MICHIGAN INDIAN RECOGNITION 

HEARING 

BEFORE THE 

SUBCOMMITTEE ON 

NATIVE AMERICAN AFFAIRS 

OF THE 

COMMITTEE ON 

NATURAL RESOURCES 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED THIRD CONGRESS 

FIRST SESSION 

ON 

H.R. 2376 

ro REAFFIRM AND CLARIFY THE FEDERAL RELATIONSHIPS OF THE 

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS AND THE LITTLE 

RIVER BAND OF OTTAWA INDIANS AS DISTINCT FEDERALLY RECOGNIZED INDIAN TRIBES, AND FOR OTHER PURPOSES 

H.R. 878 

TO RESTORE FEDERAL SERVICES TO THE POKAGON BAND OF 

POTAWATOMI INDIANS 

84-978 

HEARING HELD IN WASHINGTON, DC 

SEPTEMBER 17, 1993 

Serial No. 103-47 

Printed for the use of the Committee on Natural Resources 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1995 

For sale by the U.S. Government Printing Office 

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 

ISBN 0-16·046381-5 

84-978 - 95 - 1 
COMMI'ITEE ON NATURAL RESOURCES 

GEORGE MILLER, California, Chairman 

PHILIP R. SHARP, Indiana DON YOUNG, Alaska, 

EDWARD J. MARKEY, Massachusetts Ranking Republican Member 

AUSTIN J. MURPHY, Pennsylvania JAMES V. HANSEN, Utah 

NICK JOE RAHALL II, West Virginia BARBARA F. VUCANOVICH, Nevada 

BRUCE F. VENTO, Minnesota ELTON GALLEGLY, California 

PAT WILLIAMS, Montana ROBERT F. (BOB) SMITH, Oregon 

RON DE LUGO, Virgin Islands CRAIG THOMAS, Wyoming 

SAM GEJDENSON, Connecticut JOHN J. DUNCAN, JR., Tennessee 

RICHARD H. LEHMAN, California JOEL HEFLEY, Colorado 

BILL RICHARDSON, New Mexico JOHN T. DOOLITTLE, California 

PETER A. DEFAZIO, Oregon WAYNE ALLARD, Colorado 

ENI F.H. FALEOMAVAEGA, American RICHARD H. BAKER, Louisiana 

Samoa KEN CALVERT, California 

TIM JOHNSON, South Dakota SCOTT MciNNIS, Colorado 

LARRY LAROCCO, Idaho RICHARD W. POMBO, California 

NEIL ABERCROMBIE, Hawaii JAY DICKEY, Arkansas 

CALVIN M. DOOLEY, Califot;nia 

CARLOS ROMERO-BARCELO, Puerto Rico 

KARAN ENGLISH, Arizona 

KAREN SHEPHERD, Utah 

NATHAN DEAL, Georgia 

MAURICE D. HINCHEY, New York 

ROBERT A. UNDERWOOD, Guam 

SAM FARR, California 

LANE EVANS, Illinois 

PATSY T. MINK, Hawaii 

THOMAS J. BARLOW III, Kentucky 

THOMAS M. BARRETT, Wisconsin 

JOHN LAWRENCE, Staff Director 

RICHARD MELTZER, General Counsel DANIEL VAL KisH, Republican Staff Director 

SUBCOMMITI'EE ON NATIVE AMERICAN AFFAIRS 

BILL RICHARDSON, New Mexico, Chairman 

PAT WILLIAMS, Montana CRAIG THOMAS, Wyoining, 

SAM GEJDENSON, Connecticut Ranking Republican Member 

ENI F.H. FALEOMAVAEGA, American DON YOUNG, Alaska 

Samoa RICHARD H. BAKER, Louisiana 

TIM JOHNSON, South Dakota KEN CALVERT, California 

NEIL ABERCROMBIE, Hawaii 

KARAN ENGLISH, Arizona 

TADD JOHNSON, Staff Director 

MAruE HOWARD, Professional Staff Member 

STEVEN J.W. HEELEY, Counsel 

JUNE LoRENZO, Professional Staff Member 

BARBARA RoBLES, Clerk 

RICHARD HoUGHTON, Republican Counsel on Native American Affairs 

(II) 

Witness statements-Continued 

Panel consisting of-Continued 

IV 

Gchip~~~ainili::~~~ .. ~~~: ... ~~ ... ~~~ ... ~~~~ ... ~.~ .. ~~.~~ ... ~~~ Prepared statement of Mr. Shawa ................................................... . Phil Alexis, executive director, Confederated Historic Tribes, Inc ....... . Prepared statement of Mr. Alexis .................................................... . James Keedy, Esq., Michigan Indian Legal Services ............................ . Prepared statement of Mr. Keedy and attachments ...................... . 

APPENDIX 

SEPI'EMBER 17, 1993 

Additional material submitted for the hearing record from: 

Hon. Craig Thomas, a Representative in the Congress from the State 

H~!.'ir~~~~= &J{!~ ~~=~~ti~~··i~··ih~··c-~~~~··r~~··ih~··s~~ of Michigan: Prepared statement ............................................................... . 

HMic~~:n:u/!':~ ~{::!~~~.~~ .. ~.~ .. ~~ .. ~~~~.~ .. ~~ .. ~~ .. ~~~ .. ~~ Vine Deloria, Jr., professor of law, political science, history and religious studies, University of Colorado at Boulder, and member, Standing Rock 

Sioux Tribe of North Dakota: Letter to Chairman Richardson dated 

September 14, 1993, regarding H.R. 2376 ................................................. . Daniel John Chingwa, project director, Little Traverse Bay Bands of 

Odawa Indians: Prepared statement on H.R. 2376 .................................. . Commission on Indian Affairs, Michigan Department of Civil Rights: Prepared statement on H.R. 878 ................................................................ . 

Page 

298 

299 

303 

306 

319 

321 

415 

417 

420 

424 

427 

431 
H.R. 2376, THE LITrLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE LITTLE 

RIVER BAND OF OTTAWA INDIANS ACT; 

AND H.R. 878, TO RESTORE FEDERAL SERVICES TO THE POKAGON BAND OF POTAWATOMI INDIANS 

FRIDAY, SEPTEMBER 17, 1993 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON NATURAL RESOURCES, 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS, 

Washington, DC. 

The subcommittee met, pursuant to call, at 9:45 a.m., in room 

1324, Longworth House Office Building, Hon. Bill Richardson 

(chairman of the subcommittee) presiding. 

STATEMENT OF HON. BILL RICHARDSON 

Mr. RICHARDSON. The committee will come to order. Today we will be hearing testimony from unacknowledged tribes 

in the State of Michigan. The two bills, one is sponsored by Representative Kildee, H.R. 2376, would provide recognition to the Little Traverse Bay Bands of Odawa Indians and the Little River 

Band of Ottawa Indians and H.R. 878, sponsored by Representative 

Upton, provides for the recognition of the Pokagon Band of Potawatomi Indians. In addition, we will hear from some tribes on the 

third panel who are also unacknowledged in the State of Michigan. 

The committee has a very long witness list today and urges each 

witness to summarize their statements. 

Let me say at the outset that we are going to ask each witness 

to summarize in three minutes. The light will be on. We do this 

so we can get most of the substantive questions in that are important in this effort. Your full written statements will be made a part 

of the report which will be kept open for two weeks. 

Without objection the bills, background and section by section 

analysis will be made part of the record. · [Text of the bills and background information follow:] 

(1) 
2 

103n CONGRESS 

1ST SESSION H.R. 2376 

To reaffirm and clarify the Federal relationships of the Little Traverse 

Bay Bands of Odawa Indians the Little River Band of Ottawa Indians 

as distinct federally recognized Indian tribes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

Jur.."E 10, 1993 

Mr. Kl:LLDEE (for himself, Mr. C..uJP, and Mr. HOEKSTRA) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To reaffirm and clarify the Federal relationships of the Little 

Traverse Bay Bands of Odawa Indians the Little River 

Band of Ottawa Indians as distinct federally recognized 

Indian tribes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Little Traverse Bay 

5 Bands of Odawa Indians and the Little River Band of Ot6 tawa Indians Act". 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 
'3 

2 

1 ( 1) The Little Traverse Bay Bands of Odawa 

2 Indians and the Little River Band of Ottawa Indi3 ans are descendants of, and political successors to, 

4 signatories of the 1836 Treaty of Washington and 

5 the 1855 Treaty of Detroit. 

6 (2) The Grand Traverse Band of Ottawa and 

7 Chippewa Indians, the Sault Ste. Marie Tribe of 

8 Chippewa Indians, and the Bay Mills Band of Chip9 pewa Indians, whose members are also descendants 

10 of the signatories to the 1836 Treaty of Washington 

11 and the 1855 Treaty of Detroit, have been recog12 nized by the Federal Government as distinct Indian 

13 tribes. 

14 (3) The Little Traverse Bay Bands of Odawa 

15 Indians consists of at least 1,000 eligible members 

16 who continue to reside close to their ancestral home17 land as recognized in the Little Traverse Reserva18 tion in the 1836 Treaty of Washington and 1855 

19 Treaty of Detroit, which area is now known as 

20 Emmet and Charlevoix Counties, Michigan. 

21 (4) The Little River Band of Ottawa Indians 

22 consists of at least 500 eligible members who con23 tinue to reside close to their ancestral homeland as 

24 recognized in the Manistee Reservation in the 1836 

25 Treaty of Washington and reservation in the 1855 
4 

3 

Treaty of Detroit, which area IS nmv known as 

2 Manistee and Mason Counties, Michigan. 

3 (5) The Bands filed for reorganization of their 

4 existing tribal governments in 1935 under the Act of 

5 June 18, 1934 (25 U .S.C. et seq.; commonly re6 ferrcd to as the "Indian Reorganization Act"). Fed7 era! agents who visited the Bands, including Com8 missioner of Indian Affairs, John Collier, attested to 

9 the continued social and political existence of the 

10 Bands and concluded that the Bands were eligible 

11 for reorganization. Due to a lack of Federal appro12 priations to implement the provisions of such Act, 

13 the Bands were denied the opportunity to reorga14 mze. 

15 (6) In spite of such denial, the Bands continued 

16 their political and social existence with viable tribal 

17 governments. The Bands, along with other Michigan 

18 Odawa/Ottawa groups, including the tribes described 

19 in paragraph (2), formed the Northern Michigan Ot20 tawa Association in 1948. The Association subse21 quently pursued a successful land claim with the In22 dian Claims Commission. 

23 (7) Between 1948 and 1975, the Bands carried 

24 out many of their governmental functions through 
5 

4 

1 the Northern Michigan Ottawa Association, while re2 taining individual Band control over local decisions. 

3 (8) In 1975, the Northern Michigan Ottawa As4 sociation petitioned under the Act of June 18, 1934 

5 (25 U.S.C. 461 et seq.; commonly referred to as the 

6 "Indian Reorganization Act"), to form a government 

7 on behalf of the Bands. Again in spite of the Bands' 

8 eligibility, the Bureau of Indian Affairs failed to act 

9 on their request. 

10 (9) The United States Government, the governIt ment of the State of Michigan, and local govern12 ments have had continuous dealings with the recog13 nized political leaders of the Bands from 1836 to the 

14 present. 

15 SEC. 3. DEFINITIONS. 

16 For purposes of this Act17 ( 1) the term "Bands" means the Little Tra18 verse Bay Bands of Odawa Indians and the Little 

19 River Band of Ottawa Indians; 

20 (2) the term "member" means those individuals 

21 enrolled in the Bands pursuant to section 7; and 

22 (3) the term "Secretary" means the Secretary 

23 of the Interior. 
6 

5 

SEC. 4. FEDERAL RECOGNITION. 

2 (a) FEDERAl, RECOGNITION.-Federal recognition of 

3 the Little Traverse Bay Bands of Odawa Indians and the 

4 Little River Band of Ottawa Indians is hereby reaffirmed. 

5 All laws and regulations of the United States of general 

6 application to Indians or nations, tribes, or bands of Indi7 ans, including the Act of June 18, 1934 (25 U.S.C. 461 

8 et seq.; commonly referred to as the "Indian Reorganiza9 tion Act"), which are not inconsistent with any specific 

10 provision of this Act shall be applicable to the Bands and 

11 their members. 

12 (b) FEDERAl. SERVICES AND BENEFITS.-

13 (1) IN GENERAI..-The Bands and their mem14 bers shall be eligible for all services and benefits pro15 vided by the Federal Government to Indians because 

16 of their status as federally recognized Indians, and 

17 notwithstanding any other provision of law, such 

18 services and benefits shall be provided after the date 

19 of the enactment of this Act to the Bands and their 

20 members 'vithout regard to the existence of a res21 ervation or the location of the residence of any mem22 ber on or near any Indian reservation. 

23 (2) SERVICE AREAS.-

24 (A) LITTLE TRAVERSE BAY BANDS.-For 

25 purposes of the delivery of Federal services to 

26 the enrolled members of the Little Traverse 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

7 

6 

Bay Bands of Odawa Indians, the area of the 

State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse 

Bay Bands as set out in Article I, paragraphs 

'third' and 'fourth' of the Treaty of 1855, 11 

Stat. 621, shall be deemed to be within or near 

a reservation, notwithstanding the establishment of a reservation for the tribe after the 

date of the enactment of this Act. Services may 

be provided to members outside the named 

semce area unless prohibited by law or program regulations. 

(B) LITTLE RIVER BAND.-For purposes 

of the delivery of Federal services to enrolled 

members of the Little River Band of Ottawa 

Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall 

be deemed to be 'vithin or near a reservation, 

notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to 

members outside the named Counties unless 

prohibited by law or program regulations. 
8 

7 

SEC. 5. REAFFIRMATION OF RIGHTS. 

