2/18/1850, p. 10
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Know all men by these presents that we the undersigned members of and
representing the "Eel River" tribe of Indians now residing in the
County of Miami and State of Indiana have made, constituted, ordained and
irrevocably appointed, and do hereby make, constitute, ordain and irrevocably
appoint Alphonso A. Cole of the same County and State the true and lawful
attorney of said tribe, to ask, demand, procure, recover or receive for us and
in our names or in the name and on behalf of said tribe any and all moneys due
said tribe for annuities in arread or which may hereafter become due and any
and all moneys due said tribe for improvements or any other moneys due said
tribe from the United States, the Miami Nation of Indians, or from any person
or persons, and in any manner whatsoever.
And we hereby give our said attorney full power and authority to adopt such measures and to use such means as he may deem necessary on behalf and in the name of said tribe for the purpose of procuring said annuities or moneys or any part thereof; and upon the receipt of such moneys or any part thereof to execute receipts, releases, or other sufficient discharges for and in the name of said tribe or for us and in our names; and generally to do and perform any and all lawful acts and things necessary to be done in and about the premises for and in the name of said tribe or for us and in our names as fully to all intents and purposes as we might or could do if personally present
Hereby ratifying and confirming all and what soever our said attorney may lawfully do in the premises by virtue hereof.
In witness whereof the undersigned on behalf of said tribe have hereunto set their hands and seals this 25th day of September A.D. 1849
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Signed & Sealed |
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Chau-go-shing-goh |
herXmark seal |
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2/18/1850, p. 11
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State of Indiana
Miami County
Before me the undersigned an acting Justice of the Peace in & for Said county this day personally came the within named Chau-go-shing-goh, Ma-zon-ze-quah, Tah-ke-quoh, Waw-paw-co-se-quah, Sah-coh-quah, and Tah-cone-zac-quah, who each acknowledged the Signing and Sealing of the within power of attorney to be their voluntary act and deed for the purposes therein expressed
Given under my hand and seal this 27th day of September A.D. 1849.
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David C.
Jenkins Seal |
STATE OF INDIANA,
Miami County, ss.
I, James B. Fulwiler Clerk of the Miami Circuit Court in said State, do hereby certify that David C Jenkins whose name is subscribed to the foregoing acknowledgment was, at the time of his signing the same; and is now an acting Justice of the peace in and for said County, duly commissioned and qualified according to law, and that the signature above, purporting to be his, is genuine.
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In Witness whereof, I have hereunto |
2/18/1850, p. 12
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State of Indiana
Miami County ss
Before me the undersigned an acting Justice of the peace in and for Said County personally came James T. Miller of lawful age tourt of the age of thirty seven years who is personally known to me as a gentleman of truth and veracity who being by me duly sworn upon his oath deposes and says.
That for the last twenty years he has resided in the Wabash Country in Said State and that for the last nineteen years he has been engaged either as principal or clerk in the Indian trade and has during the whole of the time been acquainted with the Miami, Eel river, and Wea tribes of Indians and Speaks and understands their language.
This Deponent further States that when he first became acquainted with said Eel river tribe General John Tipton was their agent and Ne-go-ta-cop-waw on Flour and his brother Dixon were the Chiefs of said Eel river tribe and that the remnant of said tribe consisting principally if not entirely of the families and connexions of said Chiefs now reside on Deer Creek in Said County, and that they reside together as they have always heretofore done in a Separate band or tribe.
Deponent further states that while Genl. Tipton was Agent he always paid said Eel Rivers their annuities and generally at a time and place separate from the payments to either the Miamies or Weas and that he has been present at Such payments at different times
This Deponent further States that he can not State positively when said Eel Rivers last received their annuities after Genl. Tipton ceased to be their Agent but thinks they could not have received more than two or three payments afterwards if any,
This affiant further says that for the last ten or twelve years the old women of said Eel River tribe have complained to him about being cheated out of their annuities and that (to use their own expression) "Old Chief Richardvill" (Chief of the Miamies) "had stolen it from them."
2/18/1850, p. 13
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This Deponent further states that it is his belief that said Eel Rivers would
Still have received their annuities had it not been for the fact that the
principal chiefs and head men of the Eel Rivers had either died or been
assassinated and none but women and boys were left to represent their rights
who were unheeded by the agents who succeeded Genl Tipton as well as
the Miami traders from the fear or dislike of offending the Miamies whith whom
many of them had large interests at stake. And further this Deponent saith not.
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James T Miller |
Subscribed and Sworn to before me this 24th day of November A.D 1849
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William A. McGregor Seal
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STATE OF INDIANA,
Miami County ss.
