Consolidated Docket No. 317, Defendant Exhibits 61-171

Dft. Ex. 154

National Archives, RG 46:
Report to Samuel Houston

pp. 16, 17, 18, 19, 20,
   21, 22, 23, 24, 25.




National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

16  


7th ultimo, relating (?) the answer of the Delaware Indians, to the speech of the Stockbridge nation desiring a part of the Delaware annuity under the Treaty of St. Mary's in the year 1818; copies of which are herewith enclosed, by which it will be seen that the Delawares refuse to relinquish any part of the annuity without the Stockbridge nations will go and reside among them.
Mr Solomon U Hendrick
       Vernon  N. Y.
I have the honor to be, Sir,   
Very Respectfully     
Your obt. Servt.     
J. C. Calhoun"    

The following is the speech of the Delawares in reply to the Stockbridge or Muh-he-con-nuck, Indians referred to in the foregoing to Mr Hendricks-

To the Chief heroes + warriors of the Muh-he-con-nuck nation.

Grand children- we have now received your speech; and your Grandfather the Delawares, are glad that you have put them in mind of the mutual friendship which has always existed between us.

Grand children- what you ask for, we never heard our Great father say that we should give any part of it, to our Grand children- nor any part of our land.

Grand children- You told us that you would bring your wives and children- we are still looking forward to see you all.

Grand children- We are sitting on the lands that our Great father destined for us



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

17


Grand children- If you come + make your fire with us, we shall be happy, and you will have the annuity with us.

Grand children- You now hear your grand fathers, we hope to see you here before many days.
James' Fort
27 April 1823.





Capn Kitchum
Nath Corning
Wm Anderson
Nala Hopmon(?)
Capn Beaver
Capn Pushee(?)
x 
x
x 
x
x 
x" 
   

Accompanying the above speech, is the following letter from the Delawares to the Agent- Mr Graham- viz:

Brother Graham

We received our grand childrens speech and a letter from you by the hands of our friend Wilson. You seem to wish and know whether or not we ever promised the Mun-he-ke-nuk nation a part of our country on white river in the State of Indiana +c +c.

Brother, we told them, that if they wanted to come, and live near us, they might make their fire on our lands, and raise corn. They promised they would, and a few families came and made corn, and after a short time they seemed to throw it away and went back to the country they had come from.

Brother- we never considered them to have any claim on our lands as they state.
Test.
James Wilson
Interpreter for the Delawares
his            
Wm x Anderson   
mark          
Nat-a-o-po-man  x   
Capt Beaver      x   



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

18


James Forke
April 20, 1823.
Capt Houston         
______ (illeg. copy)   
______ (illeg. copy)   

On 22 December 1838 the Governor of Wisconsin (?) inclosed to this office a petition from the Stockbridges, who were in favor of emigrating west. After stating their troubles so they say "we understand that the said Austin S. Quinney + John N Quinney are going to the General Ensignment, and there represent certain claim against the Delaware nation for lands that were sold several years ago at the white river in the State of Indiana, which lands were owned by the Delawares, Munsees, and the Stockbridge Indians, and the said claims have been settled to the full satisfaction of our people some years ago."

On 4th February 1839 Mr Young, presented to the Senate of the United States "the petition of the delegates from the Stockbridge tribe of Indians, praying remuneration for losses sustained by them in the sale of their lands to the United States in 1818" +c which was referred to the Committee on Indian Affairs. On 28th same month, it appears by the Journal of the Senate, it was ordered upon the motion of Mr Nicholas, "That the Committee on Indian Affairs be discharged from the further consideration of the memorial of the Stockbridge Indians" (See Senate Journal pp. 179 + 294)

The subject was again brought to the attention of Congress in a memorial, which was referred to the Committee on Indian Affairs of the House of Representatives on 6th February 1840. But no action thereupon was had so far as appears from the Journal of that body for



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

19


that session. (See House Doc No 127. 2d Cong 1st Session)

