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Treaty with Prairie and Kankakee bands of Pottawatomie Indians, made at Tippecunoe,
Ind.. October 20, 1832. Indians cede land as follows: Beginning at a point on Lake Michigan 10 miles southward of the mouth of Chicago River; thence in a direct line to a point on the Kankakee River 10 miles above its mouth; thence with said river and the Illinois River to the mouth of the Fox River, being the boundary of a cession made by them in 1816; thence with the southern boundary of the Indian Territory to the State line between Illinois and Indiana ; thence north with said line to Lake Michigan; thence with the shore of Lake Michigan to the place of beginning. (Art. 1.) Tracts set apart within cessions. (Art. 2.) The sum of $15,000 annually for twenty years. (Art. 3.) Payment of claims amounting to $28,746 and $45,000 worth of merchandise on signing treaty, and $30,000 worth to be paid in 1833, and $1,400 to certain Indians for horses stolen. Indians to hunt on ceded lands. (Art. 4.)
Proclaimed January 21, 1833.1
Treaty with the Potlawatomies, at Tippecanoe, Ind., October 26, 1832. The Indians cede the following tract: Beginning at a point on Lake Michigan where the line dividing the States of Indiana and Illinois intersects the same ; thence with the margin of said lake to the intersection of the southern boundary of a cession made by the Pottawatomies at the treaty of October 16, 1826; thence east to the northwest corner of the cession made by the treaty of September 20, 1828; thence south 10 miles; thence with the Indian boundary line to the Michigan road; thence south with said road to the northern boundary line, as designated in the treaty of October 26, 1826; thence west with the Indian boundary line to the river Tippecanoe ; thence with the Indian boundary line, as established by the treaty of October 2, 1818, to the line dividing the States of Indiana and Illinois, and thence north, with the line dividing the said States, to the place of beginning. (Art. 1.) Grants set apart. (Art. 2.) The sum of $100,000 in goods at signing of treaty; $30,000 worth, 1833; $20,000 for twenty years. (Art. 3.) Debts amounting to $62,412 to be paid. (Art. 4.) United States to assist Indians when they desire to emigrate. (Art. 5.) Saw-mill erected. (Art. 6.)
Proclaimed January 21, 1833.2 Treaty with the Pottawatomies of Indiana and Michigan Territory, made at Tippeoanoe,
Ind., October 27, 1832. Indians cede all lands in Indiana and Illinois and in Michigan south of Grand River. (Art. 1.) Sixty-eight sections for different bauds set apart. (Art. 2.) Tracts patented to individuals. (Art. 3.) The sum of $15,000 for twelve years, and $32,000 in goods; $10,000 worth in 1833 ; debts amounting to $20,721 to be paid ; $2,000 for education so long as Congress thinks proper. (Art. 4.)
Proclaimed January 21, 1833.3
For treaties of September 26, 1833, and September 27, 1833, seo Chippowa treaty of same date-Michigan. Treaty with the Pottawatomies, made at a camp on Lake Mazceniekuckee, Ind., December 4,
1834. The band cede two sections of land reserved for it by article 2, treaty October 26, 1832. (Art. 1.) Possession given in three years. (Art. 2.) Payment of $100 in goods and $400 cash. (Art. 3.) Treaty binding when ratified. (Art. 4.)
Proclaimed March 16, 1835.4
By treaties with the different bands of Pottawatomies, made in Indiana and datud December 10, 16, 17, 1834; March 26 and 29, April 11 and 22, August 3, September 1 United States Statutes at Largo, Vol. VII, p. 378. * Ibid., p. 394.
3 Ibid., p. 399. • Ibid., p. 467.
20, 22, and 23, 1836, the Indians cede to the United States the lands granted to them by the treaties of October 26 and 27, 1833, receiving as compensation a total amount of $99,840 and payment of expenses of treaties, and agree to remove west of the Mississippi within two years.'
Treaty with the Pottawatomies, made at Washington, February 11, 1837.
