoing Miami cession of 1818. + +No. 16. Cession by the Kickapoos, August 30, 1819. This cession is +bounded on the map by blue lines, and is largely in Illinois. It +overlaps the Pottawatomie cession of October 2, 1818 (No. 14), the +overlap being indicated by a dotted blue line. It is inborn overlapped +by the Pottawatomie cession (No. 23) of October 26, 1832. + +No. 17. Cession by the Weas, August 11, 1820, of the tract reserved by +them October 2, 1818. It is on the Wabash River, in the western part of +the State, and is indicated by blue lines. It is within the general +limits of the Miami cession (No. 15) of October 6, 1818. + +No. 18. Cession of August 29, 1821, by the Ottowas, Chippewas, and +Pottawatomies, indicated by green lines, and mostly in Michigan. + +No. 19. Cession by the Pottawatomies, by first clause of first article +of the treaty of October 16, 1826. It lies north of Wabash River, and is +bounded on the map by blue lines. This and an indefinite extent of +adjoining country was also claimed by the Miamis, who ceded their claim +thereto October 23, 1826, with the exception of sundry small +reservations, four of which [Nos. 26, 27, 32, and 52] were partially or +entirely within the general limits of the Pottawatomie. + +No. 20. Cession by the last clause of the first article of the +Pottawatomie treaty of October 16, 1826; in the northwest corner of the +State, and bounded on the map by scarlet lines. + +As above stated, the Miamis, by treaty of October 23, 1826, ceded all +their claim to land in Indiana lying north and west of the Wabash and +Miami (Maumee) Rivers, except six small tribal, and a number of +individual reserves and grants. These six tribal, reserves were numbers +23, 27, 32, 52, 25, and 28, the first four of which, as above remarked, +were either partially or entirely within the Pottawatomie cession by the +first clause of the first article of the treaty of October 16, 1826, and +the other two within the Pottawatomie cession of October 27, 1832. + +No. 21. Cession by the Eel River Miamis, February 11, 1828, bounded on +the map by green lines. This tract is within the general limits of the +Miami cession (No. 15) of 1818, and was reserved therefrom. + +No. 22. Cession by the second clause of the first article of the +Pottawatomie treaty of September 20, 1828, designated by brown lines. + +No. 23. Cession by the Pottawatomies, October 26, 1832, is in the +northwest portion of the State, and is indicated by yellow lines. Near +the southwest corner it overlaps the Kickapoo cession (No. 16) of August +30, 1819. Within the general limits of this cession seven tracts were +reserved for different bands of the tribe, which will be found on the +map numbered as follows: 33, 34, 39, 40 (two reserves), 41, and 42. + +No. 24. Cession by the Pottawatomies of Indiana and Michigan, October +27, 1832, which in terms is a relinquishment of their claim to any +remaining lands in the States of Indiana and Illinois, and in the +Territory of Michigan south of Grand River. The cession thus made in +Indiana is bounded on the map by scarlet lines. Within the general +limits of this cession, however, they reserved for the use of various +bands of the tribe eleven tracts of different areas, and which are +numbered as follows: 35, 36, 37, 38, 43 (two reserves), 44 (two +reserves), 45, 46, and 47. + +Nos. 25 to 32, inclusive. Cession of October 23, 1834, by the Miamis, of +eight small tracts previously reserved to them, all bounded on the map +by green lines. These are located as follows: + + No. 25. Tract of thirty-six sections at Flat Belly's village, + reserved by treaty of 1826; in townships 33 and 34 north, ranges 7 + and 8 east. + + No. 26. Tract of five miles in length on the Wabash, extending + back to Eel River, reserved by treaty of 1826; in townships 27 and + 28 north, ranges 4 and 5 east. + + No. 27. Tract of ten sections at Raccoon's Village, reserved by + the treaty of 1826; in townships 29 and 30 north, ranges 10 and 11 + east. + + No. 28. Tract of ten sections on Mud Creek, reserved by the treaty + of 1826; in township 28 north, range 4 east. The treaty of October + 27, 1832, with the Pottawatomies, established a reserve of sixteen + sections for the bands of Ash-kum and Wee-si-o-nas (No. 46), and + one of five sections for the band of Wee-sau (No. 47), which + overlapped