Again on 10th February 1842, a "memorial of the Stockbridge nation of Indians in Wisconsin, praying the payment of their interest in certain lands purchased by the United States; and that the title to the lands now occupied by them, may be guarantied to them" +c was referred to the Committee on Indian Affairs of the Senate. No report thereon appears to have been made during that session, but on the 4th day of June 1844, Mr White from the Committee on Indian Affairs, reported "a bill for the payment of certain arrearages countably due to the Stockbridge nation of Indians, and for other purposes", which passed that body with some slight amendments on 12th June 1844. (See Senate Doc's 2d Sess. 27 Cong Vol 9. No 189.- Senate Journal 28 Cong. 1st Sess. pp. 325, 343, + 346)

The 1st Section of the bill above referred to, proposed to pay "to the Stockbridge and Munsee nations of Indians, the sum of one thousand dollars in annum for each and every year, for the term of twenty years, from and after this date, in full of all claim equitable or otherwise, of said Stockbridge and Munsee nations, or either of them, upon the United States, for lands of which the said Stockbridges or Munsees have been deprived by the act or consent of the United States, as well the lands alleged to have been acquired by them of the Miami Indians, on White river, in the State of Indiana, as the lands in Wisconsin, alleged to have been acquired by them, in conjunction with other Indian tribes, of the Winnebagoes and Menomonies, at



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

20


the several treaties or contracts concluded in the years one thousand eight hundred and twenty one, and one thousand eight hundred and twenty two". This bill, as passed by the Senate, was referred to the House of Representatives on the 14th day of June- two days after its passage in the Senate- and referred to the Committee on Indian Affairs. (See House Journal 1st Session 28 Cong. p. 1117)

A bill of the same title as the foregoing, numbered 131 was again reported by Mr White of the Committee on Indian Affairs in the Senate on 1st February 1845, and on 24 of same month again passed that body. (See Senate Journal 2d Sess. 28 Cong.) On 28th February, Bill No 131 as above was received and referred to the Committee on Indian Affairs of the House. (See House Journal same Session) It also appears by House Journal of that session, page 283, that pursuant to previous notice, Hon Henry Dodge, then Delegate from the Territory of Wisconsin in the House of Representatives, introduced a bill, No 366, of the same purport- which was referred to the Committee on Indian Affairs- But no further action is shown to have been had on the case during that session.

On 27th March 1846 Hon Jacob Thompson, from the Committee on Indian Affairs in the House, reported upon the "Memorial of members of the Stockbridge tribe of Indians, residing on Winnebago lake, in the territory of Wisconsin", which had been referred to said Committee- accompanied by a bill, which became a law on the



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

21


6th August of last year, entitled "an Act to repeal an act entitled "an act for the relief of the Stockbridge tribe of Indians in the territory of Wisconsin" approved March third, eighteen hundred and forty three, and for other purposes." The 3d Section of that Act is as follows, viz:

"And be it further enacted, That, in consideration of the moneys paid by said Stockbridge nation of Indians to the Winnebagoes and Menomonies in the years eighteen hundred and twenty-one and eighteen hundred and twenty-two and all other claims, the sum of five thousand dollars be paid to said tribe of Indians by the Secretary of War; and for this purpose the said sum of five thousand dollars be and the same is had, appropriated, out of any money in the Treasury not otherwise appropriated; Provided, That nothing in this act contained shall be construed to impair any claim which said nation may have upon the Delaware nation to a share of the lands assigned to them west of the Missouri river".

The sum above appropriated has been remitted for payment.

2nd- With reference to their claims to land in Wisconsin.

This claim originates, according to the representations of the Indians themselves, from a treaty entered into by the Six nations and other Indians resident in the State of New York, and the Menomonies and Winnebagoes, on the 18th day of August 1821; and articles of a treaty entered into with the Menomonies on 23d September 1822.

The first treaty appears to have been approved by the



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

22


President of the United States on 9th February 1822 "with the express understanding that the lands thereby conveyed to the Six nations, the St Regis, Stockbridge and Munsee nations, are to be held by them in the same manner as they were previously, held by the Menomonees and Winnebagoes"

The second treaty was partially approved on 13th March 1823. (See Senate Doc 189. 2d Session. 27 Cong. Vol 8, page 21)

By treaty concluded on the 11th August 1827, between the United States and the Menomonee, Winnebago and Chippewa tribes of Indians, it was agreed that the difficulty arising from the negotiations between the two first named tribes, and a portion of the New York Indians, so far as respected the interests of the said Menomonees and Winnebagoes, "in the premises, the whole matter should be referred to the President of the United States, whose decision" should "be final." And the President was authorized to establish such boundaries between them and the New York Indians as he might consider equitable and just."