Indians agree to cessions of treaties of August 5 and September 23, 1836, of lands reserved by treaties of October 26 and 27, 1832, and will remove southwest of Missouri River within two years. (Art. 1.) Moneys promised in treaties of August and September, 1836, to be paid. (Art. 2.) Tract on Osage River, sufficient in extent for their wants, to be patented to Pottawatomies of Indiana, and one year's snbsistence furnished on their arrival. (Art. 3.) United States to buy for $4,000 tract of five sections near Rock village, reserved for Quiquito by treaty of October 20, 1832. (Art. 4.) Treaty binding when ratified. (Art. 5.)
Proclaimed February 18, 1837.5
Treaty with the Pottawatomie Nation, made at its agency, on the Kansas River, November
Reservation in Kansas acquired by article 4, treaty of June 5 and 17, 1846, to be surveyed. Land allotted. Portions set apart in common. Remainder to be sold. (Art. 1.) Census of those desiring land in severalty and those land in common to be taken. Each chief allowed one section; head-man, half section; head of family, quarter section; other persons, 80 acres Certificates to be issued. Land exempt from levy, and to be disposed of to United States only. Persons receiving certificates to relinquish all right to land assigned to others in severalty or held in common and proceeds of sale of same. (Art. 2.) President to grant a fee-simple patent and a division of tri bal funds to any male head of family giving proof of capacity to manage his own affairs. Indian may become citizen by appearing in district court of Kansas, taking oath of allegiance and giving proof of civilized life and support of family for at least five years. (Art. 3.) Those persons desiring to hold land in common to have a similar quantity for each individual, as provided in article 2, and to relinquish all claim for land taken in severalty and proceeds of sale. (Art. 4.) Leavenworth, Pawnee and Western Railroad to have privilege of purchasing remainder of Pottawatomie lands at $1.25 per acre, under restrictions set forth. Payment to be made in nine years. Company to have perpetual right of way over Pottawatomie lands not sold, not exceeding 100 feet in width, and to use gravel, stone, earth, and other material except timber for construction and operation of road. To make compensation for damages done while obtaining such material, any lands not purchased or forfeited by railroad company to be sold to highest bidder at auction, (Art. 5.) Three hundred and twenty acres of land, including church, school-houses, and fields, to be conveyed to three trustees of St. Mary's Roman Catholic Mission, the land to be used exclusively for the maintenance of a school and church so long as Pottawatomies occupy reservation. Three hundred and twenty acres to be conveyed to Baptist Board of Missions. (Art. 6.) Interest on improvement fand to be expended for agricultural implements. (Art. 7.) Any band desiring to remove, the United States to appraise and sell land and invest money for benefit of said band. (Art. 8.) Claims under former treaties to hold good. (Art. 9.) Allottees to have pro rata share of improvement fund for agricultural purposes. (Art. 10.) Treaty binding when ratified. (Art. 11.)
Proclaimed April 19, 1861.3
1 United States Statutes at Large, Vol. VII, pp. 407, 469, 469, 490, 498, 499, 500, 501, 505, 513, 514, 515. 2 Ibid., p. 532. 3 Ibid., p. 1191.
Treaty with the Pottawatomies, made at Tashington, March 29, 1366. Provisions of article of former treaty extended to adult persons without distinction of sex. Proclaimed May 5, 1866.1
Treaty with the Pottawatomies, made at Washington, February 27, 1867. Delegation of Pottawatomies to accompany commission to select for the tribes in Kansas a reservation in Indian Territory not exceeding 30 miles square. Upon survey said tract to be patented to Pottawatomie Indians. (Art. 1.) New reservation to be purchased from money derived from the sale of lands to railroad under treaty November 15, 1861. Prairie band to have no interest in reservation, but in lieu to receive pro rata share of proceeds of sale in money. Atchison, Topeka, and Santa Fé Railroad may purchase unsold lands at $1 per acre. Payment within five years as provided. (Art. 2.) New reservation never to be included in any State or Territory unless Indian Territory shall be organized. (Art. 3.) Register to be made of Indians desiring to remove and those desiring to become citizens as provided. No person to receive the proceeds of the sale of his land unless authorized by agent. (Art. 4.) Proceeds of sales to be expended for benefit of owner on new reservation. (Art. 5.) Provisions for citizenship re-affirmed. (Art. 6.) Allottees to have benefit of probate court. (Art. 8.) Amounts due Pottawatomies to be ascertained. (Art. 9.) Report made to Congress. (Art. 10.) Lands set apart for mission schools to be granted them in fee-simple, and purchase of certain lands by individuals authorized. (Art. 11.) Provisions of this treaty not to interfere with members holding their land in conmon. (Art. 12.) Inconsistent provisions of former treaties to be void. (Art. 13.) Expense of treaty to be paid by United States. (Art. 14.)