2 (a) IN GENERAL.-All rights and privileges of the 

3 Bands, and their members thereof, which may have been 

4 abrogated or diminished before the date of the enactment 

5 of this Act are hereby reaffirmed. 

6 (b) EXISTING RIGHTS OF TRIBE.-Nothing in this 

7 Act shall be construed to diminish any right or privilege 

8 of the Bands, or of their members, that existed prior to 

9 the date of enactment of this Act. Except as otherwise 

10 specifically provided in any other provision of this Act, 

11 nothing in this Act shall be construed as altering or affect12 ing any legal or equitable claim the Bands might have to 

13 enforce any right or privilege reserved by or granted to 

14 the Bands which were wrongfully denied to or taken from 

15 the Bands prior to the enactment of this Act. 

16 SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE 

17 BANDS. 

18 (a) LITTLE TRAVERSE BAY BANDS.-The Secretary 

19 shall acquire real property in Emmet and Charlevoix 

20 Counties for the benefit of the Little Traversee Bay 

21 Bands. The Secretary shall also accept any real property 

22 located in those Counties for the benefit of the Little Tra23 verse Bay Bands if conveyed or otherwise transferred to 

24 the Secretary, if at the time of such acceptance, there are 

25 no adverse legal claims on such property including out26 standing liens, mortgages or ta.xes owed. 
9 

8 

1 (b) LITTLE RIVER BAND.-The Secretary shall ac2 quire real property in Manistee and Mason Counties for 

3 the benefit of the Little River Band. The Secretary shall 

4 also accept any real property located in those Counties for 

5 the benefit of the Little River Band if conveyed or other6 wise transferred to the Secretary, if at the time of such 

7 acceptance, there are no adverse legal claims on such 

8 property including outstanding liens, mortgages or taxes 

9 owed. 

10 (c) ADDITIONAL LANns.-The Secretary may accept 

11 any additional acreage in each of the Bands' service area 

12 specified by section 4(b) of this Act pursuant to his au13 thority under the Act of June 18, 1934 (25 U.S.C. 461 

14 et seq.; commonly referred to as the "Indian Reorganiza15 tion Act"). 

16 (d) RESERVATION.-Subject to the conditions im17 posed by this section, the land acquired by or transferred 

18 to the Secretary under or pursuant to this section shall 

19 be taken in the name of the United States in trust for 

20 the Bands and shall be a part of the respective Bands' 

21 reservation. 

22 SEC. 7. MEMBERSHIP. 

23 Not later than 18 months after the date of the enact24 ment of this Act, the Bands shall submit to the Secretary 

25 membership rolls consisting of all individuals currently en-
10 

9 

1 rolled for membership in such Bands. The qualifications 

2 for inclusion on the membership rolls of the Bands shall 

3 be determined by the membership clauses in such Bands' 

4 respective governing documents, in consultation with the 

5 Secretary. Upon completion of the rolls, the Secretary 

6 shall immediately publish notice of such in the Federal 

7 Register. The Bands shall ensure that such rolls are main8 tained and kept current. 

9 SEC. 8. CONSTITUTION AND GOVERNING BODY. 

10 (a) CONSTITUTION.-

11 (1) ADOPTION.-Not later than 24 months 

12 after the date of the enactment of this Act, the Sec13 retary shall conduct, by secret ballot, elections for 

14 the purposes of adopting new constitutions for the 

15 Bands. The elections shall be held according to the 

16 procedures applicable to elections under section 16 

17 of the Act of June 18, 1934 (25 U.S.C. 476; com18 monly referred to as the "Indian Reorganization 

19 Act"). 

20 (2) INTERIM GOVERNING DOCUMENTS.-Until 

21 such time as new constitutions are adopted under 

22 paragraph (1), the governing documents in effect on 

23 the date of the enactment of this Act shall be the 

24 interim governing documents for the Bands. 

25 (b) OFFICIALS.-
11 

10 

1 (1) ELECTION.-Not later than 6 months after 

2 the Bands adopt constitutions and bylaws pursuant 

3 to subsection (a), the Bands shall conduct elections 

4 by secret ballot for the purpose of electing officials 

5 for the Bands as provided in the Bands' respective 

6 governing constitutions. The elections shall be con7 ducted according to the procedures described in the 

8 Bands' constitutions and bylaws. 

9 (2) INTERil\1 GOVERNMENTS.-Until such time 

10 as the Bands elect new officials pursuant to para11 graph (1), the Bands' governing bodies shall be 

12 those governing bodies in place on the date of the 

13 enactment of this Act, or any new governing bodies 

14 selected under the election procedures specified in 

15 the respective interim governing documents of the 

16 Bands. 

0 
12 

SECI10N-BY-SECI10N ANALYSIS OF H.R. 2376 

SECI10N 1. SHORT TITLE 

Section 1 cites the short title as the "Little Traverse Bay Bands of Odawa Indians and 

the Little River Band of Ottawa Indians Act." 

SECI10N 2. FINDINGS 

Section 2 states the findings of the Congress including: the two Bands are the 

political successors of treaty tribes; in 1935 the Bands filed for reorganization under the 

Indian Reorganization Act and were deemed elig~ble by federal officials; and the Bands have 

maintained governmental functions. 

SECI10N 3. DEFINmONS 

Section 3 provides definitions for terms in the Act. 

SECI10N 4. FEDERAL RECOGNmON 

Subsection (a) provides for the federal recognition of the two Bands and provides that 

laws applicable to Indian tribes generally shall apply to the Bands. 

Subsection (b) provides that the Bands will be eligible for Federal Indian benefits and 

services. 

SECI10N 5. REAFFIRMATION OF RIGHTS 

Subsection (a) provides that all rights and privileges of the Bands are reaffirmed. 

Subsection (b) provides that nothing in the Act is to construe or diminish any right 

or privilege of the Bands, or of their members, that existed prior to the date of enactment 

of the Act. 

SECI10N 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS 

Subsection (a) provides that the Secretary is to acquire property in two counties for 

the benefit of the Little Traverse Bay Bands provided there are no adverse legal claims on 

the property. 

Subsection (b) provides that the Secretary may acquire land in two counties for the 

benefit of the Little River Band provided there are no adverse legal claims on the property. 

Subsection (c) provides that the Secretary may accept additional land in the Band's 

service area. 
13 

Subsection (d) provides that lands transferred to the Bands shall be part of their 

reservation. 

SECl'ION 7. MEMBERSHIP 

Section 7 provides that within 18 months of enactment, the Band shall submit to the 

Secretary membership rolls which the Secretary is to publish in the Federal Register. 

SEcnON 8. CONSTITIJTION AND GOVERNING BODY 

Subsection (a) provides for (1) the adoption of a constitution within 24 months of 

enactment pursuant to the Indian Reorganization Act and (2) until adoption of the 

constitution, the interim governing documents of the Bands shall govern. 

Subsection (b) provides for (1) the election of Band officials within 6 months of 

adopting the constitution and (2) until the election, the interim governmental officials at the 

time of enactment shall govern. 
14 

BACKGROUND ON H.R. 2376 

Both the Little Traverse Bay Bands of Odawa Indians and the Little River Band of 

Ottawa Indians claim to be descendants of, and political successors to, the tnbes who were 

the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit. These 

~bes point out that three other tribes who are descendants of the saine signatones have 

been recognized by the Federal Governrnent as distinct Indian tnbes. The Bands filed for 

reorganization of their governments in 1935 under the Indian Reorganization Act. Federal 

agents who visited the Bands in the 1930's attested to the continued social and political 

existence of the tnbes and concluded that the groups were eligible for reorganization. 

Although they met all the standards of eligibility under the Act, lack of congressional 

appropriations prevented the tnbes from completing the process. 

H.R. 2376 grants Federal recognition to the Little Traverse Bay Bands of Odawa 

Indians and the Little River Bands of Ottawa Indians. 
103n CONGRESS 

1ST SESSION 

15 

H.R.878 

To restore Federal services to the Pokagon Band of Potawatomi Indians. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 1993 

Mr. UPTON (for himself and Mr. RoEMER) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

To restore Federal services to the Pokagon Band of 

Potawatomi Indians. 

1 Be it enacted by tlw Senate and House of Representa2 tives oftlw United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) The Pokagon Band of Potawatomi Indians 

6 is the descendant of, and political successor to, the 

7 signatories of the Treaty of Greenville 1795 (7 Stat. 

8 49); the Treaty of Grouseland 1805 (7 Stat. 91); the 

9 Treaty of Spring Wells 1815 (7 Stat. 131); the 

10 Treaty of the Rapids of the Miami of Lake Erie 

11 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 
16 

2 

1 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat. 

2 218); the Treaty of the Mississinewa on the Wabash 

3 1826 (7 Stat. 295); the Treaty of St. Joseph 1827 

4 (7 Stat. 305); the Treaty of St. Joseph 1828 (7 

5 Stat. 317); the Treaty of Tippecanoe River 1832 (7 

6 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 

7 431). 

8 (2) In the Treaty of Chicago 1833, the 

9 Pokagon Band of Potawatomi Indians was the only 

10 band that negotiated a right to remain in Michigan. 

11 The other Potawatomi bands relinquished all lands 

12 in Michigan and were required to move to Kansas or 

13 Iowa. 

14 (3} Two of the Potawatomi bands later re15 turned to the Great Lakes area, the Forest County 

16 Potawatomi of Wisconsin and the Hannahville ln17 dian Community of Michigan. 

18 (4} The Hannahville Indian Community of 

19 Michigan, the Forest County Potawatomi Commu20 nity of Wisconsin, the Prairie Band of Potawatomi 

21 Indians of Kansas, and the Citizen Band Pota22 watomi Indian Tribe of Oklahoma, whose members 

23 are also descendants of the signatories to one or 

24 more of the aforementioned treaties, have been rec-

... 11.,.:. \ . . 

25 ognized 1>y the Fed~ral Government as Indian tribes 
17 

3 

1 eligible to receive services from the Secretary of the 

2 Interior. 

3 (5) Beginning in 1935, the Pokagon Band of 

4 Potawatomi Indians petitioned for reorganization 

5 and assistance pursuant to the Act of June 18, 1934 

6 (25 U.S.C. 461 et seq., commonly referred to as the 

7 "Indian Reorganization Act"). Because of the finan8 cial condition of the Federal Government during the 

9 Great Depression it relied upon the State of Michi10 gan to provide services to the Pokagon Band. Other 

11 Potawatomi bands, including the Forest County Pot12 awatomi and the Hannahville Indian Community 

13 were provided services pursuant to the Indian R.eor14 ganization Act. 

15 (6) Agents of the Federal Government in 1939 

16 made an administrative decision not to provide serv17 ices or extend the benefits of the Indian R.eorganiza18 tion Act to any Indian tribes in Michigan's lower pe19 ninsula. 

20 (7) Tribes elsewhere, including the Hannahville 

21 Indian Community in Michigan's upper peninsula, 

22 received services from the Federal Government and 

23 were extended the benefits of the Indian R.eorganiza24 tion Act. 
18 

4 

1 ( 8) The Pokagon Band of Potawatomi Indians 

2 consists of at least 1,500 members who continue to 

3 reside close to their ancestral homeland in the St. 

4 Joseph River Valley in southwestern Michigan and 

5 northern Indiana. 

6 (9) In spite of the denial of the right to orga7 nize under the Indian Reorganization Act, the 

8 Pokagon Band has continued to carry out its gov9 ernmental functions through a Business Committee 

10 and Tribal Council from treaty times until today. 

11 (10) The United States Government, the gov12 ernment of the State of Michigan, and local govern13 ments have had continuous dealings with the recog14 nized political leaders of the Band from 1795 until 

15 the present. 

16 SEC. 2. FEDERAL RECOGNITION. 

17 Federal recognition of the Pokagon Band of Pota18 watomi Indians is hereby affirmed. Except as otherwise 

19 provided in this Act, all Federal laws of general applica20 tion to Indians and Indian tribes, including the Act of 

21 June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with 

22 respect to the Band and its members. 

23 SEC. 3. SERVICES. 

24 Notwithstanding any other provision of law, the Band 

25 and its members shall be eligible, on and after the date 
19 

5 

1 of the enactment of this Act, for all Federal services and 

2 benefits furnished to federally recognized Indian tribes 

3 without regard to the existence of a reservation for the 

4 Band or the location of the residence of any member on 

5 or near an Indian reservation. 

6 SEC. 4. TRIBAL MEMBERSHIP. 

7 Not later than 18 months after the date of the enactS ment of this Act, the Band shall submit to the Secretary 

9 membership rolls consisting of all individuals eligible for 

10 membership in such Band. The qualifications for inclusion 

11 on the membership rolls of the Band shall be determined 

12 by the membership clauses in the Band's governing docu13 ments, in consultation with the Secretary. Upon comple14 tion of the rolls, the Secretary shall immediately publish 

15 notice of such in the Federal Register. The Bands shall 

16 ensure that such rolls are maintained and kept current. 

17 SEC. 6. CONSTITUTION AND GOVERNING BODY. 

18 (a) CONSTITUTION.-

19 (1) ADoPTION.-Not later than 24 months 

20 after the date of the enactment of this Act, the Sec21 retary shall conduct, by secret ballot and in accord22 ance with the provisions of section 16 of the Act of 

23 June 18, 1934 (25 U.S.C. 476), an election to adopt 

24 a constitution and bylaws for the Band. 
20 

6 

1 (2) INTERIM GOVERNING DOCUMENTS.-Until 

2 such time as a new constitution is adopted under 

3 paragraph (1), the governing documents in effect on 

4 the date of enactment of this Act shall be the in5 terim governing documents for the Band. 