I James B. Fulwiler Clerk of the Miami Circuit Court in said State, do hereby certify that William A McGregor whose name is subscribed to the foregoing affidavit was, at the time of his signing the same, and is now an acting Justice of the peace in and for said County, duly commissioned and qualified according to law, and that the signature above, purporting to be his, is genuine.
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In Witness whereof, I have hereunto
set |
2/18/1850, p. 14
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State of Indiana
Miami County ss
Before me the undersigned an acting Justice of the peace in and for said County this day personally came James Avaline of lawful age tourt of the age of thirty eight years, and known to me to be a man of truth and veracity and a reputable citizen of said County who being by me duly sworn upon his oath says that for the last twenty eight years he has resided in said State in the district or portion of country occupied by the Eel River, Miami, and Wea tribes of Indians, that during the whole of said time with the exception of a few short intervals he has been engaged either as clerk or principal in the Indian trade and Speaks and understands the language of said tribes.
This affiant further States that during said time he has been acquainted with the greater portion, and especially the chiefs, principal men and warriors of each of Said tribes, and that the remnant of the Said "Eel River" tribe and the whole of Said tribe which is now extant consisting of about twenty persons now reside in a band together in Said County of Miami in which County they have resided as near as this affiant can recollect ever since the year 1829, and that they have always to the best of this affiants Knowledge and belief lived together as a separate band or tribe, and that So long as their annuities were paid them at all they were paid to them separately from those of the Miamies, Weas, or any other tribe, and at different times and places from the payments made to the Miamies or Weas.
This affiant further says that when he first became acquainted with the members of the said Eel River tribe, k-go-ta-cop-waw, and his brother who was commonly called Dixon were the Chiefs or head men of said tribe, the Said k-go-ta-cop-waw, or Flour being the principal chief; that the said Chiefs were the reputed sons of Sha-me-kun-ne-sa, or the Soldier a celebrated chief of Said tribe and who represented the Same at the treaty of Greenville in 1795 and during the early intercourse of said tribe with the United States.
2/18/1850, p. 15
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This affiant also States that Chan-go, Shing-goh, Ma-zon- ze-quah, Thah, Ke,
quoh, Waw-paw-co-se-quah, Sah-coh-quah, Tah-cone-zac-quah, and Waw-caw-co-nong
are now the principal individuals, and the persons who represent said tribe,
all of whom are females except the said Sah-coh- quah and Waw-caw-co-nong, who
are the only adult males of Said tribe and are brothers and children of the
Said Dixon and grandsons of the Said Sha-me-kun-ne-sa, or Soldier. That the
Said Chan-go-shing-goh, is the oldest of the tribe and is the widow of the Said
k-go-ta-cop-waw, or Flour, the Said Ma-zon-ze-quoh is the only daughter of the
Said Chan-go-Shing-goh, and that, the said Tah-ke-quah is the widow of the said
Dixon whos[e] Indian name was A tah- Ko-Ke-aw; the Said Waw-po-se-quoh, is the
widow of another Son of the said soldier and brother of the Said Flour and
Dixon whose name this affiant does not reccollect who has been dead for a great
number of years, and the Said Tah- cone-zac-qua is the widow of another sons of
the Said soldier.
This affiant further states that among the whites Said tribe for the last fourteen or fifteen years were frequently and perhaps generally called Weas, from the fact as this affiant believes that they at one time occupied a country adjacent to that of the Weas, and were understood not to be Miamies from the Circumstance of their being excluded from any participation in the annuities of the Miamies, but among the Indians of each of said tribes, they were always understood to be the Eel river tribe, and on account of their being Eel rivers and not Miamies or Weas, they have been deprived of their annuities as hereinafter stated.
This affiant further states that the said Flour was assassinated about fifteen years ago and was at the time the only adult male of Said tribe except one discipated individual who died about a year or year and a half afterwards; that up to this time the annuities of Said tribe of Eel river were regularly paid to them, that the same was always paid by Genl. Tipton when he was then agent and according to the best of this affiants recollection and belief one payment was made to them by Genl. Marshall while he was agent which is the last payment of annuities that has been made to them.
2/18/1850, p. 16
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Said affiant also states that their may have been some persons among said tribe
of Eel rivers who were permitted to draw a share of annuities among the Miamies
on account of their being connected by marriage with them, but those persons
who had been always Known and delignated as Eel rivers (including the persons
above named) have not since the last payment made to them as aforesaid been
permitted to draw any annuities either with the Miamies or otherwise.