Proclaimed August 7, 1868.2 An act to provide homes for Pottawatomies and absentee Shawnees in the Indian Territory,
May 23, 1872. Citizen band of Zottawatomies.-Secretary of the Interior authorized to issue certificates of allotment to land lying within the 30-mile square tract heretofore selected for Pottawatomie Indians next west of Seminole Reservation. To each member of citizen band of Pottawatomie Indians, the head of a family or person over twenty-one years of age, 160 acres granted ; to minors, 80 acres. Land to include improvements made by individuals. Certificates to individuals allotted. Land for exclusive use of assignees and their heirs. Until otherwise provided by law it shall be exempt from levy or sale and alienable or leased only to United States or Indians lawfully residing within said territory. Such allotments to be made to persons who have resided or shall hereafter reside three years continuously on such reservation. The cost of such lands to the United States to be paid from any fund held for benefit of such Indians and charged as their distributed share, or shall be paid for by said Indians before such certificates are issued. Said Indians shall neither acquire nor exercise under the laws of the United States any rights or privileges in said Indian Territory other than those enjoyed by the members of Indian tribes lawfully residing there. Indians may enforce tribal usages not inconsistent with the laws of the United States for the preservation of rights of person and property and shall be entitled to representation in the territorial council and subject to their laws. (Sec. 1.)
Absentee Shawnees.-Upon the satisfaction of the Secretary of the Interior any pure or mixed-blood absentee Shawnee, the head of a family or over twenty-one years of age, who has resided continuously for three years within the 30-mile tract before mentioned and made improvements thereon, shall receive a certificate of allotment for 80 acres, to include his or her improvements, and an additional 20 acres for each minor child belonging to the said family. Certificate issued with the same provisions as in preceding section. (Sec. 2.)3
1 United States Statutes at Large, Vol. XIV, p. 763. Ibid., Vol. XV, p. 531. Vol. XVII, p. 159.
CHEROKEE RESERVATION. How established.-By treaties of February 14, 1833, of December 29, 1835, and of July 19, 1866.
Area and survey.-Contains 5,031,353 acres, of which 2,500,000 are classed as tillable. Outboundaries surveyed.
Acres cultirated.-Not reported separately in 1886.
Tribes and population. The tribe living here is the Cherokee. Popalation, 22,000.”
Location.-See treaties for location.
The five civilized tribes, although under an agent, are not under an agency organization such as is common to other reservations.
The governments of the Five Nations are similar to the government of the State of Mississippi. Their constitution is based on that of the United States. The laws are “fitted to the condition of the people, and are affected to some extent by their ancient customs." “ The treaties of the United States are declared the supreme law of the land, and the intercourse laws in pursuance thereof paramount.” “Religious and political tolerance is secured, and the rights of person, property, and reputation protected." The title of the land is vested in the nation, and the citizen has the “indefeasible right” to occupy and control what he wishes to cultivate. The government is divided into the executive,judicial, and legislative departments.
The head of the executive division is called the principal chief, He has an advisory council of three selected by the national council, beside his secretaries. In this office are kept the archives of the nation. All warranty on the public treasury are drawn by the principal chief. The treasurer is a bonded officer, and is the custodian and disburser of the national funds, upon lawful warrants and appropriations. He has a salaried secretary. The executive department has also an auditor who supervises the accounts of the nation in its internal management.
The judicial department of the Cherokee Nation is composed of a district court for each of the nine political districts, with probate jurisdiction and original and exclusive jurisdiction over certain minor civil cases and misdemeanors, with right of appeal to circuit court, which meets semi-annually in each district. The circuit court has original jurisdiction over civil cases exceeding $100 in value, and in felony cases. The right of appeal lies from the circuit court to the supreme court of the Cherokee Nation. In cases involving the death penalty one of the justices of the supreme court presides. The supreme court is composed of a chief-justice and two associate justices. It is a court of appeals, and with original jurisdiction in murder and treason cases. It provides rules and regulations, and its decisions gover the lower court.