6 (b) OFFICIALS.-

7 (1) ELECTION.-Not later than 6 months after 

8 the Band adopts a constitution and bylaws pursuant 

9 to subsection (a), the Secretary shall conduct elec10 tions by secret ballot for the purpose of electing offi11 cials for the Band as provided in the Band's con12 stitution. The election shall be conducted according 

13 to the procedures described in subsection (a), except 

14 to the extent that such procedures conflict with the 

15 Band's constitution. 

16 (2) INTERIM GOVERNMENT.-Until such time 

17 as the Band elects new officials pursuant to para18 graph (1), the Band's governing body shall be the 

19 governing body in place on the date of the enact20 ment of this Act, or any new governing body selected 

21 under the election procedures specified in the in22 terim governing documents of the Band. 

23 SEC. 8. TRIBAL LANDS. 

24 The Band's tribal land shall consist of all real prop25 erty, includin~ the hind upon which the Tribal Hall is situ-
21 

7 

l ated, now or hereafter held by, or in trust for, the Band. 

2 The Secretary shall acquire real property for the Band. 

3 Any such real property shall be taken by the Secretary 

4 in the name of the United States in trust for the benefit 

5 of the Band and shall become part of the Band's reserva6 tion. 

7 SEC. 7. SERVICE AREA. 

8 The Band's service area shall consist of the Michigan 

9 counties of Allegan, Berrien, Van Buren, and Cass and 

lO the Indiana counties of La Porte, St. Joseph, Elkhart, 

ll Starke, Marshall, and Kosciusko. 

12 SEC. 8. JURISDICTION. 

l3 The Band shall have jurisdiction to the full extent 

14 allowed by law over all lands taken into trust for the bene15 fit of the Band by the Secretary. The Band shall exercise 

16 jurisdiction over all its members who reside within the 

17 service area in matters pursuant to the Indian Child WellS fare Act, 25 U.S.C. 1901 et seq., as if the members were 

19 residing upon a reservation as defined in that Act. 

20 SEC. 9. DEFINITIONS. 

21 For purposes of this Act22 ( 1) the term "Band" means the Pokagon Band 

23 of Potawatomi Indians; 
22 

8 

1 (2) the tenn "member" means those individuals 

2 eligible for enrollment in the Band pursuant to sec3 tion 4; and 

4 (3) the tenn "Secretary'' means the Secretary 

5 , of the Interior. 

0 
23 

SECfiON-BY-SECilON ANALYSIS OF B.R. 878 

SECilON 1. FINDINGS 

Section 1 provides the findings of the Congress which includes the history of the tribe. 

SECfiON 2. FEDERAL RECOGNITION 

Section 2 provides that the Pokagon Band of Potawatomi Indians is to be federally 

recognized as an Indian tnbe. 

SECfiON 3. SERVICES 

Section 3 provides that the Band and its members shall be eligible for services 

provided to federally recognized Indian tnbes and their members. 

SECfiON 4. TRIBAL MEMBERSHIP 

Section 4 provides that within 18 months after enactment, the Band is to submit to 

the Secretary membership rolls which the Secretary is to publish in the Federal Register. 

SECfiON S. CONSTITUTION AND GOVERNING BODY 

Subsection (a)(l) provides for the adoption of a constitution within 24 months of 

enactment. 

Subsection (a)(2) provides that the governing documents in effect on the date of 

enactment are to be the interim documents of the Band. 

Subsection (b)(l) provides that within 6 months after the Band adopts a constitution, 

the Secretary is to conduct elections for tribal officials. 

Subsection (b )(2) provides that until the new officials are elected, the Band's 

governing body shall be those in place on the date of enactment. 

SECfiON 6. TRIBAL LANDS 

Section 6 provides that the Band's land shall include lands upon which the tribal hall 

is situated and other lands subsequently acquired. 

SECfiON 7. SERVICE AREA 

Section 7 provides that the Band's service area is to consist of 4 counties in Michigan 

and 6 counties in Indiana. 
24 

SECTION 8. JURISDICTION 

Section 8 provides that the Band is to have jurisdiction over lands taken into trust and 

over all members who reside in its service area in matters pursuant to the Indian Child 

Welfare Act. 

SECTION 9. DEFINmONS 

Section 9 provides definitions for terms used in the Act. 
25 

BACKGROUND ON H.R. 878 

The Pokagon Band of Potawatomi Indians claim to be the descendants and political 

successors to the signatories of the Treaty of Greenville (1795), the Treaty of Grouseland 

(1806), the Treaty of Spring Wells (1815), the Treaty of the Rapids of the Miami of Lake 

Erie (1817), the Treaty of St. Mary's (1818), the Treaty of Chicago (1921), the Treaty of the 

Mississinewa on the Wabash (1826), the Treaty of St. Joseph (1827), the Treaty of St. 

Joseph (1828), the Treaty of Tippecanoe River (1832), and the Treaty of Chicago (1833). 

The Tribe asserts that in the Treaty of Chicago (1833), the Pokagon Band of Potawatomi 

Indians was the only band that negotiated a right to remain in Michigan. The other 

Potawatomi bands relinquished all lands in Michigan and were required to move to Kansas 

or Iowa. Two of the Potawatomi bands later returned to the Great Lakes area, the Forest 

County Potawatomi of Wisconsin and the HannahviUe Indian Community of Michigan. 

Beginning in 1935, the Pokagon Band of Potawatomi Indians petitioned for reorganization 

and assistance pursuant to the Act of June 18, 1934. Because of the financial condition of 

the Federal Government during the Great Depression it relied upon the State of Michigan 

to provide services to the Pokagon Band. Other Potawatomi bands, including the Forest 

County Potawatomi and the Hannahville Indian Community, were provided services pursuant 

to the Indian Reorganization Act. Agents of the Federal Government in 1939 made an 

administrative decision not to provide services or extend the benefits of the Indian 

Reorganization Act to any Indian tribes in Michigan's lower peninsula. 

The Pokagon Band of Potawatomi Indians consists of at least 1,500 members who 

continue to reside close to their ancestral homeland in the St. Joseph River Valley in 

southwestern Michigan and northern Indiana. The Band has continued to carry out its 

governmental functions through a Business Committee and Tnbal Council from treaty times 

until today. 
26 

PANEL CONSISTING OF HON. FRANK E'ITAWAGESHIK, CHAIRMAN, LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS; 

HON. SHIRLEY OLDMAN, TREASURER, LI'ITLE TRAVERSE 

BAY BANDS OF O'ITAWA INDIANS; HON. DANIEL BAILEY, 

CHAIRMAN, LITTLE RIVER BANDS OF O'ITAWA INDIANS; 

KATHERINE GLOCHESKI, TRmAL ELDER, LI'ITLE RIVER 

BAND OF O'ITAWA INDIANS; WILLIAM BROOKS, ESQ., MICHIGAN INDIAN LEGAL SERVICES; AND, JAMES McCLURKEN, 

PH.D., ASSISTANT PROFESSOR OF ANTHROPOLOGY, MICHIGAN STATE UNIVERSITY 

Mr. RICHARDSON. I want to welcome our first panel, Honorable 

Frank Ettawageshik, Chairman of the Little Traverse Bay Bands 

of Odawa Indians; Honorable Shirley Oldman, Treasurer, Little 

Traverse Bay Bands of Ottawa Indians; Honorable Daniel Bailey, 

Chairman, Little River Bands of Ottawa Indians; Katherine 

Glocheski, Tribal Elder, Little River Band of Ottawa Indians; William Brooks, Esquire, Michigan Indian Legal Services; and James 

McClurken, Ph.D., Michigan State University. 

We welcome all of you. Again, the committee staff assistant will 

be turning the light on. When you see the green keep going; when 

you see the yellow, start summarizing; and when you see the red, 

come very close to concluding. 

Thank you again. 

We will first hear from the chairman, Honorable Frank 

Ettawageshik. 

STATEMENT OF HON. FRANK E'ITAWAGESHIK 

Mr. E'ITAWAGESHIK. Mr. Chairman, and members of the committee. Bozhoo. Hello. Naakwegeeshik, Noonday is my name. I'm a 

member of the Sparrowhawk clan of the Odawa tribe. I'm also 

known as Frank Ettawageshik, currently chairman of the Little 

Traverse Bay Bands of Odawa Indians. Our people live along the 

northern shores of Lake Michigan. For generations we've been 

working to protect our treaty rights and to assert our political 

rights as an Indian tribe. The historical and legal details of our 

case for this Congress will be presented by Michigan Indian lxgal 

Services and by our tribal ethnohistorian. 

So that you may better understand our issues I'll tell you about 

my family. 

Mter the Odawa fought the United States in the War of 1812, 

my great-great-great uncle Assiginac, who was born in 1768, made 

a wooden carving of his war canoe. My great-great-grandfather's 

picture was taken in 1880 in front of the church in the town of Little Traverse, now called Harbor Springs. 

Paul Ettawageshik was one of the many Odawa people who were 

involved in trying to regain lands taken from them through fraudulent means. His cousin Margaret Blackbird Ogabeg iji gokwe took 

a trip to Washington in the 1870s to attempt to convince President 

Grant to help our people keep our lands. 

This January 7, 1877, letter, housed at the National Archives, 

describes a long and arduous but unsuccessful trip she made to 

Washington to convince the President to protect our reservation 

from squatters. 
27 

My grandfather Joseph Ettawageshik and my grandmother 

Agnes Chingwa were active in tribal affairs in the late 1800s and 

the early 1900s helping to keep our traditions and language alive. 

In the mid-1930s my father Fred Ettawageshik worked on the 

tribe's efforts to assert and maintain our treaty guaranteed rights 

during the early days of the Wheeler-Howard Act. 

Today, I'm here before you as a representative of the Odawa people from Waganakising, the Crooked Tree Place. Just as my ancestors have done before me, I ask the United States to live up to its 

government-to-government responsibilities to our tribe, responsibil- ities established in the treaties of 1836 and 1855. We are not asking to be taken care of; we're working to care for ourselves, to keep 

our traditions and language alive. But by passing this legislation, HR 2376, this Congress will reaffirm the political status of our tribe which will provide us with an 

important legal tool to assist us in the work of caring for ourselves. 

Our tribe exists. There has never been an express action of Congress nor of history which terminated our tribe. We still live, work 

and raise our children in the same lands we occupied before the 

United States existed. 

What we ask is for Congress to pass this proposed legislation, 

making an important step in righting historic wrongs and in helping us to help ourselves. We thank you for your consideration and we wish you well. 

[Prepared statement of Mr. Ettawageshik and attachments follow:] 
28 

Testimony of Frank Ettawageshik, Chairman 

Little Traverse Bay Bands of Odawa Indians 

Submitted to the Committee on Natural Resources 

Subcommittee on Native American Affairs 

United States House of Representatives 

Hearing concerning H.R. 2376 

September 17, 1993 

Bozhoo. Naakwegeeshik n'dizhnikaas. Pepegwezanse Ododem. Hello. Noonday is my 

name, Sparrowhawk is my clan, of the Odawa tribe. I am also know as Frank Ettawageshik, 

currently chairman of the Little Traverse Bay Bands of Odawa Indians. 

We have lots of evidence to present at this hearing. We have tribal leaders, historians 

and attorneys with us to help present that evidence. But there is something which we must 

be sure is not forgotten; there is an idea which we must bring to this hearing. All of the 

people in this room, from you and your fellow Committee Members and staff, to the 

spectators in the back row, are people who work long hours to support important goals. We 

all attend meetings that take us away from our homes and keep us away from our children's 

activities. We involve ourselves in projects so deeply that we are preoccupied mentally even 

when we are at home and could otherwise relax. 

Why do we do these things? What is so important that we will sacrifice our own n·eeds 

and the needs of our families? We all work to maintain fairness. We all work to satisfy our 

sense of self-worth. We all work hoping to accomplish things that will allow our children 

and their descendants to enjoy peace and well-being in their lifetimes. 

For Odawa people this is not some unobtainable utopian dream. Accomplishing this 

peace and well-being has been and is a goal of our traditional ways. Most times the path 

towards this goal does not involve bureaucracies or councils or reams of paperwork. It's a 

simple one-on-one exchange in which we honor and support the individuals within our 

families and our communities in our daily lives. We praise our children, respect our elders, 

and try to forgive ourselves and others who get mired in life's struggles. We strive to 

support others with our deeds and with positive thoughts, while we learn to respect and 

honor ourselves. 

Every now and then an issue arises for which we must set aside simplicity and 

independent action. We gather together and speak in unison. We prepare the reams of 

paperwork. We attend the councils and committee meetings. We sacrifice our own needs 

and the needs of our families and we struggle to right historical wrongs; we struggle today 

so that the seventh generation from now will be free to work on more important 

accomplishments. Seven generations ago our Odawa ancestors were locked in a battle just 

to survive in whatever way they could. We were compelled to sell our lands, pressed to 

adopt a new culture, but in short, we have survived. Today we work for that seventh 
29 

generation upcoming. We who are speaking in the Odawa world today hope that we will 

not be found lacking in courage and strength by the tellers and writers of histories in the 

future. 

We are sure that this committee and its members will consider what is presented at this 

hearing with a clear mind and an open heart. We honor each of you and all of your staff 

members. We wish to validate all of the sacrifices that have been made by all of the 

people who have worked and will work in the future on this legislation. 

I come here today to testify on behalf of the Odawa people of the Little Traverse Bay 

Bands. Our people live in Michigan along the northern shores of Lake Michigan. For 

generations we have been writing to and coming to Washington to try to serve the needs of 

our people, to protect our treaty rights, to assert our political rights as an Indian tribe. 

Many times we have been ignored and often we've met with indifference. The historical and 

legal details of our case for this Congress will be presented by our tribal legal assistants at 

Michigan Indian Legal Services and by our tribal ethnohistorian. 

Some here might say who are these Odawa people? Who is it who comes to ask for this 

action by this Congress? We represent many families and communities. We represent our 

grandmothers and grandfathers. We represent our children and the coming generations. So 

that you may better understand our issues I will tell you about my family. 

