National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
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War Department
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Sir:
I have the honor to submit the following statement as a reply to your request of 19 ultimo, for any information it is possible for me to give you in relation to the "justice" of the claim of the Stockbridge Indians for land on white river, Indiana, and also for lands in Wisconsin, "or its previous arrangement as to satisfaction having been made by Government or agents."
The petition inclosed in yours of 21 ultimo, purporting to be from the Sachem, Counsellors and other principal men of the Stockbridge Tribe of Indians, formerly residing in the State of Massachusetts; afterwards in the State of New York, but now residing at Stockbridge, in the county of Calumet and State of Wisconsin, represents "that about one hundred years ago the Miami Tribe of Indians granted, in solemn counsel, to the Stockbridge, Munsee and Delaware tribes of Indians a large tract of land situate on white river in the now State of Indiana; that land grant was afterwards from time to time fully acknowledged and ratified by said Miami tribe; that the said Stockbridge Indians expected to make the said newly acquired Territory their home, and accordingly in 1818, the said Stockbridge Tribe, fitted out a colony of sixty persons to take possession and commence the settlement of their newly acquired Territory; but on arriving at the place of
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
2 |
destination, the said emigrants learned with astonishment, that the Government
of the United States, by a treaty entered into some three or four days before
the arrival of the said Stockbridge colony, had purchased of the said Delaware
tribe of Indians above the title to the whole territory so ceded as
aforesaid, not only to the said Delaware, but also to the said Munsee and
Stockbridge tribe of Indians, and in which the said Munsee and Stockbridge
tribes had each an interest equal to the interest of the said Delawares. That
the Stockbridge Indians were the more surprised at this purchase by the United
States of the Delaware Indians above, for the reason, that the Government of
the United States had, by President Jefferson, previously ratified the said
treaty between the said Miami, Stockbridge, Munsee and Delaware tribes of
Indians, that deprived of their anticipated homes, the Stockbridge Tribe of
Indians at great expense, purchased a tract of land where they now reside, and
in the process of time, their whole tribe were congregated here", that
"the Stockbridge and Munsee tribes of Indians sent delegations to
Washington three times for redress in the case of their white river lands, and
a bill to grant them a tract of country seventy miles square was introduced;
and in 1821, after receiving several tokens of favor, was finally defeated in
the House of Representatives, and, but for the kindness of the Hon the
Secretary of War, in allowing "their tribes three thousand dollars,"
the said Munsee and Stockbridge Indians would have received
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
3 |
nothing for the said white river tract," that "your petitioners have
made sundry applications for redress, and in 1822, the Committee in the Senate
agreed to pay your petitioners forty thousand dollars, in an annuity of two
thousand dollars for twenty years, as a remuneration for their interest in the
said white river purchase, and for the Green Bay tract" but for some
causes to your petitioners unknown this was not done."
1st Respecting their claim to land on White river in the State of Indiana.
A treaty was concluded with the Delawares, Shawnees, Pottawatomies and other Indian tribes June 7, 1803- the first article of which describes fully the boundaries of a tract reserved by the United States in the fourth article of the treaty of Greenville of 3d August 1795, referred to therein generally as "the Post of St. Vincennes, on the river Wabash, and the lands adjacent, of which the Indian title has been extinguished." In consideration of the stipulations aforesaid, the United States, by the Second article, "relinquish all claim which they may have had to any lands adjoining to or in the neighbourhood of the tract above described-" Among the signatures of those who signed the treaty as witnesses is that of "H Aupaumut, chief of Muh-hecon" otherwise termed "Stockbridge" (vol. Indian treaties, pp. 57-97-99)
The 4th article of the treaty concluded with the Delawares on 18 August 1804, is as follows- "The said tribe having exhibited the above named Commissioner of the United States, sufficient proof of their right to all the
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
4 |
country which lies between the ohio and white river, and the Miami tribe, who
were the original proprietors of the upper part of that country, having
explicitly acknowledged the title of the Delawares, at the General council held
at Fort Wayne, in the month of June 1803, the said United States will, in
future, consider the Delawares as the rightful owners of all the country which
is bounded by the White river on the North, the ohio on the South, the general
boundary line running from the mouth of the Kentucky river on the east, and the
tract ceded by this treaty, and that ceded by the treaty of fort Wayne, on the
West and Southwest" (vol. Indian treaties p. 105)
By the first article of the treaty concluded with the Miamies, Delawares, Pottawatomies and other Indian tribes on 21 August 1805, the Delawares release the United States from the guarantee made in the 4 Article of the treaty of 18 August 1804- and for the sake of peace and good neighborhood relinquished their claim to the said tract- the Miamie tribe having contended that "in their cession of said tract to the Delawares, it was never their intention to convey to them the right of the soil, but to suffer them to occupy it as long as they thought proper" (Ind treaties p. 118- American State Papers Indian Affairs, vol p. 701. Rept. from Genl Harrison 26 Augt 1805.)
