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Treaty of November 24, 1848

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Whereas by an act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved on the third day of March, A. D. 1843, it was provided that the township of land on the east side of Winnebago Lake, secured to said tribe by the treaty with the Menomonee Indians of February 8th, 1831, as amended by the Senate of the United States, and not heretofore ceded by said tribe to the United States, should be divided and allotted among the individual members of said tribe, by commissioners to be elected for that purpose, who were to make report of such division and allotment, and thereupon the persons composing said tribe were to become citizens of the United States.

And whereas a portion of said tribe refused to recognize the validity of said act of Congress, or the proceedings which were had under it, or to be governed by its provisions, and upon their petition a subsequent act was passed by the Congress of the United States, on the 6th day of August, 1846, repealing the said act of March 3d, 1843, and providing, among other things, that such of said tribe as should enroll themselves with the subagent of Indians affairs at Green Bay, should be and remain citizens of the United States, and the residue of said tribe were restored to their ancient form of government as an Indian tribe. It was also provided that the said township of land should be divided into two districts, one of which was to be known as the “Indian district,” the other as the “citizen district;” the former to be held in common by the party who did not desire citizenship, and the latter to be divided and allotted among such as were citizens and desired to remain so.

And whereas it has been found impracticable to carry into full effect the provisions of the act of August 6th, 1846, by dividing the said township of land in the manner specified in said act, without infringing upon private rights acquired in good faith under the act of 1843 hereinbefore referred to, with a view of relieving both the Indian and citizen parties of said Stockbridge tribe of Indians from their present embarrassments, and to secure to each their just rights, articles of agreement and compromise have been entered into, as follows:

Articles of agreement and treaty made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of November, in the year of our Lord one thousand eight hundred and forty-eight, by and between the undersigned, acting commissioners on the part of the United States of America, and the Stockbridge tribe of Indians.

Article 1. The said Stockbridge tribe of Indians renounce an participation in any of the benefits or privileges granted or conferred by the act of Congress entitled “An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin,” approved March 3, 1843, and relinquish all rights secured by said act; and they do hereby acknowledge and declare themselves to be under the protection and guardianship of the United States, as other Indian tribes.

Article 2. That no misunderstanding may exist, now or hereafter, in determining who compose said tribe and are parties hereto, it is agreed that a roll or census shall be taken and appended to this agreement, and in like manner taken annually hereafter, and returned to the Secretary of the War Department of the United States, containing the names of all such as are parties hereto, and to be known and recognized as the Stockbridge tribe of Indians, who shall each be entitled to their due proportion of the benefits to be derived from the provisions made for their tribe by this and former agreements; and whenever any of them shall separate themselves from said tribe, or abandon the country which may be selected for their future home, the share or portion of such shall cease, and they shall forfeit all claims to be recognized as members of said tribe.

Article 3. The said Stockbridge tribe of Indians hereby sell and relinquish to the United States the township of land on the east side of Lake Winnebago, (granted and secured to said tribe by the treaty with the Menomonee tribe of Indians of February 8, 1831, as amended by the resolution of the Senate of the United States,) and situated in the State of Wisconsin.

Article 4. The said township of land shall be surveyed into lots, in conformity with the plan adopted by the commissioners elected under the act of March 3, 1843, and such of said lands as were allotted by said commissioners to members of said tribe who have become citizens of the United States (a schedule of which is hereunto annexed) are hereby confirmed to such individuals respectively, and patents therefor shall be issued by the United States. The residue of said lands belonging to the United States shall be brought into market but shall not be sold at less than the appraised value, unless the Senate of the United States shall otherwise determine.

Article 5. In consideration of the cession and relinquishment hereinbefore made by the said Stockbridge tribe of Indians, it is agreed that the United States shall pay to said tribe, within six months after the ratification of this agreement, the sum of sixteen thousand five hundred dollars, to enable them to settle their affairs, obtain necessaries, and make provision for establishing themselves in a new home.

Article 6. The United States shall also pay to said tribe, within six months after the ratification of this agreement, the sum of fourteen thousand five hundred and four dollars and eighty-five cents, being the appraised value of their improvements upon the lands herein ceded and relinquished to the United States, and to be paid to the individuals claiming said improvements according to the schedule and assessment herewith transmitted.