After the Odawa fought the United States in the War of 1812, my great-great-great 

uncle Assiginac, who was born in 1768, made a wooden carving of his war canoe. He carved 

images of himself and two of his brothers, my great-great-great uncles. My great-greatgrandfather's picture was taken in 1880 in front of the church in the town of Little Traverse, 

how called Harbor Springs, in northern Michigan. Paul Ettawageshik was one of the many 

Odawa people who were involved in trying to regain lands taken from them through 

fraudulent means. His cousin Margaret Blackbird Ogabegijigokwe took a trip to Washington 

in the 1870s to attempt to convince President Grant to help our people keep our lands. This 

January 7th, 1877 letter is housed at the National Archives. This letter describes a long and 

arduous trip she made to Washington to convince the President to protect our reservation 

from squatters. The President would not see her and she returned home. My grandfather 

Joseph Ettawageshik and my Grandmother Agnes Chingwa were active in tribal affairs in 

the late 1800s and the early 1900s. Joseph and Agnes were two of the many people from 

the Odawa families in our tribe who helped to keep our traditions and language alive to pass 

on to the coming generations. In the mid-1930s my father Fred Ettawageshik worked on the 

tribe's efforts to assert and maintain our treaty guaranteed rights during the early days of 

the Wheeler-Howard Act. 

Testimony of Frank Ettawageshik, Chairman September 17, 1993 

- 2-

84-978 - 95 - 2 
30 

Today, I stand before you as a representative of the Odawa from Waganakising, the 

Crooked Tree Place. Just as my ancestors have done before me, I ask the United States to 

live up to its government-to-government responsibilities to our tribe established in the 

treaties of 1836 and 1855. We are not asking to be taken care of; rather we ask that the 

political status of our tnbe be reaffirmed. We are working to care for ourselves, to keep our 

traditions and language alive. By passing this legislation this Congress will assist us in the 

work of caring for ourselves by providing us with an important legal tool. 

We do not come here asking Congress to create a tribe for us. Our tribe exists. We 

have been here long before the coming of the Europeans. Since the treaty making time we 

have not gone away or stopped being a tribe. There bas never been an express action of 

Congress nor of history which terminated our tribe. We still live, work and raise our 

children in the same lands we occupied before the United States existed. We don't come 

here asking for anything complicated. 

All we ask is that the U.S. Congress look at us, read the evidence presented by the 

experts who have come to testify with us, and to pass this proposed legislation, H.R. 2376. 

This will be an important step in righting historic wrongs and in helping us to help ourselves. 

We thank you for your consideration and we wish you well. 

fetes93.fia 

Testimony of Frank Ettawageshik, Chairman September 17, 1993 

-3-
31 

' 

·i 

I : t· ·-- ... I 

l 

I 

I • 

·{ 

. -~ ......... ,___ jt 

. '.: ~ 

~ 

... - i .. 
32 

.. : ·-- ~ .. ,_. . . . . . . .. 

L_~,;~--~.~~t;.i,i~; i'~~~~~L.;i&~ili~~~:-4'/~~~~~,, 
33 
34 
35 
Februcry :7, 1992 

Congressman Robert Davis 

2·ll7 !'ayburn Building 

Wnshington, DC 20510 

Dear Conu=2ssman Davis: 

36 

Wmki11~ {11r Nmthrrn tdit'hir.rm't 

Fuunr 5inet 1910 

Th:..s letter is in regards to Housn of Representatives Bill 

::n . .;953. 

G·.lr Cham::Oe:: supports this Bill and we urge you to take those 

s~e?s necessary in order to get this Bill enacted. Emmet and 

Char:evoix counties have a largP. Native American population and 

we feel it important for thorn to receive federal reaffirmation 

they so deserve. 

With this recognition, our local representatives of the Little 

'I'raversc; Band of Odawa Indians can receive suppport and address 

!1ealth care and housing challenges that face Native Americans in 

vi.Or area. 

Si/rc:ly, 

. !./~ / L / 

v· Robert Kinney 

President 

RK/klr 

cc: Senator Carl Levin 

Senat~r Donald Riegle 

Senator George l1cManus 

Representative Pat Gagliardi 

Mr. Ron Wemigwase 
37 

MICHIGAN SENATE 

:1:- - _ __ ; -I tt. \ -- ~--:i: 

Senate Resolution No. 383 

Offered by Senators McManus. Koivisto and Pridnia 

A RESOLUTION TO RECOGNIZE TilE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 

AS A HISTORIC INDIAN TRIBE AND TO SUPPORT THE EFFORTS OF THE TRIBE TO OBTAIN FEDERAL REAFFIR~IATION 

WHEREAS. The Odawa Indians have played an important role in the heritage and 

the history o( our present state or Michigan. Long before the arrival of European 

explorers. the formation of the Northwest Territories, and the creation or Michigan as a 

state, the Odawa Ind ians made the northern Great Lakes region their home: and 

WHEREAS. Today, seven major groups o( Native Americans in Michigan are 

federally recognized tribes. Federal recognition gives tribes access to critical runding 

for programs leading lo self·surticiency through economic development and Rrowlh; and 

WHEREAS, The Little Traver~ D:..y Bands of Odawa Indians is one of our !ttate's !!liX 

non·£ederally recognized stote historic tribes. The tr b~. however. is directly descenrled 

from those who lived here at the time of the signing o! the 1836 Treaty of Wa.,hinl(t.on 

and the 1855 Treaty of Detroit. which deeded large amounts or land to the federal 

government. These treaties established a government-to-government relationship that 

the tribe. justly, feels still continues today; and 

WHEREAS, Jt is m03t fitting and appropriate that the Little Traverse Bay Bands 

of Odawa. Indians r~ceives federal recognition. The tribe's proud heritage and long 

documented history dearly call for federal recognition; now, therefore, be it 

RESOLVED BY THE SENATE. That the members of this legislative body hereby 

recogniu the Little Traverse Bay Bands of Odawa Indians as a Michigan historic 

Indian tribe, :and strongly support its efforts to obtain federal reaffirmation; and be it further 

RESOLVED, That copies of this document be transmitted to the Little Tra.verse Bay 

Bands of Odawn Indians. representatives of the Bureau of Indian Affairs, the President 

of the United States Senate. the Speaker oC the United States House of Representatives, 

and the members of the Michigan congressional delegation. 

Adopted by lhe Senate, March 18, 1992. 

~:......... S.CNI!tary of ... 

thfo 

~ 

Seftlte 
38 

... ..... ,., ,.,.~_, ,, ,-i] \( ____ H_9.~~~9F R~~J~ ~_SE~HATIVES )i j i . ; 

House Hcsululion No. li~)2 

A ltE III.IITIOtl TO HEC!Jt;t:I/.E 

Tilt. I.I"I'TI.I•: 'l"ltA\'t-: I:St-; IIA\' HANIIS IIF OHA\\'A INIHAN~-\ AS 

AN lllSTIIIUC..: INIIIAN THIHE .UIH '(() S IJI'I'OHT Till-: EI·'FOitlS OF 

TillS TIUm: TO OIITAifl n:lll;It.\L !tEAtTIItMATlUII 

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tlaf! mulli c:ullur~~ol t:~prr:lry U1:tl rrpn••.rntl' t'lllr """''iP.h·. Our iruli~~;:•·nr"'" ritir.rfl!' rnj1.1y • clirf"f"\ linlw. to 

lht I'Nll'it' who c:'lltt!•l thi" •r.·:'l lu.nnr lnnlf bdorr tlu• :uriv:'l nf thr 1-: ~J pr:t.nl', lM"r;innint( in the 

M'\'r lll('t'nlh C::f'nhuy. nol:~.y, mrn anrl wnrnrn rof \':trinu-. lriJ.,·o; in Mil" l1ir,:'ln Iliff' dro;rrml:ml• nf 

iuoli, olu:tl~ whn rntcrcd into trr:..ly an••r.m~nL~ •ith the aullu•ritit-:o; t~f II•~ n~wly furnn.•d Unil'!tl SL'\Ir~ 

of America; Anti 

\VIIEfli~AS, l'r(''".rut lr, lhrrr ;ur !<r\••n {r•l•·r:\ll'l ro rn~u n·d lrol•r" in Mit• lo ~rtn :1111l !ti' llo11l "'" 

rrrnr:ni1.rd :\~ ~1 '\:r hi~tmk trilw~ th:.l :\fC 11ot (urm:t.lly :oo·knuwlcdtct:tl hy fl~lcr::al oHic:ials. Amon!( tl~ 

Mt tl•e tiule Trurut nay n:uul-. of (hbw• lntli:lll~; :uut 

\'.'JH·;JU·: ,\!'. Th• l.illl~ Tr:ovt·u,. lby ll aud~ tt( Hobw~ lnoloan ~ t'•tutiuu.-,; 1n li vr i11 th,. nml.l1r t11 

l••.,·r r l' rnim~ ula. whf'tf' t1orir anrr:<;l•tt' ~r•l p:rn,.r ~tiu u!ll :lll:". (;rrat Ktr:t.l p;r:uult•:~e f'nt.' n( tnoby'!l 

lr ilo~ fll{'lni»('U !ti p:nf'ti !IIIIC'h kry lrr:ot ir-. in Mirh iL!:\Il histJtr)' :Lo; lhr lt':1G T rrrtly nf \Ya~hinRl.oh And u.~ 

18~.:; Treaty or Ddroitlhal Crtled 110\~lt'XI I:'I II!'f"S of IMti (I) the ff'oln:tlw:on·mm•nt: rmd 

\\'111-:llf.AS. SrrurinR; thl"lnnR ••vo·roluc !IIL:tlu!l :t.' !l (Nio•r:oll!f ·rn~~:uiJ:rtl tril ~ won1ltlllf'll' tl1f' l.ittlt• 

Tr:t.vrr!IIP. lby H:t.nd!ll n( 01bw:. lntli:tn' in m:ony W:t )·~. Tl•i!t !>h-I• in lra:ality wnultl lurtlwr 11•.- trilw ~ 

~lronp: :\1111 hi .. loric Ctl!l\ll)itlllrlltlo lll:tintainin~r: :w ill\':\luahlro lu·ril:tvr. In :\&lllitiun. rurrnllll rrrllRIIiliun 

wil l prnvidl'! :\ 111:1jnr rmph:l,i!t tn hrl1• thr tribr h••rtUnt' ~rlr-!tuHi!'irnt thruullfh inr.rr~~r•l u· r.•-.~ lu :a 

\':t.ricly nC t~lcr:tl rrnr.r:~.ms . Thi~ i!t :\n imrll•rL;nt. c!lrmrnt ur thro {ullin• lli:UI!l. lli~ i!'" lrilu! llroua:ly 

dt.,·utt-d ln Jtttpt'lU:\tin(l its culture ::and fo~tr.rinr Krc:.ter ind•Pf!ndcntt' :unonc i~ PfOI•Ir; :and 

WIIEIU·:As. 111C! l.ittlf 'l'r:tV('r!'l" lb)' ll:uuls or o .ta .... ·:t lndi:m'\ ha!ll rrr-t'ivrd f"llll!tidf'rahl• IUIIIIIflt( in 

ito: r.{lorl~ to ~:ain ff'drr:tlly rf'<'ov.nitt"fl 'latus. Thi~ !tUIIIK'>rt. i11rlu&lr!ll "'t!ll·tlnrunw.nlr d rrcn rd!t 

tlrlinr:ttinR:" th~ tril~t!'!t hi,tnry :tnti n~pir:atin11~. Any o)rni:tl ur n1:otkinr. tl•r~r clrf':tlll' a rr:ality i~ a 

lmrmfnl ami unju!tl :trlrnnt W a proud. ddrrmincJ, an•i ccsourcdul t:nmmunit.y of hlt!n and vuunru; 

nuw, then•(urt. he it 

llESUI.\'1-:IJ RY Tilt! IIOtiSE nF HEI'IlE~F.!'ITf.TI\'1-:S. Th:~.l thf' mrom1wor.t nf thi" lrKi~l:ttivro 

hotlr hrrrohy rr.cnKnitro lh<! l.lttle Tr::..,·er!tr l1:1.y Uands o( Othlw::.. l111lians 2.1 :l Michirr:.n hi!iiluric Indian 

tribl.'; :t.nJ Lc it (urlh~r 

lli-:SOI~ F.U. lh:-~t w~ ~lnmr.iy ~~~l'l""l ll1r •~Hnrt~ uf the Lilllt' Tr:lvcnl' Hr~y ll:md~ u( tkl;la-a 

'!;;•l i;,":;; tonhtnin federal rc:lCiirm:.Lion; ;mel be it further 

HF.~Ol.\'F.U, Th:-~t. n•l•ir,_ n( this ~fl lul iu n IK! lt:\fl!tlll it\,.,1 lu nUi!'i:'il! nf thf' l.ittlr 1'r:'l vr~ lby 

B:wcl~ o[ Od:\'A':a. Snc li::..M, rt•tttf'!'l'nt:~.lh·r!t ot th,. Rurl':'lu 11f ~ouli:t.n 1\fbir!l. th~ l'rt"li•lr-nt .,r th" Uroitf'rl 

~t:al"!t Scl•:t.lr. thr ~l'~':'lk• r ,.( lhr United St:ltts llou e of Urpr e~f'n L-..ti'""~ · :and the lnf'mi.K>n or lhr. 

Miehir.an cnngrC!l~ional dcleJtation. 