In December 1808, "Hendrick Aupaumut, Chief of the Muh he-connuk nation" and "Sonnaqua Beaver, Chief Warrior of the Delawares" were in this city and held a talk with the President of the United States. In their speech (Dec No 127 House of Reps U. S. 1st Session 16 Congress, pp. 10-11)
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
5 |
they say that "the chiefs of Napana State (to wit: Delaware, Muh
he-connuk, and Munsee nations) have sent us here as deputies to talk with you
in their behalf"; that "we have been seeking a habitation for our
tribes for a number of years, and at last have settled down on the lands along
the white river, or Wa-pe-kom-me-ko-ku, a number of years past, where we wish
to collect all our scattered friends, to promote each other's welfare, and to
maintain peace and unity among our grand children the different tribes about
us- over whom we have great influence, who are apt to listen to our
counsels"; that "the land which we now inhabit was granted by the
Miamies and Pottawatomies which they renewed last September, in their general
council held at Fort Wayne, in presence of the Agent of Indian Affairs, Captain
Wells, and the commanding officer of that place. They granted to us to occupy
and possess said land for the benefit and behoof of our tribes and their
posterity, but prohibited the right of selling the same- but took us in as
joint owners of said land or country, Lest this grant should fall into the
hands of the white people, they gave us no writing at the time this took place;
but, for better security, they have given us Wampum, instead of a written
deed." After premising doubts in regard to pledges made of Wampum,
although it is symbolical of truth and friendship, that the land may be wrested
from them +c, they request the President to give them "such a writing as
would prevent the evil consequences which we have stated above; or such other
measures as you in your
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
6 |
wisdom, may point out to the affect.
On __ day of December 1808, President Jefferson addressed a talk to Capt Hendrick (who I identify as Hendrick "Au-pau-mut") in which he says "My Son Capt Hendrick, and my children the Delawares, Mohiccons & Munsees. I am glad to see you here, to receive your salutations, and to return them by taking you by the hand and renewing to you the assurances of my friendship. I learn with pleasure that the Miamies and Poughtewatamies have given you some of their lands on the white river to live on, and that you propose to gather there your scattered tribes and to dwell on it all your days"
"My children, I will give you a paper declaring your right to hold against all persons, the lands given you by the Miamies and Poutewatamies, and that you never can sell them without their consent, but I must tell you that if ever they and you agree to sell, no paper which I can give you can prevent your doing what you please with your own- the only way to prevent this is to give to every one of your people a farm which shall belong to him and his family, and which the nation shall have not right to take from them + sell."
The "paper" given by the President is supposed to be one bearing date 21 December 1808- to the effect that the declaration of Captain Hendrick, a chief and Agent for the Delaware Indians, that the Miamies had granted to the Delawares, Mohicans and Munsees, and their descendants forever, a certain portion of their lands
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
7 |
on white river, for the sole use and occupation of the said Delawares,
Mohiccans, and Munsees, and their descendants forever; but under the express
reservation and condition, that neither they, the Delawares, Mohiccans, and
Munsees, nor their descendants, shall ever alienate the lands to any other
persons or purposes whatsoever, without the consent of the said Miamies"
was confirmed by the acknowledgement, made to him personally, by the Little
Turtle, a chief of the Miamies, and that he gave this testimony on the desire
of the chiefs before named that he "would bear witness to their
declarations and acknowledgements aforesaid" See State papers, 1819-20,
vol 10. Doc. No 70, pp. 11-12 for copy of the paper above referred to.
The 2nd article of the treaty concluded on 30 Sept 1809 with the Delawares, Potowatomies, Miamies, and Eel river Miamies is as follows- "The Miamies explicitly acknowledge the equal right of the Delawares with themselves to the country watered by the White river. But it is also to be clearly understood, that neither party shall have the right of disposing of the same without the consent of the other's and any improvment which shall be made on the said land by the Delawares or their friends the Mochecans, shall be there forever." To that treaty the name of Hendrick Aupaumut is applied as a witness (vol Indian treaties, pp. 149-51).
On 3d October 1818, a treaty was concluded with the Delaware Indians by which they ceded to the United States all their claim to lands in the
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
8 |
State of Indiana. This cession of course included the country watered by the
White river (vol Ind. treaties p. 255).