and included nearly all the territory comprised in the + Mud Creek reserve. + + No. 29. Tract of two miles square on Salamanie River, at the mouth + of At-che-pong-quawe Creek, reserved by the treaty of 1818; in + township 23 north, ranges 13 and 14 east. + + No. 30. A portion of the tract opposite the mouth of Aboutte + River, reserved by the treaty of 1818; in townships 29 and 30 + north, ranges 10, 11, and 12 east. + + No. 31. A portion of the tract known as the "Big Reserve," + established by the treaty of 1818; in townships 21 to 27, + inclusive, ranges 1 and 2 east. + + No. 32. Tract of ten sections at the Forks of the Wabash, reserved + by the treaty of 1826. This cession provides for the relinquishment + of the Indian title and the issuance of a patent to John B. + Richardville therefor. In township 28 north, ranges 8 and 9 east. + +No. 33. Cession of December 4, 1834, by Com-o-za's band of +Pottawatomies, of a tract of two sections reserved for them on the +Tippecanoe River by the treaty of October 26, 1832. + +No. 34. Cession of December 10, 1834, by Mau-ke-kose's (Muck-rose) band +of Pottawatomies, of six sections reserved to them by the treaty of +October 26, 1832; in township 32 north, range 2 east, and bounded on the +map by crimson lines. + +No. 35. Cession of December 16, 1834, by the Pottawatomies, of two +sections reserved by the treaty of October 27, 1832, to include their +mills on the Tippecanoe River. + +No. 36. Cession of December 17, 1834, by Mota's band of Pottawatomies, +of four sections reserved for them by the treaty of October 27, 1832; in +townships 32 and 33 north, range 5 east, indicated by blue lines. + +No. 37. Cession of March 26, 1836, by Mes-quaw-buck's band of +Pottawatomies, of four sections reserved to them by the treaty of +October 27, 1832; in township 33 north, range 6 east, indicated by +crimson lines. + +No. 38. Cession of March 29, 1836, by Che-case's band of Pottawatomies, +of four sections reserved for them by the treaty of October 27, 1832; in +townships 32 and 33 north, ranges 5 and 6 east, bounded on the map by +yellow lines. + +No. 39. Cession of April 11, 1836, by Aub-ba-naub-bee's band of +Pottawatomies, of thirty-six sections reserved for them, by the treaty +of October 26, 1832. In townships 31 and 32 north, ranges 1 and 2 east, +bounded on the map by blue lines. + +No. 40. Cession of April 22, 1836, by the bands of O-kaw-mause, +Kee-waw-nee, Nee-boash, and Ma-che-saw (Mat-chis-jaw), of ten sections +reserved to them by the Pottawatomie treaty of October 26, 1832. + +No. 41. Cession of April 22, 1836, by the bands of Nas-waw-kee +(Nees-waugh-gee) and Quash-quaw, of three sections reserved for them by +the treaty of October 26, 1832; in township 32 north, range 1 east, +bounded on the map by scarlet lines. + +No. 42. Cession of August 5, 1836, by the bands of Pee-pin-ah-waw, +Mack-kah-tah-mo-may, and No-taw-kah (Pottawatomies), of twenty-two +sections reserved for them and the band of Menom-i-nee (the latter of +which does not seem to be mentioned in the treaty of cession), by treaty +of October 26, 1832; in township 33 north, ranges 1 and 2 east, bounded +on the map by green lines. + +No. 43. Cession of September 20, 1836, by the bands of To-i-sas brother +Me-mot-way, and Che-quaw-ka-ko, of ten sections reserved for them by the +Pottawatomie treaty of October 27, 1832, and cession of September 22, +1836, by Ma-sac's band of Pottawatomies, of four sections reserved for +them by the treaty of October 27, 1832; in township 31 north, range 3 +east, bounded on the map by crimson lines. + +Nos. 44 to 47, inclusive. Cessions of September 23, 1836, by various +bands of Pottawatomies, of lands reserved for them by the treaty of 1832 +(being all of their remaining lands in Indiana), as follows: + + No. 44. Four sections each for the bands of Kin-kash and + Men-o-quet; in township 33 north, ranges 5 and 6 east, bounded on + the map by crimson lines. + + No. 45. Ten sections for the band of Che-chaw-kose; in township 32 + north, range 4 east, designated by scarlet lines. + + No. 46. Sixteen sections for the bands of Ash-kum and Wee-si-o-nas; + in townships 28 and 29 north, range 4 east, bounded on the map by a + dotted black line, and overlapping No. 28. + + No. 47. Five sections for the band of Wee-sau; in township 28 + north, range 4 east, adjoining