Article 7. It is further stipulated and agreed that the said Stockbridge tribe may remain upon the lands they now occupy for one year after the ratification of this agreement, and that they will remove to the country set apart for them, or such other west of the Mississipi River as they may be able to secure, where all their treaty stipulations with the Government shall be carried into effect.

Article 8. Whenever the said Stockbridge tribe shall signify their wish to emigrate, the United States will defray the expenses of their removal west of the Mississippi and furnish them with subsistence for one year after their arrival at their new home.

Article 9. It is further stipulated and agreed, that, for the purpose of making provision for the rising generation of said tribe, the sum of sixteen thousand five hundred dollars shall be invested by the United States in stock, bearing an interest of not less than five per cent. per annum, the interest of which shall be paid annually to said tribe, as other annuities are paid by the United States.

Article 10. It is agreed that nothing herein shall prevent a survey of said lands, at any time after the ratification of this agreement, and that said tribe shall commit no waste or do unnecessary damage upon the premises occupied by them.

Article 11. The United States will pay the expenses incurred by the sachem and head-men, amounting to three thousand dollars, in attending to the business of said tribe since the year 1843.

Article 12. This agreement to be binding and obligatory upon the contracting parties from and after its ratification by the Government of the United States.

In witness whereof, the said commissioners, and the sachem, councillors, and headmen of said tribe, have hereunto set their hands and seals, the day and year above written.

Morgan L. Martin
Albert G. Ellis

Augustin E. Quinney, Sachem
Zeba T. Peters
Peter D. Littleman
* Abram Pye
Councillors
Joseph M. Quinney
Samuel Stephens
Jeremiah Slingerland
* Benjamin Pye, 2d
Simon S. Metoxen
Daniel Metoxen
* Moses Charles
* Benjamin Pye, 3d
* Jacob Jehoiakim
John Metoxen
John W. Quinney,
Samuel Miller
Councillors
* David Palmer
Ezekiel Ribinson
* James Joshua
* Garrett Thompson
* Laurens Yocron
* Thomas Schanandoah
* John W. Quinney, jr.
* Nicolas Palmer
John P. Quinney
* Washington Quinney
* Aaron Turkey

To each of the names of the Indians marked with an asterisk is affixed his mark.

In presence of:
Charles A. Grignon, U. S. Interpreter.
Lemuel Goodell
Eleazer Williams
Charles Poreuninozer

Supplemental Article

Whereas the Stockbridge and Munsee Indians consider that they have a claim against the United States for indemnity for certain lands on White River in the State of Indiana, and for certain other lands in the State of Wisconsin, which they allege they have been deprived of by treaties entered into with the Miamies and Delawares, or to the lands claimed by them in Indiana, and with the Menomonees and Winnebagoes, or to the lands in Wisconsin, without their consent; and whereas the said Stockbridge and Munsee Indians, by their chiefs and agents, have continued to prosecute their said claims during the last twenty years at their own expense, except the sum of three thousand dollars paid them in 1821; and whereas it is desirable that all ground of discontent on the part of said Indians shall be removed, the United States do further stipulate, in consideration of the relinquishment by them of said claims, and all other, except as provided in this treaty, to pay the sachems or chiefs of said Indians, on the ratification of this article by them, with the assent of their people, the sum of five thousand dollars, and the further sum of twenty thousand dollars, to be paid in ten annual instalments, to commence when the said Indians shall have selected and removed to their new homes, as contemplated by the seventh article of this treaty.

The President of the United States, within two years from the ratification of this treaty, shall procure for the use of said Stockbridge Indians a quantity of land west of the Mississippi River, upon which they shall reside, not less than seventy-two sections, said Indians to be consulted as to the location of said land, and to be holden by the same tenure as other Indian lands.