F~--:..-e ,...j. ,'L____ n~,k nf lh~ IICMIM or Rf,pret>nblivft 
39 

The Grand Traverse Band of 

Ottawa and Chippewa lnclans 

Route 1. Box 135 Suttons Bay. Michigan 49662 616·271·3538 

:'\or~ = i r:.: 

i·~r r r..··u :..: -::: :i~'!~ ~ssi·: H.. T r 1 oa 1 ?r·Es i d'=!lt 

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7:·.e t. l t·::i -1 :":"':-~v.a:-~e a~y :Jtlt1d$ .,f -::-Ca\•13 :!'\.l1i!U1~ t LTB8 I .S.1 ·']116 d th~· 

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l'"'!:s~=.: · .. ··~ t,::.1-as ~ilr ough the cresen~ ,., Nllrl\:. is no~ C.har-14-.,oi ·. 1.\nC: 

E.:"".;·_:-:: -: ~ou!"''ti-:a .. ·!i~ i11ga 1. ~1ost L'730 ::-;emoa,r·g sti il li\9 withln t:1-3 

~r~~ ~~~-~~~d for t~~m in the 1£~g :~~at~. 

T!·. ~ t..7~~ :.i .:~ ;:,·a:t.:.J ~rib• that ,.,: ...3 r.~·,ar ter i: ill ~~ te:.! b;,- act :: f 

Cc-r: :.,·.: ~. ~·.~ jc .o-:. :.~ncarstar.d 1-~hy this te llc tt ~:- eat.;· .a 1 fil1l3t::.·~-~ 

• .. ~:c..: ~~ :1:~: fl;j j~: a1 :: 3·: knowi .:ac:;ed. ,,.,,. sit.\.1~::1 :.. n r·~t.tr•JSel~ts ~ 

:· .~ .; t:· .. !-··: j~~::. :r:. 

~--~ .: ::·; .... -~·.:..-:: -.:.an ::ri l 1 t..e r-::·:tif·..:-·J o:,. rr,!.:; t.:.:.r·ill:J r-:.1-:t! ':ti 

·- -"'. :-~:::.;:.,.......... :-: ~~-~ "; ~ ":"'Br!. T!·e .. ~;- -:1:: .: ~:-~·;erse ?:v~ :l . f 1..'t.: t,.;:-. ·.\!'>'.' 

: :·, ~ :>t.:-:•,.;.3 :.~..: ~ u.·.: :;-::·:,.,gl i ' a .1c;,:,or:.z f:c:a-ra 1 c~t.!: v..>~.; J~dg;:·u!nt ~f t!iE 

... :;. _ ... 
Mr. Frank Ettawagechik, President 

aoard of Directors 

40 

Little Traverse Bay Bands of Odawa IndiBn& 

Route 1 !lox 135 

Suttons Bay, Michigan 49632 

Dear President Ettawagechik: 

The Odawa People arc very close relative& to the Ojibwa People. Five 

hundred years or so ago, we were member& of the Three Fires Society. 

Included in the Society was also the Potowatomi Peopie. We all speak 

a very similar language. The Odawa People had lived in this area 

before our Ojibwa People settled here permanently. In fact, the 

traditional name of our Reservation means "where the Odawa People 

resided". Hence, th.e Ojibwa name of Ot!i:' Reservatiori is "0-dah-wahzi-ya-gunninq". 

No~< it has been brought to my attention that the Little Traverse Bay 

Bands of Odawa Indians is seeking Federal recognition. This has been 

brou~ht to my attention by our Leglslat~ve Consultant, Dr. Eugene 

Begay. He has presented 11e with a copy of H.R. 3958, the Little 

1'.::averse Bay Bands of Odawa Indians .and the Little River Band of Odawa 

Indians Federal recognition bill, 102nd Congress, lst Session. It 

seems to me that you have progressed quite far in processing this bill 

through the U.S. Congress . I believe you need to push forward in 

e nacting this bill into law, which i feel can happen much sooner than 

the administrative petitioning process within the BIA. 

I personally support the Little Traverse Bay Bands of Odawa Indians 

quest for Federal recognition. Or. Begay is well-versed, and he unde rstands the status of H.R. 3958~ If either Or. Begay or I can assist your !lands in the future with additional supportive letters or 

testimony, please do not hesitate to conta~t ae personally. 

Uinc e::-e ly, 

~ . . :\ '"' . \'! . ' ..... . '\ \....: -- -"':--;~ _) ,-,,......__._.. ~ .... ......- Gu1:l-nhk1D05 " .. -----·· 

Tribal Chairman \ 

:tl~i~ 
41 

luc 

P.O. 

Vieux 

Box 

D=rt 

446- Choot.C 

:Jond of 

Road 

l uke C>upcrior 

· 

Chippewa lndiuns 

-

~ 

· 

w•~..- Mioh\<M •9%9 . . · · ••. • 

Resolution #·91-011 

WHEREAS: the Lac Vieux ' Desert Band of Lake Superior 

Chippewa Indians are a duly federally recognized 

Tribe according ' to .PL 100-420, and . .. 

WHEREAS: the Llt·tle Traverse Bay Bands of-.' Odawa Indians are 

WHEREAS: 

·-descendants of'' and the po'litical· successors to the 

·· historical · Ottawa "Band whose ·leaders were signatories to .. the -Treaty.' of . Washington in - 1836 

· and the Treaty _of I)etroit in 1855, and 

the Little Traverse Bay Bands of Odawa Indians 

were ·never terrninated·bythe U. S. -Congress or by 

Executive Grder of the President of the United 

States, and · ' . . 

WHEREAS: the Little Trav~rse bay Bands of Odawa Indians " have formally 'petitioned the u .s;· government for ·. re-affirmation ·of· their trust·:status ·as a · 

. ·federally:..recognized tribe. · . . ... · ··. · .. ·. :·.·'· . 

NOW THEREFORE .BE,IT RESOLVED: - that the Lac Vieux Desert 

Band of ·Lake" Superior Chippewa hereby endor.ses the efforts of 

the Little _Traverse. Bay· Bands· of: Odawa Indians 'to secure 

their rightful· status as · a . federally-recognized tribe. 

: CERTIFICATION 

We do hereby ·:certify this ·resolution was duly presented and 

voted UJ?On with .·a vote .. o~ :· J_: in favor,' and .:_Q_ opposed, 

and _·_u_· abstaining, · at · a . SpeciaL Meeting of the Lac Vieux 

Desert Tri~al Council held on .. this 16th day of_ April, 1992. 

9Ch35&45TI Phone 

906-35&4785 fJx. 
42 

City of Har.b or Springs • Michigan 

P.O. !lox 678 • 349 E. Main St. 

49740 0678 

CITY OF HARBOR SPRINGS 

RESOLUTION 

WHEREAS, the Little Traverse Bay Bands of Odawa Indians 

has long been a part of the history of the City of Harbor 

Springs; and 

WHEREAS, members of the Little Traverse Bay Bands of 

Odawa Indians continue to live in the Harbor Springs community today; and 

WHEREAS, the Little Traverse Bay Bands of Odawa Indians 

is seeking federal tribal recognition; and 

WHEREAS, the City Council of Harbor Springs feels that 

such recognition would further the tribe's effort to maintain their invaluable heritage, perpetuate their culture, 

and foster greater independence among its people. 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of 

Harbor Springs, Michigan, to support the efforts of the 

Little Traverse Bay Bands of Odawa Indians in seeking status as a federally recognized tribe. 

Dated this 2nd day of March, 1992. 

R/)4 

/ Ott..// ~l-1 .• -:/.a 

Paul Richards, Mayor Clerk 
43 

( .1-: \~ i) TK\VERSE CIIAKLEVOIX LEEL:\NAU BENZIE Mt\NISTEE 

FRIENOSHI~· TOWNSHIP RESOLUTION ON INDIAN AFFAIRS 

RESOLUTION ~~~2-02 

RECOGNITION OF 

THfO:: LITTLE TRAVERSE BAY BAND OF ODAWA INDIANS 

WHEREAS, the Little Traverse Bay·Band of Odawa Indians <LTBBl 

preeKists the formation of the United States of America, and 

WHEREAS, the LTBB has been identified as Aaerican Indian fro• 

hi5torical times until the present; and 

ANTRIM 

WHEREAS, the LTBB inhabit ~ a specific area by the Little Traverse 

Bay of Michigan's northern lower peninsula and its aembers a r e descendants of a tribe that inhabited that sa•e areal and 

WHEREAS, the LTBB aaintained tt•ibal political influence over its me a bers as an autonomous entity throughout history until the present; 

and 

WHEREAS, the •embership of LTBB is composed of persons who are not 

•embers of any other North Rm~rican I~dian tribel 

IT IS RESOLVED THAT: 

1. The Township of Friendship recognizes the Little Traverse Bay 

Band of Odawa Indians as a historic Indian tribe that continues to eKi s t as a tribal entity. 

2. The Township of Friendship fully supports the efforts of the 

Little Tr averse Bay Band of Odawa Indians to obtain federal 

rtt ilft'irmation. 

CERTIFICATION 

This resolution was considered and passed at a regular board 

•••ting of the Friendship Township Board on March 10, 1~~2 by a vote of 

5 in favor, 0 opposed, and 0 abstentions. 

(\ 

~ 

· \":!'m~t1...,ul)ruur~·, :-:---:--

Divner, Clerk 
44 

RESOLUTION Of' 

THE TO~ffiSHIP OF READMOND 

(a Michigan Statutory Township) 

Mar ch 4, 1992 

I'IHEREAS, the Little Traverse Bay Band of Odawa Indians (LTBB) 

preexists the formation of the United States of America1 and 

WHEREAS, the LTBB has been indentified as American Indian from 

histor i cal times until the p~esent ; and 

WHER~AS, the LTBB inhabits a specific area by the Little Traverse 

Bay of Michigan's northern lower peninsula and i ts members are descendants of a tribe that inha bited that same area; and 

WHEREAS, The LTBB has maintained tribal political influence over its members as an autonomous entity throughout history until the 

present1 and 

WHEREAS, the membership of LTBB is composed of persons who are not members of any other North American Indian tribe. 

NOW, THEREFORE IT IS HEREBY RESOLVED: 

1. Readmond Township recognizes the Little Traverse Bay Band 

of Odawa Indians as a historic Indian tribe that continues to exist as a tribal entity. 

2. Readrnond Township fully supports the efforts of the Little 

Traverse Bay Band of Odawa Indians to obtain federal reaffirmation. 

AYES: M'-l.fj'IYIB 5i .... n 's.s R.1nd.e/:; 

HAYES: t£-dJ/g"'Jh'fV 

ABSENT: L () re. 
WHEREAS: 

WHEREAS: 

WHEREAS: 

45 

RESOLUTION 

Resolution No: 92-4-27 

The Little Traverse Bay Bands of Odawa Indians are the descendants of and the political 

successors to the historical Ottawa Band who 

inhabited the Little Traverse Bay area, and whose 

leaders were signatories to the Treaty of 

washington in 1836 and the Treaty of Detroit in 

1855, and 

The Little Traverse Bay Bands of Odawa Indians 

were never terminated by the U.S. Congress or by 

Executive Order of the President of the United 

States, and 

The Little Traverse Bay Bands of Odawa Indians have 

formally petitioned the U.S. Government for 

reaffirmation of their trust status as a federally 

recognized tribe. 

NOW, THEREFORE BE IT RESOLVED, that the Bay Mills Indian Community 

hereby endorses the efforts of the Little Traverse 

Bay Bands of Odawa Indians to secure their rightful status as a federally-recognized tribe. 

ATTEST: 

Julie A. Timmer, Secretary 

Bay Mills Indian Community 

Executive Council 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills Indian 

Community Executive Council, do hereby certify that the above 

resolution was adopted and approved at a meeting of the B?Y Mills 

Executive Council held at Bay Mills, Michigan on the~day of 

April, 1992, with a vote of __s[__for --i}__opposed __(L__absent 

and __[__abstaining. As per provisions of the Bay Mills Constitution~ the Tribal Chairman must abstain except in the event 

of a tie. 1 

'- J "- LY4? L i 1'--"'~>1\ Q /\ Jul~e A. Timmer, Secretary 
!italo of Michigan J<lOloJS J. Olanchard 

Govornor 

DeparlmP.nt of Shelby P. Solomon 

Managcmonr and Oudget Director 

46 

Michigan Commission On Indian Affairs 

611 w. Ottawa Street- 3rd Floor. Nord• Tower 

P.O. Box 30026 

Lansing, Mlcl•lgan 40909 

MICII!GAN COMMISSION ON HIOIAII AFFAIRS 

RESOLUTION 1990-00_ 

RECOGNITION OF 

TilE LITTLE TRAVERSE BAY BAIID OF OllA"'- IHOIANS 

HIIEREIIS, the Little Traver" Bay Band of Odawa lndlan5 <LTOOJ preexhh 

the formation of the United State5 of America; and 

HHEREAS, The LTBB ha5 been Identified a5 Aloerlcan Indian fr011 historical 

t\111!5 untl I the pre5ent; and 

HHEREIIS, the LTBB Inhabits a 5peclflc area by the ll ttle Traverse Day of 

Michigan's northern lower penln5ula and Its member5 are descendants of a tribe 

that lnhabl ted that satne area; and 

HIIEREAS, the LTBB has maintained tribal political Influence over lt5 

members as an autonomous entity throughout history until the present; and 

WHEREAS, the 111ember5hlp of LTBB Is compo5ed of per50n5. who are not Mlllbers 

of any other North American Indian tribe; and 

HIIEREAS, The Michigan c.-hslon on Indian Affairs Is_. vested with the 

authority to recognize Indian tribes on behalf of the state of Michigan; 

IT IS RESOLVED TIIAT : 

1. The State of Michigan rtt()9nlzes the Little Travene Bay Oand of Odawa 

Indians as a historic Indian tribe t_hat continues to exist as. a tribal entity. 

2. The State of Michigan fully supports the efforts or the lltth 

Traverse Bay Band of Odawa Indians to obtain federal reafflr .. tlon. 