Each of the nine political districts has its sheriff and subordinate officers, who keep records of the court meetings, all probate matter, transfers of property, permits granted United States citizens, brands of cattle, and other public matters. Each district has also its prosecuting attorney.
The legislative department is the “national council," composed of a senate and house, the latter called the “council.” Senators and representatives are elected by the people, every man over eighteen having a vote, and voting viva voce. There are two clerks and two judges at each election precinct, one of each from the two rival parties, and they record the voter's choice in his presence.*
Education, School population estimated at 4,660. The schools are under a board of education. The orphan asylum averages 150 children, and costs the nation $19,080.92.
Report of Indian Commissioner, 1884, p. 308. Ibid., p. 239. 3 Ibid., 1886, p. 398. * Ibid., pp. 146–161.
Male seminary accomnuodation, 150; average attendauce, 140. Cost to the nation, $16,696.25.
Female seminary accommodation, 150; cost $15,838.10. One hundred public schools scattered over the district in proportion to population, the neighborhoods furnishing the houses. Maximum number of pupils allowed in one school, 35. Maximum salary, $50 per month. Cost of these schools, $36,082.65. Total cost to nction for education, $37,497.92.
Besides these public schools are the following:1 Worcester Academy, Vinita, accommodation.
150 Baptist mission, Tahlequah, accommodation ....
75 Presbyterian mission, Tahlequah, accommodation.
60 Moravian mission, Oaks, accommodation ... Presbyterian misslon, Childer's station, accommodation
50 Episcopalian school, Prairie City, accommodation Presbyterian school, Locust Grove, accommodation
50 Besides others not reported. Aggregate attendance 4,091; average attendance 2,516.
SYNOPSIS OF CHEROKEE TREATIES.
Treaty made at Hopewell, on the Keowee River, November 28, 1785. Indians restore all prisoners and property. (Art. 1.) United States to restore prisoners. (Art. 2.)
Acknowledge supremacy of United States. (Art. 3.) Boundary line of hunting grounds defined from mouth of Duck River northeast to Cumberland, 40 miles above Nashville, thence to the mountains of North Carolina and Georgia (Art. 4), on which no citizen is to settle. (Art. 5.) Indians agree to deliver up criminals. (Art. 6.) Citizens to be punished for offenses against the Indians. (Art. 7.) Retaliation prohibited. (Art. 8.)
United States to regulate trade. (Art. 9.) Citizens permitted to trade pending legislation. (Art. 10.) Indians to give notice of any design against the Govern. ment. (Art. 11.) May send a deputy to Congress. (Art. 12.) Peace establisbed. (Art. 13.) ?
Treaty made on the Holston River, July 2, 1791. Perpetual peace (Art. 1) and protection of the United States acknowledged. (Art. 2.) Prisoners to be restored. (Art. 3.) Boundaries of hunting grounds to be marked, and all land to the right of line ceded; as payment, presents to be delivered and $1,000 paid annually. (Art. 4.) Construction of road to the Mero district and navi. gation of Tennessee River agreed to. (Art. 5.) United States to have sole right of trade. (Art. 6.) Unceded lands solemnly guarantied. (Art. 7.) No citizen to settle on Cherokee land (Art. 8) or to hunt. (Art. 9.) Indians to deliver up criminals. (Art. 10.) Citizens committing crimes in Indian Territory to be punished. (Art. 11.) Retaliation restrained. (Art. 12.) Notices to be given of designs against Government. (Art. 13.)
United States to furnish implements of husbandry, and interpreters. (Art. 14.) Animosities to cease. (Art. 15.) Treaty binding when ratified. (Art. 16.)
Proclaimed February 7, 1792.3
Additional Article, February 17, 1792, payment increased to $1,500 annually. (See Art. 4.) Proclaimed February 17, 1792.*
Treaty made on the Holston River, June 26, 1794. Preceding treaty not having been carried into execution hereby declared binding. (Art. 1.) Boundaries of Cherokee lands to be marked. (Art. 2.) In lieu of other
1 Report of Indian Commissioner, 1886, pp. lxxi-lxxii. 2 United States Statutes at Large, Vol. VII, p. 18. 3 Ibid., p. 39. * Ibid., p. 42.