Roll or census of the Stockbridge tribe of Indians

taken in conformity with the provisions of the second article of the within agreement

Heads of families.Male.Female.Boys.Girls.Total
Austin E. Quinney11349
John Metoxen121
Benjamin Pye, sen1113
Garret Thompson1124
Elisha Konkapot1113
John W. Quinney11
John P. Quinney1113
Peter D. Littleman11125
Jonas Thompson11114
James Joshua11
Joseph M. Quinney11215
Simon L. Metoxen11259
Benjamin Pye, 2d11136
Thomas Schenandoah112
Aaron Turkey11226
Abram Pye11417
Benjamin Pye, 4th1113
Benjamin Doxtater11114
Moses Charles11114
Benjamin Pye, 3d11114
Eli Williams11
David Palmer1113
Jacob Konkapot1113
Daniel Metoxen112
Elizabeth Palmer (widow)1113
Elizabeth Aaron1124
Catharine Butterfield112
Samuel Miller11428
Louisa Jamison11
Jacob Jahoicum11
Anna Turkey11
Jeremiah Slingerland134
John Yocum1124
Elizabeth Wilber1135
John W. Quinney, jr., and sister112
Clarissa Miller and son112
Elizabeth Pye112
Phoebe S. Ricket11
Josiah Abrams, wife, and sister123
Jeremiah Bennet1225
Paul Pye1113
Peter Bennet11
Ziba T. Peters1124
Ezekiel Robinson and brother22
Lawrence Yocum11
Moses Doxtater112
Lucinda Quinney1214
Jemima Doxtater11
Amelia Quinney112
Peter Bennet, sen11136
John Bennet11114
Levi Konkapot11
Samuel Stevens11
John Killsnake11
Lewis Hendricks11
Diana Davids11
177

Single Men, Stockbridge, November 24, 1848

John Metoxen, John W. Quinney, Samuel Miller, Ziba T. Peters, Peter D. Littleman, Abram Pye, Joseph M. Quinney, Samuel Stephens, Jeremiah Slingerland, Benjamin Pye, 2d, Simon S. Metoxen, Daniel Metoxen, Moses Charles, Benjamin Pye, 3d, Jacob Jehoiakim, David Palmer, Ezekiel Robinson, James Joshua, Garret Thompson, Laurens Yocum, Thomas Schanandoah, Joshua W. Quinney, jr., Nicholas Palmer, John P. Quinney, Washington Quinney, and Aaron Turkey.

Schedule of lands to be patented to individuals under the 4th article of the above agreement

Names.No. of lot.No. of acres.
Josiah Chicks1
Nancy Chicks2
John N. Chicks4
Jacob Davids5
Harvey Johnson8
Hannah P. Chicks10
Dindemia, Big DeerE. end 1422.66
Puella Jourdain16
Jacobs Chicks17
John N. Chicks18
Josiah Chicks20
Jacob Chicks21
Jos. L. Chicks22
Jacob Chicks23
John N. Chicks24
Moses E. Merrill25,26,27
John N. Chicks28, 29
Jane Dean30
Mariette Abrams31
Catharine MillsN. ½ 3230.62
Joseph L. Chicks33
John Dick37
John More38
Isaac Jocobs40
Benjamin Welch31
Lucy Jacobs44
Daniel Davids47
Daniel DavidsN. ½ 48
John W. AbramsS. ½ 48
Louisa Davids50
Harry E. Eastman51
Eunice Abrams52
Daniel Davids53
John N. Chicks54
Hoel S. WrightS. part of 555
Oscar WrightN. part of 5557½
John LittlemanS ½ 56
Daniel DavidsN ½ 56
Darius Davids57
Margaret Davids58
Daniel Davids60
Erastus Welch, (a strip E. of road)656 chains 25 lks. wide off S. side of lot.
Richard FiddlerE. of road 65     Balance of the lot.
Henry Modlinpart 65     W. of road, 54 3/8
Henry Jacobs63
Lucy Jacobsfrac’l part of 66     W. of road, 50.50
John W. AbramsE ½ 68
John Dick70
Eunice AbramsN. ½ 76
Mary HendrickE. ½ 78
Isaac Jacobs and George Bennet79
John N. Chicks81
John N. Chicks and Jacob Davids82
Nancy HuntW. ½ 8331 ¼

 

