Treaty with the Chippewa - September 30, 1854
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DOCUMENT: CHIPTRT4.TXT
TREATY WITH THE CHIPPEWA
SEPTEMBER 30, 1854
Articles of a treaty made and concluded at La Pointe,
in the State of Wisconsin, between Henry C. Gilbert and
David B. Herriman, commissioners on the part of the United
States, and the Chippewa Indians of Lake Superior and the
Mississippi, by their chiefs and headmen.
ARTICLE 1. The Chippewas of Lake Superior hereby cede
to the United States all the lands heretofore owned by them
in common with the Chippewas of the Mississippi, lying east
of the following boundary line, to wit: Beginning at a
point, where the east branch of Snake River crosses the
southern boundary line of the Chippewa country, running
thence up the said branch to its source, thence nearly
north, in a straight line, to the mouth of East Savannah
River, thence up the St. Louis River to the mouth of East
Swan River, thence up the East swan River to its source,
thence in a straight line to the most westerly bend of
Vermillion River, and thence down the Vermillion River to
its mouth.
The Chippewas of the Mississippi hereby assent and
agree to the foregoing cession and consent that the whole
amount of the consideration money for the country ceded
above, shall be paid to the Chippewas of Lake Superior, and
in consideration thereof the Chippewas of Lake Superior
hereby relinquish to the Chippewas of the Mississippi, all
their interest in and claim to the lands heretofore owned by
them in common, lying west of the above boundary-line.
ARTICLE 2. [Designation of boundary lines]
ARTICLE 3. The United States will define the boundaries
of the reserved tracts, whenever it may be necessary, by
actual survey, and the President may, from time to time, at
his discretion, cause the whole to be surveyed, and may
assign to each head of a family or single person over
twenty-one years of age, eighty acres of land for his or
their separate use: and he may, at his discretion, as fast
as the occupants become capable of transacting their own
affairs, issue patents therefor to such occupants, with such
restrictions of the power of alienation as he may see fit to
impose. And he may also, at his discretion, make rules and
regulations, respecting the disposition of the lands in case
of the death of the head of a family, or single person
occupying the same, or in case of its abandonment by them.
And he may also assign other lands in exchange for mineral
lands, if any such are found in the tracts herein set apart.
And he may also make such changes in the boundaries of such
reserved tracts or otherwise, as shall be necessary to
prevent interference with any vested rights. All necessary
roads, highways, and railroads, the lines of which may run
through any of the reserved tracts, shall have the right of
way through the same, compensation being made therefor as in
other cases.
ARTICLE 4. In consideration of and payment for the
country hereby ceded, the United States agree to pay to the
Chippewas of Lake Superior, annually, for the term of twenty
years, the following sums, to wit: five thousand dollars in
coin; eight thousand dollars in goods, household furniture
and cooking utensils; three thousand dollars in agricultural
implements and cattle, carpenter's and other tools and
building materials, and three thousand dollars for moral and
educational purposes, of which last sum, three hundred
dollars per annum shall be paid to the Grand Portage band,
to enable them to maintain a school at their village. The
United States will also pay the further sum of ninety
thousand dollars, as the chiefs in open council may direct,
to enable them to meet their present just engagements. Also
the further sum of six thousand dollars, in agricultural
implements, household furniture, and cooking utensils, to be
distributed at the next annuity payment, among the mixed
bloods of said nation. The United States will also furnish
two hundred guns, one hundred rifles, five hundred beaver
traps, three hundred dollars' worth of ammunition, and one
thousand dollars' worth of ready made clothing, to be
distributed among the young men of the nation, at the next
annuity payment.
ARTICLE 5. The United States will also furnish a
blacksmith and assistant, with the usual amount of stock,
during the continuance of the annuity payments, and as much
longer as the President may think proper, at each of the
points herein set apart for the residence of the Indians,
the same to be in lieu of all the employees to which the
Chippewas of Lake Superior may be entitled under previous
existing treaties.
ARTICLE 6. The annuities of the Indians shall not be
taken to pay the debts of individuals, but satisfaction for
depredations committed by them shall be made by them in such
manner as the President may direct.
ARTICLE 7. No spirituous liquors shall be made, sold,
or used on any of the lands herein set apart for the
residence of the Indians, and the sale of the same shall be
prohibited in the Territory hereby ceded, until otherwise
ordered by the President.
ARTICLE 8. It is agreed, between the Chippewas of Lake
Superior and the Chippewas of the Mississippi, that the
former shall be entitled to two-thirds, and the latter to
one-third, of all benefits to be derived from former
treaties existing prior to the year 1847.
ARTICLE 9. The United States agrees that an examination
shall be made, and all sums that may be found equitably due
to the Indians, for arrearages of annuity or other thing,
under the provisions of former treaties, shall be paid as
the chiefs may direct.
ARTICLE 10. All missionaries, and teachers, and other
persons of full age, residing in the territory hereby ceded,
or upon any of the reservations hereby made by authority of
law, shall be allowed to enter the land occupied by them at
the minimum price whenever the surveys shall be completed to
the amount of one quarter section each.
ARTICLE 11. All annuity payments to the Chippewas of
Lake Superior, shall hereafter be made at L'Anse, La Pointe,
Grand Portage, and on the St. Louis River, and the Indians
shall not be required to remove from the homes hereby set
apart for them. And such of them as reside in the territory
hereby ceded, shall have the right to hunt and fish therein,
until otherwise ordered by the President.
ARTICLE 12. In consideration of the poverty of the Bois
Forte Indians who are parties to this treaty, they having
never received any annuity payments, and of the great extent
of that part of the ceded country owned exclusively by them,
the following additional stipulations are made for their
benefit. The United States will pay the sum of ten thousand
dollars, as their chiefs in open council may direct, to
enable them to meet their present just engagements. Also the
further sum of ten thousand dollars, in five equal annual
payments, in blankets, cloth, nets, guns, ammunition, and
such other articles of necessity as they may require.
They shall have the right to select their reservation
at any time hereafter, under the direction of the President;
and the same may be equal in extent, in proportion to their
numbers, to those allowed the other bands, and be subject to
the same provisions.
They shall be allowed a blacksmith, and the usual smith
shop supplies and also two persons to instruct them in
farming, whenever in the opinion of the President it shall
be proper, and for such length of time as he shall direct.
It is understood that all Indians who are parties to
this treaty, except the Chippewas of the Mississippi, shall
hereafter be known as the Chippewas of Lake Superior.
Provided, That the stipulation by which the Chippewas of
Lake Superior relinquishing their right to land west of the
boundary line shall not apply to the Bois Forte band who are
parties to this treaty.
ARTICLE 13. This treaty shall be obligatory on the
contracting parties, as soon as the same shall be ratified
by the President and Senate of the United States.
In testimony whereof, the said Henry C. Gilbert, and
the said David B. Herriman, commissioners as aforesaid, and
the undersigned chiefs and headmen of the Chippewas of Lake
Superior and the Mississippi, have hereunto set their hands
and seals, at the place aforesaid, this thirtieth day of
September, one thousand eight hundred and fifty-four.
Henry C. Gilbert,
David B. Herriman,
Commissioners
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