1/23/1824, p. 1 |
|
Washington City |
Sir,
No-tack-shin-qa the principal Cheif of the Piankishaw tribe of Indians, with the rest of the headmen of that nation, requested me to lay before you their claim to the lands ceded by the Kickapoos of the vermillion in the treaty of Fort Harrison of August 1819. In submitting their claim to you it will be necessary to shew by what tenure they held the right to the Country which they claim, and how far that right was acknowledged by other nations of Indians and the recognition of that right by the United States on various treaties made with them. The tenure by which they held these lands was by occupation and cultivation their different villages were situated on the head waters of the Embarras, mill creek, and vermillion all tributary streams of the Wabash, and taking their sources in the same plains, with the waters of the Illinois and the Mississippi; their residence at those places, and the right to the lands were acknowledged to me by the Delawares, Weas, and Shawnees. There long residence, the cultivation of the ground, and the right to do so, acknowledged by the surrounding nations of Indians invested a title in them, which by the customs and usages of the Indians no other tribes had a right to dispose of. How far this claim is acknowledged by the United States, is found in the treaty of vincennes of the 27th August 1804, by that treaty there is an express acknowledgement of their claim to the lands east of the dividing ridge of the Mississippi and Wabash rivers. By the treaty of December 1805, the Piankishaws cede all their between the Wabash and those lands ceded by the Kaskaskas in 1803; and south of a line drawn from the corner of the Vincennes tract, north 78 west untill it intersects the boundary line, which heretofore seperated the lands of the Piankishaw from the lands ceded by the Kaskaskas. This treaty is a farther confirmation of the title of the Piankishaws to those lands, by the United States, in calling for a line which intersects the boundary line which heretofore seperated the lands of the Kaskaskas from the Piankishaws; by reference to the treaty made with Kaskaskas and other Indians in 1803. I beleive it will be found that, that nation with other Illinois tribes make the dividing ridge of the waters of the Wabash & the Mississippi the boundary line. As no other nation than the Piankishaws is called upon to
1/23/1824, p. 2 |
recognise the boundary lines of 1803, it must be inferred that they were the
only nation of Indians which had a right to that Country. Take these treaties
together with the occupation and the cultivation of the land by the Piankishaw,
it appears plain and clear to me that a good title to the country is deduced
both from usages and customs of the Indian nations and from treaties with the
United States to the year 1805. After the treaty of 1805, the Piankishaws are
not called upon to relinquish or sell any lands until 1818 when Genl
Posey enters into an agreement with an unauthorized Agent for the purchase of
the reservation of two miles squares. This agreement does not impair any right
the Piankishaws have to the lands north of the vincennes tract, and if it did
their nation deny the authority of the person signing the agreement to do so.
In Sept 1809 the Delawares, Potawatamies, and Miamis assent to the sale made by
the Kickapoos to the lands N. W. of the Wabash from the Vincennes tract
Northwardly 15 miles in width and as high up as Raccoon creek, binding on the
Wabash. This is the first treaty which any assumption of right is found in the
Kickapoos and forms the entering wedge to the claim they set up. In December
following the Kickapoos sell another strip of land on the Wabash 20 miles in
width and immediately north of that sold in Sept and running as high up the
Wabash as the Vermillion, a farther confirmation of these treaties by the
Kickapoos, is found in the treaty of Fort Harrison June 1816. In October 1818
at St Marys the Potawatamies cede a tract immediately north of the above and as
high up as Tippacanoe 25 miles in width, with an agreement on the part of the
United States to purchase any just claim the Kickapoos may have to lands below
Pine creek, (an intermediate creek between Tippacanoe and vermillion.) By these
treaties the United States have acquired a right from the Delawares Kickapoos
Patowatamies, Miami, Eel river and Weas tribes of Indians to a strip of land,
stretching from the Vincennes tract to Tippacanoe from 15 to 25 miles in width.