This affiant further states that in fall of 1839 he removed to Peru in Said County of Miami at which time he engaged as the principal clerk in the Indian business for Messes Ewing Walker & Co who were then about commencing an extensive Indian business, where he had more intercourse and became more intimately acquainted with said Eel River tribe. That shortly after this time and at different times for the next succeeding four or five years the said old women frequently complained to him that they had been deprived of their annuities, that they had spoken to other white men concerning the matter who either could not properly understand them or did not feel disposed to aid them, that their annuities were always paid them while their old men were alive but that since their death they had been cheated out of their money, that they had "great papers" from their first "great Father" which would show that the Miamies had no right to cheat them out of their annuities, but being in the employ of Mess. Ewing Walker & Co as aforesaid whose business at Peru was principally the Miami trade, and afterwards on my own account and not wishing to engage in a controversy which would arouse the predjudices of that tribe against us I did not pay much attention to the matter untill about the time of the payment of annuities to the Miamies in the fall of 1844, at which time I was Solicited as I had been previously by the said Eel rivers to represent their case to Mr Allen Hamilton who was then the Agent who referred the whole matter to the Indians (Miamies) who consulted about the matter for some three or four days during which time the payment was delayed awaiting their decision which was that the Eel rivers should be excluded and the whole annuites of both Miamies & Eel rivers were paid over to the Miamies.
2/18/1850, p. 17
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This affiant further states that at the next succeeding Payment of annuities in
the fall of 1845 Mr. Joseph Sinclear then being the agent, he this affiant at
the request of said Eel Rivers again applied to the Said Sinclear on their
behalf for the payment of their annuities who also referred the matter as his
predecessor had done to the decision of the Miamies. One of the said old Eel
river women at that time appeared before the agent and Miamies and held in her
hand a bundle of parchments and papers (which were afterwards handed to me and
I placed them in the hands of Alphonso A. Cole,) and told the Miamies that the
papers She held in her hand showed their right to their money, that when the
Eel river chiefs were alive the Miamies would have been afraid to "Steal"
their money and that they did not dare to do so untill their old men were all
dead. The Miamies at that time admitted them to be the Eel river tribe but made
some complaints about a treaty they had made with Genl. Tipton, and said that
they had not been allowed to draw any money for several years and that the
Miamies were entitled to the whole of it. The Conclusion of the matter was that
the Eel Rivers were excluded as they had been previously, the whole of them
some twenty in number being then upon the ground and the Same who are now
residing in Said County of Miami.
This affiant further states that the Said Eel rivers are residing upon and cultivating a piece of land owned in fee simple by one of their number, and though poor they are honest, sober, and industrious and less degraded than Indians are generally found, and further this deponent saith not
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James Avaline |
Subscribed and Sworn to before me this 29th day of September A.D. 1849
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Peter
Huling seal |
2/18/1850, p. 18
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STATE OF INDIANA,
Miami County ss.
I James B. Fulwiler Clerk of the Miami Circuit Court in said State, do hereby certify that Peter Huling whose name is subscribed to the foregoing affidavit was, at the time of his signing the same, and is now an Acting Justice of the peace in and for said County, duly commissioned and qualified according to law, and that the signature above, purporting to be his, is genuine.
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In Witness whereof, I have hereunto
set |
2/18/1850, p. 19
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( Copy )
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Fort Wayne, July 24. 1848. |
Sir,
Your letter of the 12th has been received, the Indians about whom you inquire are those given as Weas in the list I transmitted to you on the 21st instant.
There can be no doubt but that most, if not all the persons named in the list as weas, are of that portion of the Miamies usually designated as Eel River Miamies, and that they are the remnant of the Thornton party of Eel Rivers which entered into a Treaty with Genl. Tipton at the Wyandot village on the 11th February 1828; Ching-Shing-gaw, the old woman of 55 or 60 years of age named in the list, was the wife of the principal man of the party.
I have long been of the opinion that these Indians should be treated in every respect as Miamies, and while acting as Sub-agent I took the liberty to address a letter to the Department on the subject, this letter bears date February 25th 1846, to which permit me to refer you for a portion of the information you now seek.
I do not think that the Indians in question should be regarded as having distinct and separate interests from the other portion of the Miamies. By act 4 of Treaty at Grousland of August 21. 1805, it was declared that the Miamies, Eel Rivers and Weas were formerly & still consider themselves as one nation," and I know of no act or treaty which can be regarded as dissolving this connexion between the Miamies and Eel Rivers; the Weas by treaty of August 11. 1820, 3 Article withdrew from the connexion and agreed to receive their annuities at Kascaskia in the State of Illinois. No separation from the other Miamies could have been contemplated by the Eel Rivers by their treaty with Genl Tipton of Feby 11. 1828, (the last treaty made with this band) and no interruption occurred in the intercourse with, or of the position occupied by the two portions of the Miamies at the time, nor until the year 1838 or 1839, when all, or nearly all the men of the Eel Rivers having died or been assassinated, the Chiefs by an unreasonable exercise of the privilege which they enjoyed under the old negotations concerning payments, excluded the Eel Rivers from a participation in any part of their National Annuities &c.
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