CERTIFICATION 

This resolution was considered and paued at a regular meeting of the 

fllthlgan Commission on Indian Affairs at Escanaba, Michigan on toJay_25 . .._.1J1.!!9.. 

by a vote of ~ In favor, _JL.._ opposed, and _JL.._ abstentions. 

a~taY~-- CHARLES J~hfils~HAIRMAII 

~199d ~ _j.Y.)~_,(!/J./-."/,~ BERHARD BOUSCIIOR, SECREtARY 
47 

The 5a~inaw ct]ippewa Indian ltibe 

of Mict]i~an 

7070 EAST BROAOWA Y MT. PLEASANT. MICHIGAN 48858 (517} 712·5100 

FAX (517) 112·3508 

Resolution 92-050 

NHEREAS: The Saginaw Chippewa Indian Tribe of Michigan is a 

Federally recognized Indian Tribe organized under a 

Constitution and By-Laws ratified by the Tribe on 

NovPmber 4, 1986, pursuant to P.L. 99-346; and 

WHEREAS: The Saginaw Chippewa Indian Tribe was solicited to 

support the Little Traverse Bay Bands of Odawa Indians 

in their efforts to secure federal recognition; and 

~HEREAS: The Little Traverse Bay Bands of Odawa Indians are the 

descendants of and the political successors to the 

historical Ottawa Band who inhabited the Little Traverse 

Bay area, and whose leaders were signatories to the 

Treaty of Washington in 1836 and the Treaty of Detroit 

in 1855; and 

\>lHEREAS: The Little Traverse Bay Bands of Odawa Indians were 

never terminated by the U.S. Congress or by Executive 

Order of the President of the United States; and 

WHEREAS : The Little Traverse Bay Bands of Odawa Indians have 

formall y petitioned the U.S. Government for re-affirmation 

of their trust status as a federally recognized tribe. 

AND NOW THEREFORE, BE IT RESOLVED, That the Saginaw Chippewa Indian 

Tribe hereby endorses the efforts of the Little Traverse 

Bay Bands of Odawa Indians to secure their rightful status 

as a federally recognized tribal government. 

BE I T FURTHER RESOLVED, That this Resolution shall remain in effect 

until rescinded or superceded by further action of the 

Tribal Council. 

Certification 

The foregoing Resolution was duly adopted by the 

Saginaw Chippewa Tribal Council with a quorum being 

present during a (Regular/Special) meeting on the 

-:;--H-1 day of '-1'! ' ''-"".j-· , 1992, by a vote of ,. I tor, 0 ? against, and <-::: abstaining. 

<~ !~~ .(~'/ ,. 4ft<~ ?_/ Rpnald Falcon, Tribal 
48 

THE SAULT STE. MARIE TRIBE OF 

CHI~PIWA I"DJARS 206 GREENOUGH STREET 

SAULT STE. MARIE. MICHIGAN 

49783 

(906) 635-6050 

TRIBAL 

RESOLUTION 3-24-92 

SUPPORT FEDERAL RECOGNITION 

WHEREAS, the Sault ste. Marie Tribe of Chippewa Indians is a federally recognized Indian Tribe organized under the Indian 

Reorganization Act of 1934, as amended; and 

WHEREAS, the Little Traverse Bay Band of Odawa Indians are the successors to the historical Odawa Band who inhabited the Manistee 

Reservation, and whose leaders were signatories to the Treaty of 

Washington in 1836 and the TrP~ty of Detroit in 1855; and 

WHEREAS, the Little Traverse Bay Band of Odawa Indians were never terminated by the u.s. Congress or by Executive Order of the 

President of the United States; and 

WHEREAS, the Little Traverse Bay Band of Odawa Indians have 

formally petitioned the u.s. Government for re-affirmation of their 

trust status as a federally-recognized tribe through the Branch of 

Acknowledgement and Research, Bureau of Indian Affairs; 

NOW, THEREFORE, 'BE IT RESOLVED, that the Board of Directors of 

the Sault Ste. Marie Tribe of Chippewa Indians hereby endorse the 

efforts of the Little Traverse Bay Band of Odawa Indians to secure their rightful status as a federally-recognized tribal government. 

C E R T I F I C A T I 0 N 

We the undersigned, as Chairman and Secretary of the Sault ste. M~rie Tribe of Chippewa Indians, hereby certify that tg~ Board of 

OJ.rectors is composed of 13 members, of whom \ ::> members 

constituting a quorum were present at a meeting the.reof duly 

called, noticed, convened and held on the d!L day of a \c, .,<.. .l'' 

1992; that the foregoing resolution was duly adopted at said 

meeting by an affirmative vote of JZ members for, and ( . members 

against, I abstaining; and thatsaid resolution has-not 

rescinded --or amended in any way. 

Bernard Bouschor, ·ChaJ.rman 

Sault Ste. Marie Tribe 

of Chippewa Indians 
49 

CONFEDERATED HISTORIC TRIBES, INC. 

2004 E. MICIIIGAN, SUITE C. LANSING, MICIIIGAN 18Yil (517) -~~~ 6000 FAX (517) 1HS-l77l 

JIESOLUT ION 91-0G 

loJIIEH!~AS, Lhc (;onfedf"'raLeJ Historic •rribeR, lnc. i;; n 

Mi c higan uonprofil corporation org nnize<..l by five nto.te-recoguizcd 

l,istoric tribes to promote Ll1e efforts of the respective membP r 

tribes to secure federal recognition and attain orgo.nizalionnl 

~~lf-r@l.inrtoc; ntld 

Wlll>nEAS, !.I.e l,ittlc Tt·nver"e Bny Bnntls of Otlowo Intl.ion" nnd 

c J,lttle Rivet· llnml of Ottown Im.linns are l>oth meml>ers of the 

C·:.n:fedcratcU. Historic Tribes, Inc. i and 

HIIEREAS, tlu• J,j Ll.l e TrnverHe llny Dnntls of Otlnwn Inc! innH nnd 

I. hE'! J..i tl]c Uiver Onrul of Otluwn Indians are <lescendo.nl,.s of ond 

lH.d.!tit;:ll S\ICCC~ Ol'R to l111~ ig nntories of lhe 18J6 1'renty of 

ld.nglon n1ad Lhc 1U5!i 'f:-P.nly of Detroit; nud 

'"IIEHE;\S, Lite l~itlle 'l'rnVI.H'Cf! ~y Onnds of Odawn Indian !.~ und 

I ire i,.itl.l~ n:;vt't.' llntuJ of Oltn1o~u Indinns WP.rc neve'L 1~nrrni a:.l ~. t~ .. l hy 

/'.t:~.~ of C 4.HU(re ss I !O J' i.Jy Executive OnJcr of Uat=-! Pr~sldent. of l.i1t'! 

U:dted Sf.nl.cs; 

•JoW, Tlflmi::FOI!I\ IJF. IT llESOI.Vt·:u. tchl\1. the llol\rd of lli teeter " 

c r t.l:e Con!"et.l'!rnled ltlsloric 1'l'H.H'!B, Tnc. hereby ,.ndorse l.h~ 

rr . .;...:l.s o:"' the t..illlc Trrn·ersc Dny Bnnds of Odn.wn Intl:tnns nwl 

Lh~ LiLt.lc River· llaud fJf Oltuwo. Iudinns t.o secure specinl 

l eg i<.;lation inLroOnced on their behalf in t.he U.S. Couli(ress for 

~he purpo!'c of reuffirming their trust stntus as federallyr ecognized Lt·ibnl t!overnments. 

1\L n rH<." ~LinL! dnl'l cnllf'!d on i-Jov::mher 1:1, 1f1Hl 1 the Ponrd c f 

JJjrect.ors nf t.ia c Confederot.~d llisloric 'fribc!l, Inc. "Oled lo 

dllf~'limously pn s l.his reHolut.i .~ with zero (tl) nbs tenLions. 
50 

Mr. RICHARDSON. Thank you, Mr. Chainnan. Shirley Oldman. 

STATEMENT OF HON. SHIRLEY.OLDMAN 

Ms. OLDMAN. Aannii, Shirley Naganashe Oldman Ndizhnikaaz. 

Nimkee Odawuk Ododem. My name is Shirley Naganashe Oldman 

and I belong to the Thunder Clan. 

Mr. Chairperson and Members of the Committee, greetings from 

W aukanaukazee, the Land of the Crooked Tree. I am the Treasurer 

for the Little Traverse Bay Bands of Odawa Indians and also the 

Vice President of our tribal museum. It is my honor to be here not 

only to represent myself and my family but my Odawa people. 

I come from a family who instilled in us the values and traditions of the Anishnabek, the Original People. 

Because of time constraints I will just summarize what I have 

written. Basically my testimony covers the fact that the Odawa 

tribe has always existed. We had traditions and cultures in practice 

long before the coming of the Europeans. Some of these traditions 

include the Ghost Suppers, Elders Councils and our annual Odawa 

homecoming pow-wow. 

In order to continue these cultures and traditions of the Odawa 

people we need the existence of a tribal land base. In treaty negotiations with the Federal Government the maintaining of a tribal 

land base was always the highest priority of our tribe. Today our land base has been lost largely. The reaffinnation of 

our government-to-government relationship with the United States 

will help us reestablish our land base and help us to perpetuate 

our way of life. 

I would like to thank you for letting me to express my concerns 

and the opportunity to urge you to pass this bill, H.R. 2376, for the 

betterment of my people. 

[Prepared statement of Ms. Oldman follows:] 
51 

Testimony of Shirley M. Oldman 

H.R. 2376 

September 17, 1993 

Presented to the House Natural Resources Committee 

subcommittee on Native American Affairs 

Aannii, Shirley Nagana she Oldman Ndizhnikaaz. Nimkee Odawuk 

Ododern. My name is Shirley Naganashe Oldman and I belong to the 

Thunder Clan. 

Mr. Chairperson and Members of the Committee, greetings from 

Waukanaukazee, the Land of the Crooked Tree. 

I am the Treasurer for the Little Traverse Bay Bands of Odawa 

Indians and the Vice President of our tribal museum. 

It is my honor to be here not only to represent myself and family 

but my Odawa people. 

I come from a family who instilled in us the values and traditions 

of the Anishnabek, the Original People. 

My mother's and father's names were Eva Keway Petoskey and Daniel 

Naganashe. They were considered traditional leaders in our community. They spoke our language fluently. They sang our traditional songs. They prayed the Anishnabe prayers. They taught us to be proud to be Odawa, especially during the time when being 

"Indian" was uncool. 

Today, I consider myself a Contemporary Traditionalist who is a strong believer in teaching our children the Odawa culture so that 

they grow and learn to be productive citizens in a global society. 

It is not easy but it can be done. I am living proof. I attended 

elementary school at Holy Childhood Indian Mission School located 

in Harbor Springs, Michigan. I attended the Institute of American 

Indian Arts in Santa Fe, New Mexico and graduated from Haskell 

Indian Junior College with a Associates of Arts Degree in Liberal 

Arts. 

I am very fortunate to have had elders for parents who were my 

teachers. The house where I live today with my husband and five 

children is the same dwelling I grew up in. This house is located 

in We-qua-do-Sing, an Odawa settlement commonly called Indian Town, 

by the people who live in the adjacent city of Harbor Springs, 

Michigan. This house, which is over fifty years old, is the same house where my aunts, uncles, grandparents and other relatives came to celebrate our traditions of the Odawa People. 

Every fall, we harvest corn. We roast the corn and dry it in the sun. After it is dried, we store it for future use. This is the 

way we preserve our food for many months. During our feasts, 

especially the Jibi-wisining or Ghost Suppers where we eat to honor our ancestors, we take the corn and boil it for many hours until 
52 

!(• 1 .. )l l T <:!I F.L L $ T a H T, rET;> H H, II I 49 7i 0 · 6 16 ·!41· 4110 F.\ X' ~I 6 • 14 A· I~ I Q 

the kernel gets soft again. Then we add our Wee-aus, Schoo- deesmin, and Pi-nik which is deer meat, beans and potatoes. This soup we call Dham-naa-boo. During the month of october we begin our preparation. The first task is to make wreaths from crepe paper. 

These wreaths are placed on the graves and we believe are worn as 

head pieces by our loved ones. When the day of the feast comes, a 

fire is built outside of the home and is kept burning until the sun goes down. Keshick, Sarna and wes-Gun, which is Cedar, Tobacco and 

Sage, are placed in the entrance of the sacred fire so that 

everyone coming can use them for their offering or prayer. All our relatives from near and far come home to help with the feast which 

is like a family reunion or holiday for the Anishnabek or Original 

People. 

In August we celebrate our Odawa Homecoming Pow Wow which is 

another social gathering for tribal members to return to their 

original homelands. This is a time to come together to dance and 

sing the songs we were taught. It is also a time to visit with the 

elders and meet old friends while making new ones. Today we still 

practice these traditions our ancestors did years before the coming 

of the Europeans. Thus far, we have remained as a tribe through 

our culture and unity. In order to continue these cultures and 

traditions of the Odawa People we need the existence of a tribal 

land base. In treaty negotiations with the federal government, the 

maintaining of a tribal land base was always the highest priority 

of our tribe. Today our land base has been largely lost. The 

reaffirmation of our government-to-government relationship with the 

United States will help us reestablish our land base and help us perpetuate our way of life. 

Thank you for letting me express my concerns and for the 

opportunity to urge you to pass this legislation, H.R. 2376, for 

the betterment of my people . 

sotest93. ffn 

Shirley M. Oldman 

Page 2 
53 

Mr. RICHARDSON. Thank you very much. 

Chairman Bailey. 

STATEMENT OF HON. DANIEL BAILEY 

Mr. BAILEY. Bozhoo, my name is Cabayonqaue, but I am also 

called Daniel Bailey. I am the great-great-great grandson of the 

Grand River Ottawa leaders Cobmoosa, Wabisis, and Francis Bailey who signed the treaties of 1836 and 1855. I am also the Chairman of the Little River Band of Ottawa Indians. 