The said treaty, which established boundaries between the United States and the Menomonie Indians, was ratified with the proviso "That the said treaty shall not impair or affect any right or claim which the New York Indians, or any of them, have to the lands, or any of the lands, mentioned in the said treaty (See vol. Indian treaties pages 413 and 415.)

The difficulty referred to appears to have



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

23


arisen immediately after the New York and other Indians sold a portion of the land alleged to have been acquired from the Menomonies, to the Brothertown Indians.- The Menomonees contending that they had never sold their land to the New York Indians, but had consented only that they should occupy it only- the New York Indians having represented that they "were crowded out of the State of New York by the white man" See page 536 Vol 8 Senate Doc Indian Removals 23d Cong. 1st Session for the memorials of the Menomonee Indians, in which they deny the validity of the claim set up by the "New York Indians or Nautoways". For extracts from the Journal of the Commissioners who negotiated the treaty of 1827, above referred to, see same Doc. pp. 539 to 542, under the head of letter E.

With a view to the execution of the trust confided to him in the second article of the treaty aforesaid, the President of the United States, on 7th June 1830 appointed Commissioners "to repair to Green Bay, and select a suitable country within the limits of that claimed and owned by the Menomonee and Winnebagoe Indians, and establish the boundaries of the same for the accomodation of the New York Indians". For the instructions to those Commissioners see page 10 of Vol 8 aforesaid; for their report and journal see same vol, pages 175 to 168 inclusive.

The difficulty between the New York Indians and the Menomonees again became the subject of negotiation between the United States and the party



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

24


last named, which resulted in the treaty concluded with that tribe on 8th February 1831. The first stipulation of that treaty, set apart a tract of country on the West side of Fox river estimated to contain about 500,000. acres "as a home to the several tribes of New York Indians." That treaty was ratified by the Senate upon the conditions expressed in the proviso, contained in the resolution of that body, which conditions, so far as relates to the Stockbridge Indians, were as follows: "Provided That for the purpose of establishing the rights of the New York Indians on a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land on the East side of the Winnebago lake, equal to forty six thousand and eighty acres, shall be laid off, (to commence at some point to be agreed on) for the use of the Stockbridge and Munsee tribes, and that the improvements made on the lands now in the possession of the said tribes, on the East side of the Fox river, which said lands are to be relinquished, shall, after being valued by a Commissioner to be appointed by the President of the United States, be paid for by the government. Provided, however, that the valuation of such improvements shall not exceed the sum of twenty five thousand dollars." (See Vol Ind. treaties pp. 467, 473 + 474)

On the 11th day of September 1832 it appears that the Secretary of War "did authorize and request George B. Porter, Governor of the Territory of Michigan, to proceed to Green Bay, and endeavor to procure the



National Archives, Record Group 46.

Medill, William
Report to Samuel Houston,
January 11, 1849.

25


assent of the Menomonees to the change proposed by the Senate, as above set forth; urging the necessity of directing his first efforts to an attempt to procure the unconditional assent of the Menomonees to the said treaty, as ratified by the Senate. But should he fail in this object, that he would then endeavor to procure their assent to the best practicable terms, short of those proposed by the Senate, giving them to understand that he merely received such proposition as they might make, with a view to transmit it for the consideration of the President and the Senate, of the United States. And if this course became necessary that it would be very desirable that the New York Indians should also signify their acceptance of the modifications required by the Menomonees". And that in pursuance to the said instructions all the Chiefs and headmen of the Menomonee nation were assembled in Council, on 22d October 1832, when the said proviso was submitted to them, and that the said Chiefs and headmen after deliberation "did, in the most positive and decided manner, refuse to give their assent to the same, and that the said Governor, after failing in obtaining the assent to the entire proviso as aforesaid, endeavored to procure the assent of the Menomonees "to the best practicable terms short of those proposed by the Senate of the United States," which resulted in an agreement, which so far as related to the present reference is as follows:

"Act 1. The said Chiefs and head men of the Menomonee nation of Indians, do not object to any of the matters contained in the proviso annexed to


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