No. 46, bounded on the map by a + dotted black line, and overlapping Nos. 19 and 28. + +A cession for the second time is also made by this treaty of the four +sections reserved for the band of Mota (No. 35), by the treaty of +October 27, 1832. + +Nos. 48 to 52, inclusive. Cessions of November 6, 1838, by the Miamis, +as follows: + + No. 48. A portion of the "Big Reserve," in townships 25, 26, and + 27 north, ranges 2, 3, 4, 5, 6, and 7 east, bounded on the map by + crimson lines, within the limits of which is reserved a tract for + the band of Me-to-sin-ia, numbered 54. + + No. 49. The reservation by the treaty of 1818, on the Wabash River, + below the forks thereof; in townships 27 and 28 north, ranges 8 and + 9 east, bounded on the map by scarlet lines. + + No. 50. The remainder of the tract reserved by the treaty of 1818, + opposite the mouth of Abouette River; in townships 28 and 29 north, + ranges 10, 11, and 12 east, denoted by crimson lines. + + No. 51. The reserve by the treaty of 1818 at the mouth of Flat Rock + Creek; in township 27 north, ranges 10 and 11 east, bounded on the + map by crimson lines. + + No. 52. The reserve at Seek's Village by the treaty of 1826; in + townships 31 and 32 north, ranges 9 and 10 east, marked by yellow + lines. + +No. 53. Cession of November 28, 1840, of the residue of the "Big +Reserve" (except the grant to Me-to-sin-ia's band No. 54); in townships +21 to 26 north, ranges 2 to 7 east, designated by yellow lines. + +No. 54. By the Miami treaty of November 6, 1838, a reserve of ten miles +square was made (out of the general cession) for the band of +Me-to-sin-ia. By the treaty of November 28, 1840, the United States +agreed to convey this tract to Me-shing-go-me-sia, son of Me-to-sin-ia, +in trust for the band. + +By act of Congress approved June 10, 1872, this reserve was partitioned +among the members of the band, 63 in number, and patents issued to each +of them for his or her share. It is in townships 25 and 26 north, ranges +6 and 7 east, and is bounded on the map by green lines. + +This ended all Indian tribal title to lands within the State of Indiana. + + * * * * * + +The results to accrue from the researches contemplated under the 2d, 3d, +4th, and 5th subdivisions of the work suggested have already been +outlined with sufficient clearness, and need not be farther elaborated +here. + +A source of much delay in the collection of facts essential to the +completion of the work is the apparent indifference of librarians and +others in responding to letters of inquiry. Some, however, have entered +most zealously and intelligently into the work of searching musty +records and interviewing the traditional "oldest inhabitant" for light +on these dark spots. Thanks are especially due in this regard to Hon. +John M. Lea, Nashville, Tenn.; William Harden, librarian State +Historical Society, Savannah, Ga.; K.A. Linderfelt, librarian Public +Library, Milwaukee, Wis.; Dr. John A. Rice, Merton, Wis.; Hon. John +Wentworth, Chicago, Ill.; A. Cheesebrough and Hon. J.N. Campbell, of +Detroit, Mich.; D.S. Durrie, librarian State Historical Society, +Madison, Wis.; H.M. Robinson, Milwaukee, Wis.; Andrew Jackson, Sault +Ste. Marie, Mich.; A.W. Rush, Palmyra, Mo.; H.C. Campbell, Centreville, +Mich., and others. + + +INDEX + +Atlas showing cessions of land 252 +Boundaries, Indian 253 +Cabot, John 250 + , Sebastian 250 +Cessions of land, xxvii 249 + by the Indians, in Indiana 257 + original and secondary 256 +Council, Indian, at Huron village 251 +Hawkins Line (boundary) 253 +Illinois, Purchase of land for Indians in 254 +Indian title, Character of 249 +Indiana, Cession of land by the Indians 257 +Land cessions 249 +Lea, John M 253 +Original and secondary cessions 256 +Possession, Right of 252 +Purchases of land from Indians in Illinois 254 +Title, Indian, Character of 249 + inheres in discoverer 249 +Treaties at Fort Harmar 251 + + + +***END OF THE PROJECT GUTENBERG EBOOK CESSIONS OF LAND BY INDIAN TRIBES TO +THE UNITED STATES: ILLUSTRATED BY THOSE IN THE STATE OF INDIANA*** + + +******* This file should be named 17148.txt or 17148.zip ******* + + +This and all associated files of various formats will be found in: +https://www.gutenberg.org/dirs/1/7/1/4/17148 + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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