I therefore come here today representing the people of my tribe. 

The Little River Band existed before the Americans came to Michigan and we have continued to as a community from this time to 

the present. 

My grandfather did not want to sign the 1836 Treaty of Washington, the document that took their homes. They were giXn a 

choice. They could move 200 miles north permanently to their winter hunting grounds on the Manistee River or they could mo e to 

Kansas. 

Then in 1855 my grandfather made another treaty with the 

United States. This treaty made it so my people didn't have to 

move to Kansas but could remain in Michigan permanently. This 

treaty also allotted our tribal lands but over the next 50 years most 

people lost their lands when the State of Michigan illegally taxed 

their property. 

There were also corrupt Indian agents, land speculators and lumber barons that conspired to defraud our people of their lands. 

Tribal leaders at that time wrote and asked for help fr~ the 

United States Government. My great grandfather, Henry ailey, 

was able to write in English and throughout his lifetime he rote 

letters to officials in Washington telling them of the difficul lives 

his people were experiencing. 

Throughout the 1880s and into the early 1900s he continu~d his 

campaign. When Henry could no longer write his son, my wandfather Cornelius Bailey, continued his work. 

During the great depression when all the rural people of/Michigan were suffering our people more than ever were living by hunting fishing and trapping on the Manistee River. 

The State suddenly decided it was illegal for us to do so ard each 

time one of our men was arrested and brought to the loca courts, 

my grandfather, Cornelius Bailey, exercised his rights as leader 

of an Indian tribe and went to court on behalf of his people. 

We brought a copy of the treaty between us and tJ United 

States which guarantees our rights to hunt, fish and tra without 

being arrested and by the actions of my grandfather mos charges 

resulted in the dropping of all charges. This is the boo that he 

carried into the courts with him that contained our treatie . The importance of this act is that my people know about their 

treaties and their treaty rights. 

In closing, I wish to point out that our tribe has nevelj been terminated by Congress. The Little River Band of Ottawa Inldians continues to act as a tribe from treaty time to the present. 

We are not asking Congress to acknowledge that we exist as a 

tribe. Congress has already done so in the treaties of 1836 and 
54 

1855. We are asking that our rightful government-to-government 

relationship with the United States be reaffirmed. Every year on Memorial Day, I take my mother around to the 

cemetery to visit the graves of my grandfather Cornelius and 

Henry Bailey. I think a lot about how they both worked so hard 

to have our treaty rights restored. 

Now I too am a grandfather. So I think about the great cross my 

tribe will bear if we are not successful at restoring our trust relationship with the United States. 

Mr. Chairman, we ask for your help in making this happen. Thank you. 

[Prepared statement of Mr. Bailey and attachments follow:] 
55 

TESTIMONY OF DANIEL BAILEY 

Chairman of the Little River Band of ottawa Indians 

on H.R. 2376 

BEFORE THE HOOSE NATURAL RESOURCES COMMITTEE 

SUBCOMMITTEE ON NATIVB AMERICAN AFFAIRS 

September 17, 1993 

Bozhoo, Cabayonqaue, n 1 de zhn cazit. I am also called Daniel 

Bailey. I am the Great-great-great Grandson of the Grand River 

ottawa leaders Cobmoosa, Wabisis, and Francis Bailey who signed the 

Treaty of Washington in 1836. I am also Chairman of the Little 

River Ottawa. 

The Little River Ottawa have sent me here today to help you 

understand who we are, and to give you a short history of our band. 

We are a distinct band of the Ottawa tribe; we existed before the 

Americans came to Michigan in 1812; and, we have continued as an autonomous community from that time to the present. 

I am the sixth generation of Little River Band people to deal 

with the United States government. When the Americans came to 

Michigan, my Great-great-great grandparents lived in prosperous 

villages along the Grand River. Their wives raised corn and 

vegetables, the men fished and trapped. In the winter time, people from our villages travelled north to the Little River at Manistee, 

trapping for furs that they traded to the French people who lived 

along side us and married into our families. During the 1820s and 

1830s, American farmers began making farms in our family territory. 

At first, the Americans claimed only the lands around Detroit, 

but by 1830, they had begun following the Grand River westward into 

the Ottawa villages. In 1835 the American politicians at Detroit 

wished to turn the ottawa homeland into a state. My ancestors on the Grand River refused to sell the land. For four months they refused to make a treaty. The Americans demanded that we send 

chiefs to Washington to make a treaty. My Great-great-greatgrandfathers refused to go and sent young men to talk with the 

Americans, boys who were not capable of making an agreement that 

the tribe would accept. Officials in Washington made the 1836 

treaty and sent it back to Michigan for the chiefs to sign. My Grandfathers were told that they had no choice but to sign this 

document that sold their Grand River lands and reserved only a small piece of their northern trapping grounds on the Manistee 

River. They were given a choice, they could move permanently to 

Manistee, or they could move to Kansas. 

Cobmoosa and Wabisis signed the 1836 Treaty of washington, but 

refused to leave their homes on the Grand River for many years. The United states vacillated in their policies, telling my tribe 

that they could stay in their towns so long as they behaved like 

American farmers, that they could move to their northern 

reservation, or that· they could leave the state altogether. My 

Grandfathers refused to move to Kansas or the marshes of the 
56 

Manistee River. 

In 1855 my Grandfathers made another treaty with the United 

States that ended the danger of their removal to Kansas and made 

provisions for their permanent residence in Michigan. The 

Americans demanded even the last of their gardens and told them 

that they had to move to northern reserves. Faced with constant 

harassment from Americans and cultural disintegration caused by 

alcoholism, my Grandfathers decided to move their people away from 

the settlers who made their lives miserable. They kept their right 

to hunt, trap, gather, and fish on their former lands and they made 

reservations, once again, in their northern winter trapping 

grounds--land that they believed the Americans would not take from 

them. 

My grandparents loaded their families into canoes and 

travelled to the mouth of the Grand River in 1859. There they were loaded onto steamboats and carried to the mouth of the Pentwater 

River. From there, they travelled inland to make new settlements. 

They found that Americans had already made claims to the reserve lands. Timber speculators had already begun cutting the virgin 

white pine timber. My grandparents and their children tried to 

make farms on their new reservation in keeping with the American 

demand that they become "civilized." They were not allowed to make new homes in peace. Land speculators, timber speculators, 

settlers, or even corrupt government officials who wished to get 

rich making lumber to build Chicago and other cities. Between 1860 

and 1875 they managed through any means possible to take title to our reservation lands. 

The next generation of leaders, my Great-great grandfathers, 

provided for their families by moving between the summer gardens 

and winter villages as we had done for centuries. But, these 

gardens were not on their reservations. When speculators had taken 

the best reserv-ation lands, my band selected small homesteads where 

they and their families raised gardens in the spring and summer. In the winter, they continued to travel to their Manistee River 

trapping territories and relied on their treaty protected right to 

hunt, trap, fish, and gather. From their coltlltlunity bases at Hamlin 

Lake and Indian Village, the men conducted communal hunts and 

divided the food and cash they made. 

Some men moved out of the village, leaving their wives and 

children behind to work in lumber camps for cash. The Hamlin Lake 

settlement was known by local Americans as "Indian Pete's Bayou," 

named after my Great Grandfather Peter Espiew, (Assinibo, Racoon), 

who hired his own people to bring logs from the woods. As more and more Americans planted orchards around us, we picked fruit in the summer and fall and were the migrant farm workers of western 

Michigan--the lowest class of American in Michigan. 

Testimony of Daniel Bailey, Chairman of Little River Band of Ottawa 

- 2 -
57 

The Little River Ottawa were a small, migratory band. They 

owned only small parcels of land. Few had any education. The 

local people did not think of the Little River Band as a tribe with 

any authority or rights other than the right to do manual labor. 

The state chose to ignore any claims they had to property, and the 

federal government, time after time, refused to honor their trust 

relationship. 

My Great-grandfather Henry Bailey wrote in English. 

Throughout his lifetime, he wrote letters to officials in 

Washington telling them of the difficult lives our people lead 

because of land frauds, and reminding them of money and services 

they owed to our band. Throughout the 1880s and into the early 

19teens he continued his campaign. When Henry could no longer 

write, his son and my grandfather Cornelius Bailey continued the 

work. 

During the Great Depression of the 1920s, when all of the 

rural peoples of Michigan suffered privation, the state, for the 

first time in our band's history, forbid us to hunt, trap, and fish on the Manistee. Each time one of our men was arrested and brought 

to the local courts, my grandfather exercised his rights as a leader of an Indian tribe. Cornelius Bailey went to the courtroom on the behalf of his people. He brought our band's copy of the 

treaty of 1836 which shows that our people reserved the right to 

hunt, trap, and fish. This is the book that my Grandfather brought 

with him. The markers you see in these pages were placed in this 

book by my grandfather. He pointed to the very clause reserving 

this right to judge after judge, just as I am doing now. Some 

judges ruled that our band members did indeed have these rights, 

and other judges did not. The importance of this act is that my 

people know about their treaties. we continue to exercise our rights and act as a tribe, even when the federal government 

abandoned their responsibilities to us. 

Our band asked Commissioner of Indian Affairs John Collier in 

the 1934 to reestablish our relationship with the United States 

government under the Indian Reorganization Act. He visited our people and told us that we were eligible to become a federally 

"recognized" tribe. For six years we tried to vote on forming a constitutional government. Bureau of Indian Affairs officials 

first told us that we could vote to form a constitutional 

government. Then, they said that we had to have land in trust 

before we could vote. Next they said that we could not place land 

in trust until we voted. Finally, they said that the federal 

government could not afford to let us form this government. My Grandfather was a band leader through this time. 

World War II interrupted my tribe 1 s efforts to reorganize 

under the Indian Reorganization Act. Almost all of the able bodied 

Testimony of Daniel Bailey, Chairman of Little River Band of Ottawa 

- 3 -
58 

men in our settlement, even those forty-five years old and older, 

left the settlement. Women, children, and old people stayed behind 

to take care of themselves. In Washington, the resources and 

attention of federal officials focused on the war effort. The 

Little River Ottawa were given a low priority. When the soldiers 

returned, the federal government forgot about its committment to 

help us reorganize. 

The Little River Ottawa, however, did not stop governing 

ourselves or end our efforts to reestablish a federal trust. our band joined a newly formed, locally elected, statewide association 

of bands who were parties to the 1836 and 1855 treaties. My 

Grandfather was one of the charter members of Unit Seven of the 

Northern Michigan Ottawa Association. Through this organization my 

band filed an Indian Claims commission suit for compensation for 

under valuation of our tribal lands in 1836. Little River, along 

with the other Grand River ottawa bands, won their claim. our 

members received per capita payment of this claim in 1976. My 

Grandfather died in 1972, at age 75, and did not receive payment, 

but my mother did, and I did. 

My tribe was not subsumed by the Northern Michigan Ottawa 

Association. The Northern Michigan Ottawa association helped us form alliances with other Michigan bands and helped us maintain our political influence throughout Hichigan. The strength of 

relationships that formed at this time is demonstrated by the 

friendship between my tribe and the Little Traverse people who are with us here today. The Little River Band has always acted as a 

tribe, and were treated as such by local, state, and federal 

officials. 

The Little River Band of ottawa, along with other NMOA members 

used the association to combine their influence and pursue issues 

that had proven difficult for the individual groups to win alone. 

For example, the bands who made up the Northern Michigan Ottawa 

Association petitioned the United States for reestablishment of 

government-to-government relations with the United States under the 

Indian Reorganization Act in 1975. Bureau of Indian Affairs 

Officials were, at the time, considering the problem of 

acknowledging dozens of other tribes like ours. Over the next 

three years, the Federal Acknowledgment Process was formed. 

Our band was informed by the Bureau of Indian Affairs that if 

we wished to restore our relationship with the United States, we would have to go through the Federal Acknowledgment Process. We 

have always believed and acted as though we were are a "recognized" 

tribe. We have treaties; we have maintained continual relations 

with the federal government through the efforts of my grandparents 

and other leaders; and, we have continued to act as a community 

from the times of those treaties to the present. Bureau of Indian 

Testimony of Daniel Bailey, Chairman of Little River Band of Ottawa 

- 4 -
59 

Affairs officials knew this well before the FAP was created. We see this process as yet another unnecessary and unreasonable hurdle 

placed between us and our treaty-bas.ed rights. We have filed a petition with the Bureau of Indian Affairs, Branch of 

Acknowledgment and Research at the advice of our local 

Congressional delegates. Still, we believe that Congress is the 

proper branch of government to address our case. 

In closing, I wish to point out that our tribe has never been 

formally terminated by Congress. The Little River Band of Ottawa 

Indians has continued to act as a tribe from treaty times to the 

present. We are a kin-based community who make decisions about our common issues by the consensus of our members. For more than a century our members have worked to protect our treaty-based rights. 

We have passed the knowledge of who we are and the record of our rights from generation to generation from before the Americans came to our land to this day. Although we have done so, the federal 

government chose to ignore its treaty mandated relationship with 

us--and tried to implement its own form of defacto termination. I am here today as the Chairman of the Little River Band to tell you 

that they have failed. We have reminded the federal government of 

its responsibilities through Congress, the courts, and through the 

Bureau of Indian Affairs, and we have no plans to stop. 

The Little River Band is now asking congress now to end the 

defacto termination of our tribal right. We are not asking the 

Congress to acknowledge that we exist as a tribe. Congress has 

already done so in the Treaty of 1836 and the Treaty of 1855. We are asking that we be restored to our rightful government-togovernment relationship with the United States. The United States 

will now deal only with tribes who are "recognized." 