On 17 January 1820, a petition of the "Muh-heakunuk or Stockbridge" Indians praying that a location be made of the lands ceded by the Delawares- so that their nation might again be set down in peace and their hearts quieted +c, was referred to a select Committee of the House of Representatives U. S. who reported on the subject on 24th February following, accompanied with a bill confirming the title of the Mohiccan or Stockbridge nation of Indians, to certain lands"- on 7th April 1820, the bill was taken up and amended in Committee of the whole and ordered to be on the table. On the 18th same month the House proceeded again to consider it- whereupon "much discussion arose," and the said bill being further amended, the question was then taken, Shall it be engrossed and read a third time? and determined in the negative {yeas 53/nays 93. "and so the said bill was rejected." (State papers- 1819-20, vol 10. Doc 70- House Journal 1 Sess. 16 Cong. pp. 389, 426, 427. National Intelligences 19th April 1820.)
On 12th February 1821, Hon Henry L Storrs of the House of Representatives U. S. the chairman of the select committee who reported the bill at the previous session, addressed a note to the President of the United States in which he says a deputation of the Mohiccan or Stockbridge nation of Indians, residing in the State of New York, have arrived in this city for the purposes of treating with the United States relative to their claim to a
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
9 |
part of the country, situate on white river in the State of Indiana, ceded to
the United States by the Delaware nation of Indians on the 3d day of
October 1818 at a treaty held at Saint Marys. The grounds on which the
Mohiccans believe their claim to be well founded for some indemnity from the
United States are detailed in the enclosed papers."
The papers referred to by Mr Storrs are identified as those which were the basis of the report of the select committee and heretofore referred to. Among the documents on file with papers in the case is a letter of Attorney executed on 16th January 1821, by the Sachem, Principal Men and Warriors of the Stockbridge Indians, appointing Jacob Konkapot and Solomon U Hendrick, their true and lawful Attorneys for them and in their names to go and hold a treaty with the President of the United States, with regard to their lands on the White river in the State of Indiana, and to sell all their right, title or claim which they in said State of Indiana, to the United States; "only reserving such quantity of land, if possible, for our tribe, as shall be agreed upon by his Excellency the President and our said Attornies." "and we hereby give and grant to our said Attornies our whole and full power in and concerning the premises, and will ratify and confirm any treaty which they may make with his Excellency the President of the United States, and on such terms as shall be agreed upon by our said Attornies with his Excellency the President". Also a letter from Jacob
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
10 |
Kunkopot, and Solomon U Hendrick to the Secretary of War of date February 27th
1821- which is endorsed "offer to take $3000 and release". The
writers, after representing the action had on the bill reported in their favor
in 1820- and that there was no hope that Congress then in session would be able
to act upon their claim, proceed and say "and now since these things are
in this situation, we would once more ask you whether you or the Government
will not allow us some compensation in money for our claim. It is not probably
that we will trouble the Government about these claims any more. And we now
desire to know whether you + the great President of the United States do not
think we are entitled to at least a small compensation. Will you not even give
our nation something to dry up their tears for their lost inheritance".
The negotiation resulted in an agreement between the said Attorneys and representatives of the Stockbridge Indians, and the Secretary of War, on the part of the United States- by which for and in consideration of the sum of $3000- the said Stockbridge Indians, otherwise called Mohiccans, formally relinquished to the United States "all title and claim to the tract of country on white river, ceded by the treaty with the Delawares" on the 3d October 1818, and the said attornies covenanted also to procure the relinquishment of all claim to the same on the part of the Munsees, and transmit an acknowledgement thereof, executed by the Munsees in due form, to the Department of War as soon as practicable;
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
11 |
and further to secure the United States against any future claim either on the
part of the Mohiccans or of the Munsees." The agreements and
relinquishments are as follows-
Whereas the Delaware Indians, by a treaty
concluded with them at St. Mary's on the 3dst
day of December 1808, signed by Thomas Jefferson, then President of the United
States, and countersigned by Henry Dearborn, Secretary of War, has some color
of justice for its support; and whereas it appears further, that the Mohiccan
and Munsee tribes were not present or represented at the treaty with the
Delawares above mentioned, and did not consent to or sign the Same, either by
deputies or otherwise, and whereas the Mohiccans, by their Agents, Jacob
Kunkapot and Solomon Hendrick, duly authorized for the purpose, have offerred
for the consideration of $3000.- to relinquish to the United States all their
claim to the tract of country ceded by the treaty with the Delawares aforesaid,
on White river, in the State of Indiana; and also to procure the relinquishment
of all claim to the Same on the part of the Munsees, and transmit an
acknowledgement thereof, executed by the Munsees in due form to the Department
of war, as soon as practicable; and
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