James Menagre and Betsy Menagrepart of 84 E. end15 ½
Betsy WyattW. ½ 85 & 8662 ½
William Gardner87
Timothy Jourdain90
Timothy JourdainS. ½ 9131.25
Charles Stevens92 & 94
Nancy Homm98
Joseph L. Chicks102
John N. Chicks103
John Moore105
Josiah Chicks106
John N. Chicks110
Timothy Jourdain111, 112
John Littleman113
Nathan Goodell115
Charles StevensS. part 11950
Catharine LittlemanE. part 12854.60
John Moore129
John W. Abrams130
Jacob Davids131
Adam SheriffW. ½ 13231.25
Jacob Davids133
Joseph L. Chicks134
Catharine MillsW. ½ 136
Joseph Doxtater144 & 145
Isaac Jacobs151
Alexander Abrams154
Jacob Davids155
Darius Davids156
John Littleman157
Isaac Jacobs158
Hannah W. Chicks159
Catharine Mills160
Nathan Goodell170
John N. Chicks173
James N. Lane174
Jacob Davids175
Job Moore176
Thomas J. Chicks179
Harvey Johnson180
Nancy Gardner181
Abagail Jourdain182
Abram Chicks184
Bartholomew Bowman186
Harriet Jourdain187
Andrew Chicks188
Sarah Davids189
Job Moore191
William GardnerS. part of 192, and 22150
Mordy MannN. part of 192, and 22170
Mary N. Chicks194
William Gardner220
Triphane E. Jourdain222
Caleb Moors223
Isaac Simons224

 

Isabel Chicks225
Sophia M. Jourdain226
Jesse Bownan227
Catharine Franks228
Jonathan Chicks229
Jonas Davids231
Adam Davids232
Linke Jourdain233
Elizabeth Moore234
Joseph Doxtater235
George Bennet237
Isaac Simmons240
Abigail Moore263
Henry Moore264
William Scott265
William ScottS. ½ 266
George BennetN. ½ 266
Reuben Johnson267
Silas Jourdain268
Jesse M. Jourdain271
Simon Gardner274
Hannah Moore276
Solomon Davids277
Edward Howell279
Harriet Johnson280
Lucinda Gardner282
Hope Moore284
Jemison C. Chicks308
Obadiah Gardner309
Rachael Davids313
Julius Davids314
Elizabeth Bowman315
Jeremiah Gardner316
Mary Jane Bowman317
Nancy Johnson319
Jason Simmons320
Betsy Menagre321
Darius Davids323
Humble M. Jourdain325
Stephen Gardner326
Francis T. Davids327
Mary McAllister328
Mary Hendrick335
Susannah Hendrick349
Jacob Moore355
David Gardner357
George Gardner359
Catharine Bowman360
Serepta Johnson361
Thankful Stephens362
William Gardner364
Joseph Chicks365
John Chicks366
Charles Stephens367,368
Timothy Jourdain369, 370,371
Jacob Chicks372,373
Paul D. Hayward375
State of Wisconsin383School purposes.
Timothy Jourdain384
Jeremiah Johnson385,389
American Board of Commissioners for Foreign Missions.386,390
Jacob Chick387,391
Timothy Jourdain388
John N. Chicks392,396
William Gardner393, 394,397, 398
Lemuel GoodellN. end 395 2acres.

 

Valuationof improvements, (vide Art. 6.)

 

NameAcres.Dollars.
Austin E. Quinney163.382,760 63
49.50718 25
Joseph M. Quinney30.90617 15
Samuel Stevens38.76703 26
Moses Chicks43.00980 50
Elizabeth Palmer29.06512 41
Samuel Miller55.62880 87
Elisha Konkapot5.00142 50
Peter D. Littleman3.25168 88
John P. Quinney15.50267 50
Heirs of J. Yocum5.7878 03
Aaron Turkey6.00311 00
Benjamin Pye, 2d40.00640 00
John Metoxen50.00825 00
Mrs. B. Wright5.0067 50
Abraham Pye30.00495 00
Benjamin Pye, 4th40 00
Benjamin Pye, sr40 00
Benjamin Pye, 3d20.00350 00
Garrett Thompson30.00485 00
Ziba T. Peters10.00215 00
Betsy T. Aaron3.0085 00
Thomas Skenandoah17.00349 50
Simon S. Metoxen30.00535 00
Elizabeth Wilber41.62711 87
Ezekiel Robinson4.0060 00
J. W. Quinney60.001,315 00
School-house        150 00
$14,504 85

 

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