In these treaties the Piankishaws have not granted any right they had, their
nation did not become one of the contracting parties. In July 1819 The
Kickapoos at Edwardsville cede all the country from the Wabash at the point of
cession made by the treaty of 9 Dec 1809 and runs from that point N westwardly
to the dividing line between Indiana and Illinois and thence along said line to
the Kankakee and thence with said river to the mouth of Illinois, thence in a
direct line to the n w corner of the Vincennes tract as recognized in the
treaty with the Piankishaws at Vincennes 30th Decr 1805
and thence with the western and
1/23/1824, p. 3 |
northern boundaries of the cession heretofore made by the Kickapoos to the
beginning. This is a sweeping treaty and takes all the lands between the
Illinois and the lands ceded in 1809. The Kickapoos say they claim this country
by descent from their ancestors and conquest from the Illinois Indians. Their
title did not extend east of the waters of the Illinois river, and that was
derived through courtesy from the Potawatamies, as they say, who with the
Ottaways and Chippeways conquered it from the Illinois Indians and permitted
the Kickapoos to reside on, & use, as their own the lands lying immediately
on a creek called little Michilimakinac for the aid they rendered in driving
the Illinois Indians out of the Country. If the claim of the Kickapoos by
descent or conquest is held good, it cannot extend beyond the waters of the
Illinois as the Illinois Indians did not claim farther than the waters of the
wabash. The 30th August of the same year a part of the band of
Kickapoos calling themselves Kickapoos of the vermillion and who seperated
themselves many years since from those who lived on the Illinois; sold to the
United States lands, the very boundaries of which are those claimed by the
Piankishaws, (this band at the present time consists of 94 men Women &
children, only a fractional part of whom with their cheif Woga made the sale)
beginning at the n w corner of the Vincennes tract; thence westwardly by the
boundary established by treaty with the Piankishaws on the 30th Dec
1805 to the dividing ridge between the waters of the Embarras and the little
Wabash, thence by said ridge to the head of pine Creek, thence by the said pine
Creek, to the Wabash river, thence by the said river to the mouth of the
vermillion and thence by the vermillion, and the boundaries established by the
other treaties to the place of beginning. These I beleive are all the treaties
which relate in any way to the lands claimed by the Piankishaw and from these
it would appear that any right which the Piankishaws had in 1805 is not
impaired by subsequent treaties made with other nations of Indians. This claim
of the Piankishaws is most respectfully submitted for your consideration and
with a hope that some additional annuity will be annexed to that which they
receive at present.
|
Respectfully |
The Honble
J C Calhoun
Sectry of War
6/18/1824, p. 1 |
|
St Louis 18 June 1824 |
Sir
I have the honor to enclose to you certain queries put by me to the head chief of the Kickapoos & some of their principal men touching the right of Wo gohaw who sold certain lands belonging to that Nation on the 30' August 1819 at Vincennes,- to do so- & also the right the Piankishaw have to the same lands-
|
|
Respectfully |
Queries put by R Graham U States Ind agt to Pamostan in council held at St Louis 18 day of June 1824
Was Wogahaw & those who since the treaty of Vincennes the 30 augt 1819 chiefs?
ansr Wogohaw was a war chief & the rest braves-
Had these men authority to enter into that treaty & do you consent to the conditions of it?
ansr they had no authority- & we were mad when we heard that 7 men had sold our lands, but as it is done, we consent, & wish them to settle now our village & to divide the whole annuity $4000 among the Nation, this will satisfy us & we shall have no jealousies
Quest. What claim have the Piankishaws to the lands sold by Wogahaw-
Ansr The great Spirit did not give us the lands to divide it out, the Piankishaw lived on it with us to hunt & defend it from other Nations & they have the same right with us-
9/28/1824, p. 1 |
Be it known that the President of the United States out of his own generosity
and liberality towards the Piankishaw Tribe of Indians, and to manifest to all
the world the desire of the American people to deal kindly with the Indian
Nations under their protection, has thought proper to grant to the Piankeshaws
Ten miles Square of land, to be laid off for them, adjoining the Delawares, and
also to allow them one Thousand Dollars in money, in Consideration of their
relinquishing all Claims and pretensions to certain land Sold to the United
States by the Kicapoos- Which said grant of Land and money, the Deputation of
the Piankeshaws on their late visit to the City of Washington, agreed to accept
in full satisfaction of their disputed claim above expressed-
Now this Twenty Eighth Day of September 1824, we as Deputies and Representatives of the Piankeshaw Nation of Indians, Do acknowledge to have received of the United States by the hands of Pierre Menard of Kaskaskia in the state of Illinois, one Thousand Dollars in Cash, in full and complete promised by the President of the United States, to the Piankshaws whom we represent- Signed Triplicates at Kaskaskia This 28th Day of September 1824-
|
Witnesses present |
|
10/14/1824, p. 1 |
|
Honble John C.
Calhoun } |
Kaskaskia October 14th 1824 |
Sir
In conformity to instructions received from your Department under date of 6th of August last, I have paid, on the 28th Ultimo, to the Piankeshaw Deputation, the sum of one Thousand Dollars, as will appear by their Triplicate receipt herewith forwarded (The principal being sent to the office of Govo Clark as directed) and I have, this day taken the liberty to draw on you for that amount in favor of Mr Harmar Denny of Pittsburgh-
No premiums can be had here at present on Eastern Drafts, they can even be purchased on credit-
I have the Honor to be very respectfully
|
Your Obt Servt |
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Dft. Ex. 154.
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