12 |
further to secure the United States against any future claim either on the part
of the Mohiccans or of the Munsees. Now, the President of the United States, in
order to do justice to the Mohiccans and Munsees, and to extinguish forever
their claim to the tract of country in question, has accepted the above offer,
on the following terms, to wit: one thousand dollars to be paid to the said
Jacob Konkapot and Solomon Hendrick, agents as aforesaid, in hand, and the
remaining two thousand dollars to be paid immediately after an appropriation
shall be made at the next session of Congress; provided the relinquishment of
the Munsees shall then have been obtained and the acknowledgement thereof
transmitted to the Department of war agreeably to the offer, made on the part
of the Mohiccans, by their Agents, as herein before expressed; and the said
Jacob Konkapot and Solomon Hendrick, Agents, for the Mohiccans as aforesaid,
having expressed themselves satisfied with the terms as such, their offer has
been accepted by the President, and assented thereto, which is hereby declared,
formally relinquish, on the part of the Mohiccans, all title and claim whatever
to the tract of country on White river ceded in the treaty with the Delawares
as herein before mentioned, and bind themselves and their tribe or nation to a
due and faithful fulfilment of all the conditions of their offer; and the
United States are also hereby bound to fulfil the terms upon which the said
offer has been accepted by the President of the United States. In witness
whereof we John C Calhoun,
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
13 |
Secretary for the Department of war, on the part of the United States, and
Jacob Konkapot and Solomon Hendrick, on the part of the Mohiccans, being duly
authorized thereto, have hereunto set our hands and seals this seventeenth day
of March, one thousand, eight hundred and twenty one, at the city of Washington
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Witness |
J. C. Calhoun
Seal |
"Know all men by these presents,
that we the chiefs of the Munsee tribe of Indians, in consideration of the
exertions used by the Mohiccan tribe of Indians to leave/have (?) for them and
for us the cession of a tract of country from the Western Indians, and the
expense incurred by the said Mohiccans in effecting the said object, have ceded
+ do forever cede to the United States all claim, which our said Tribe
rightfully has or has ever had to all or any part of the tract of country ceded
to the United States by the Delaware tribe of Indians at St. Mary's in the
state of Indiana, on the third day of October 1818.
And we do hereby declare, that it is our
intention to give full effect to a certain agreement entered into between John
C Calhoun, Secretary of War of the United States, and Jacob Konkapot and
Solomon U Hendricks, Agents of the said Mohican tribe of Indians, dated March
17th, 1821, and forever to relinquish any claim to any part of the
consideration money specified in the said contract and to express our entire
acquiescence therein.
In testimony whereof we have hereunto set
our hands
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
14 |
and seals in full council on behalf of our said Tribes at Buffaloe, in the
State of New York, this 18th day of September, in the year of our Lord, one
thousand, eight-hundred and twenty one.
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his
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The consideration for the relinquishment
has been paid as admitted by the Indians, themselves, and as shown by vouchers
on file in the office of the £ auditor.
In a letter dated June 9th 1821 from
Solomon U Hendrick to the Secretary of War, it is stated that "after our
arrival here our tribe immediately held a council, when we delivered our report
to them agreeably to our custom. Out nation were satisfied with the treaty or
the relinquishment we had made of our claims of lands on White river, to the
United States, on the part of our nation".
It appears that after their
relinquishment to the United States of "all claim" to the lands on
White river, the Stockbridge or Mohiccans turned their attention to the
Delaware nation with the view, it is supposed from the sequel- (the substance
of the speech not being of record here) to a further indemnity for the lands
they had thus relinquished, for in a letter from the War Department of 13th
February 1822, to Mr Hendricks, it is stated that "the speech of the
Stockbridge nation to the Delawares will be
National Archives, Record Group 46.
Medill, William
Report to Samuel Houston,
January 11, 1849.
15 |
transmitted as requested, and the Agent among them directed to use his efforts
to procure their consent to do what is just." On the 25th Sept following
the Speech above named was transmitted to Genl Wm Clark, then Supt of Indian
Affairs at St. Louis, as appears from the following letter of the Secretary of
War of that date to him.
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"Department of War |
Sir
Agreeably to the request of the
Stockbridge chiefs, made through their Deputy, Solomon U Hendricks, I transmit
to you a speech from them to the Delawares, which you will deliver, or put it
in the hands of Mr Graham for that purpose, in the manner requested in the
enclosed extract of a letter from Hendricks, accompanied by such remarks as may
be deemed calculable to induce the Delawares to do what is just in the business
to which the Speech relates. The answer of the Delawares will be transmitted to
this Department as soon as obtained
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I have the honor to be Sir |
On the 19th
July 1823 the following letter was addressed to Mr Hendricks
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"Department of War |
Sir:
I have just received a letter from Genl
Clark dated the
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