I am now a grandfather. I think about the great cost my tribe 

will bear if we are not successful at restoring our goverment-togovernment relationship with the united States. My tribe does not 

have the means to maintain tribal economic programs that will allow 

my children and grandchildren to remain in our community. We no longer own any common property that we can use to house our people or generate income. We lac.k basic health and human services that 

would help us overcome social problems that rob us of our human 

potential. I want my children and grandchildren to be proud that 

they are ottawa Indians .and to exercise the rights that my grandparents have worked so hard to preserve. We have overcome these problems as our ancestors did--using our own initiative 

working together with the federal government as a tribe. If we do 

not do so now in this generation, our band will continue to exist as a second class tribe. This cost is too high for us to bear. We 

ask for your help in affording the Little River Band of Ottawa 

Indians the legal right that we deserve. donbtn.93 

Testimony of Daniel Bailey, Chairman of Little River BaneS of Ottawa 

- 5 -
60 

KlCKICAN LEGISLATURE 

. . -- J1 . -... --- r - - :f,--------_____1 ' t - \ ____ * __ HOUSE RESOLUTION NO. 987 

Offer-ed by Rcpreaentative Babler, fit&aerald, Allan, Hlckner, Baade, Perry 

Bullard, Joe Youna, Jr., Yokic:h, Carna•t, Atlthoay, !ankaa, Barna, lender, 

Bennett , Bodell, Byrw, Clack, Dalaan, DaHau, Dobb, Dolan , Draach, Cil.JIIer, Gire, 

Co aa , Cubov, Marder, Yoffaan, Hood, Ja•tan, Kni&ht, ltoatava. Leland, London, 

Hclryd.a, H1ddhton 0 Hunaell , lrfted autadt, lfya, Palaaau, Pttonialr., Porreca, 

Profit, Saund.ara , Scott, Varaa, Wallace and Waalr.a 

A RESOLUTION TO ENDOiSE EFFORTS OF TKE Ll'I'TU 11 VU lAND Of OTTAWA IN ClANS TO 

OITAlN FEDERAL UAI'PlRMATION AS A HlCYlCAM HlSTOiliC INDIAH Tl.lil!. 

WKEREAS, The Little River J.and of Ottava tndbna llvin& l n the vicinity of 

the L.altc HJchlaan ahoullne •nd tha Kanhtaa region h directly datcended fr011 

~ulve Aaericana who have popuhted thh part of the Crut Lakea region atnce 

before the ti111e of European aettl•ent . The Litrle River bnd, which includea 

lndividu.al fam lliea t~t can directly trac:e and docUIIent c:ontinuou1 ~bitation 

for u many a1 lix aen eratio~ , ha1 1 proud hiatory of interaction not only with 

uerlcal\ govern.eatal authoritial, but official• fro. the lrit.hh and Freac:h 

era• : and 

WEREAS , The Little River land haa hiatorically occupied a vlllal(e at tha 

oaou th of the KAonhtee liver. Thla aroup participated la traatlea along with 

o ther banda of the: Ottawa people.., 11\aaa include tvo of the aoat aianlficant 

truttu In Hlchigan hlatory, tha 1836 Treaty of Waahtnaton and the l$5S Treaty 

of Durolt . Since tn.t ttae , no ac.tlon tula ever ba'en taken to tentJn•t• the 

uuua or reh.tlonahlp of the Lltth liver bDd by either the Uatud Staua 

Co ngre1a or th• Prcaident of the United Statel; and 

lo'ta:REAS, Since 1991, the Litth Uvar bnd of Ottawa Indian• haa been 

worktna to naflh-. iu hhtorical natua to n&aio fo ... ally aa.ethlog that ha• 

never bee n loet. The Little River land of Ottawa lndlaot h 1eektng 1t1 federal 

acltno ~o~ledgaent throuah varioua avenuea. Theae include the consideration of a 

IIIU aure currently before Conan .. cu.& . 39S8) snd petition& throuah ~h• Bureau 

of I ndian Afflira of the United State• Dapal'taent of the lnte'l'ior. The cdteria 

tn place for Che reafflr.atlon proceu leavea little doubt 411 to the Littl.e 

River Llnd of Ottsva Indiana' quallficetlonl •• e federally reco&nlud crlbe ; 

nov , therefore, b. It 

RESOLVED IIY TK£ HOUSE OF U:PlEstNTATIV£5, That the aettbera of the Hichl&an 

Hou se of J.epreaentattvea ~reby cndorae efforte of Cht Little liver !and of 

tt.a~o~a Indt,ana to ob t ,ain feiJual reaffl ... atioa; ,and be it furthu· 

llSOLVED, That coph• of thia ruolutlon be tran1111tted to the President of 

the United State• Senate, the Speaker of the United Statea Houae of 

Repre sentatives, the •eebe~ of the Hlchi&an conare .. ioaal dcleaatioa, offlclale 

of the Bureau of Indian Afhha of the Ual.ted Ststee Dapa rt•ent of 

hterlor, end npreeeatu1 • of tM lo1ttle ltver Band of Otuva [ndlant . 

Adopted by tht Houae of lep uentatlvu, June 30, 1992 
S!a!e o! Michigan 

Departmen! 

of Civil Rights 

John Engler 

Governor 

John· Roy Castillo 

Director 

61 

Commission on Indian Affairs 

1992-001 

611 W. Ottawa, North Tower. 3rd Float 

Lansing, Michigan 48913 

Tel. No. (517) 373·0654 

Fax No. (517) 335·1642 

IN RECOGNITION OF 

TilE LITTLE RIVER BAND OF OTTAWA INDIANS 

(AKA TilE MANISTEE RIVER BAND OF OTTAWA INDIANS) 

WHEREAS, the Little River Band of Ottawa Indians (LRB) preexists the 

formation of the United States of America; and 

WHEREAS, the LRB has been identified as American Indian from historical 

times w1til the present; and 

WHEREAS, the LRB inhabits a specific area in Manistee and Mason Counties 

of Michigan's lower peninsula and its members are descendants of a tribe that 

inhabited that same area; and 

WHEREAS, the membership of LRB is composed of ·persons who are not members 

of any other North American Indian tribe; and 

WHEREAS, the Michigan Commission on Indian Affairs is vested with the 

authority to recognize Indian tribes on behalf of the State of Michigan; 

TIIEREFORE BE IT RESOLVED, that the State of Michigan recognizes the Little 

River Band of Ottawa Indians (aka Manistee River Band of Ottawa) as a historic 

Indian tribe that continues to exist as a tribal entity. 

THESEFORF. BF. TT FURTHER RESOLVED, that the State of Michigan fully 

supports the efforts of the Little River Band of Ottawa Indians to reaffirm 

their status as a federally recognized tribal government. 

This .resolution was considered and passed unanimously at a meeting of the 

Miclrigan Commi~ion on Indian Affairs in Warren, Michigan on January 24, 1992. 

/{.._:~~-~~ 1- :2~-19901. ~~sion Chairperson 

84-978 - 95 - 3 
62 

Tt]e ~inaw ChippeWa lr1dan Tribe 

Of Mict]i~an 

7070 EAST BROADWAY MT. PLEASANT. MICHIGAN 48858 1517) 772-5700 

FAX (517} 772-3506 

Resolution 92-017 

WHEREAS : The Saginaw Chippewa Indian Tribe of Michigan is a F~derally 

recognized Indian Tribe organized und~r a Constitution and 

Hy-LaW"s ratified by the Tribe on November 4, 1986, pursuant 

to P.L. 99-346i and 

WHEREAS; The JSaginaw Chippewa Indian Tribe was solicited to support the 

Little River Band of Ottawa Indians in their efforts to secure 

federal recognization; and 

WHEREAS: The Saginaw Chippewa Indian Tribe was provided an historical 

justification by a representative of the Little River Band of 

Ottawa Indians at a regular Tribal Counci 1 meeting held on 

January 7 1 1992; and 

WHEREAS : The Little River Band of Ottawa Indians are the descendents of 

and the political successors to the historical Manistee Ottawa 

Band, and whose leaders were signatories to the Treaty of 

Washington in 1836 and the Treaty of Detroit in 1855; and 

WHEREAS : The Little River Band of Ottawa Indians were never terntinated 

by the U. S . Congress or by Executive Order of the President of 

the United States; and · 

WHEREAS: The Little River Band of Ottawa Indians hav~ formally petitioned 

the U.S . Government for re-affirmation of their trust status as 

a federally-recognized tribe through the branch of Acknowledgement 

and Research, Bureau of Indian Affairs; 

AND NOW THEREFORE, BE IT RESOLVED, That the Saginaw Chippewa Indian Tribe 

hereby endorses the efforts of the Little River Band of Ottawa 

Indians to secure their rightful status as a federally-recognized 

tribal gov~rnment . 

BE IT FURTHER RESOLVED, That this Resolution shall remain in effect until 

rescinded or superceded by further action of the Tribal Council. 

CERTIFICATION 

The foregoing Resolution was duly adopted by the Saginaw 

Chippewa Tribal Council with a quorum. being present during 

a Regular meeting on the -.l.!.!!_day of .January, 1992 1 by a vote 

of _jLJ. _ _for, _Q_against, and __Q_abstaining. 

ribal Secretary 
63 

THE SAULT STE. MARIE TRIBE OF 

((H~,,IW A ~~~~A~S 206 GREENOUGH STREET 

SAULT STE. MARIE, MICHIGAN 

49783 

(906) 635.0050 

TRIBAL 

RESOLUTION 10-0l-91C 

SUPPORT FEDERAL RECOGNITION 

WHEREAS, the Sault Ste. Marie Tribe of Chippewa Indians is a federally recognized tribe organized under the Indian 

Reorganization Act of 1934, as amended; and 

WHEREAS, the Little River Band of Ottawa Indians are the successors to the historical Ottawa Band who inhabited the 

Manistee Reservation, and whose leaders were signatories to the 

Treaty of Washington in 1836 and the Treaty of Detroit in 18 55; 

and 

WHEREAS, the Little River Ba nd of Ottawa Indians were never termina ted by the U.S. Congress or by Executive Order of the 

President of the United States; and 

WHEREAS, the Little River Band of Ottawa Indians have formally petitioned the U.S. Government for re-affirmation of 

their trust status as a federally-re cognized tribe through the 

Branch of Acknowledgement and .Research, Bureau of Indian Affa i rs ; 

NOW , THEREFORE, BE IT RESOLVED, that the Boa rd of Directors of the sault Ste. Marie Tribe Chippewa Indians hereby endorse the 

efforts of the Little River Band of Ottawa Indians to secure their rightful s tatus a s a fedaral ly-recognized tribal 

government. 

...r 
TRIBAL RESOLUTION 10-01-91C 

SUPPORT FEDERAL RECOGNITION 

Page 2 

64 

C E R T I F I C A T I 0 N 

We the undersigned, as Chairman and Secretary of the Sault Ste. 

Marie Tribe of Chippewa Indians, hereby certify that the Board of 

Directors is composed of 13 members, of whom ~ members 

constitutin9 a quorum were present at a meeting the~of\rd\:ly 

called, not1ced, convened and held on the _j___ day of _.c:;e.r 

1991! that the .fore9oing resolut~o; was duly adopted at ~~ld 

meet1ng by an aff1rmat1ve vote of ~ members for, and lJ 

against, - I abstaining;. and that sa1d resolution has not been 

•••cindedOF-.oc,ded in any way. ~ 

tavv<ed M ~ ~ /L ___ ,_QBernard Bouschor, Chairman 

sault Ste. Marie Tribe 

of Chippewa Indians 

Barbara Pine, Secretary 

Sault Ste. Marie Tribe 

of Chippewa Indians 
65 

RESOLUTXON 

Resolution No: 92-2-28a 

WHEREAS: The Bay Mills Indian Community is a duly recognized 

Indian Reservation under the Indian Reorganization 

Act of June 18, 1934, "48 Stat. 984", as amended by 

the Act of June 15, 1935, "49 Stat. 378", and 

WHEREAS: The Little River Band of Ottawa Indians are the successors to the historical Ottawa Band who 

inhabited the Manistee Reservation, and whose 

leaders were signatories to the Treaty of Washington 

in 1836 and the Treaty of Detroit in 1855, and 

WHEREAS: The Little River Band of Ottawa Indians were never 

terminated by the U.S. Congress or by Executive 

Order of the President of the United States, and 

WHEREAS: The Little River Band of Ottawa Indians have 

formally petitioned the u.s. Government for re- affirmation of their trust status as a federallyrecognized tribe through the Branch of Acknowledgement and Research, Bureau of Indian Affairs. 

NOW, THEREFORE BE XT RESOLVED, that the Bay Mills Indian Community 

hereby ·endorses the efforts of the Little River 

Band of Ottawa Indians to secure their rightful 

status as a federally recognized tribal government. 

CERTXFICATION 

We, the undersigned, as Chairman and Secretary of the Bay 

Mills Indian Community Executive Council, do hereby certify that 

the above resolution was adopted and approved at a meeting of the 

Bay .f1ills Executive Council held at Bay Miys, Michigan on the ~day of February, 1992, with a vote of for __Q_opposed 

__LL__absent and __[___abstaining. As per proVisions of the Bay 

Mills Constitution, the Tribal Chairman must abstain except in the 

event of a e./) . .// ~ ~ '' J . 

=~":fF.t~'t--':;AY~-=-%~J'-i-:-,-__:o.---(__ X.< .L I h . J,!,Av..:\tiW\ JUe A. 'i'i~er, Secretary ·· Bay Hills Indian Community 

Executive Council 
66 

lac 

P.

V1eux 

O. IX>x 

Deaert 

446 ·Choate 

Band of 

Qoad 

lake &penor Ch1ppewa lndiall6 ~ 

Watersmeet. Mich111an 49%9 

Resolution # 91-043 

the Lac Vieux Desert Band of Lake Superior 

Chippewa Indians i.s a federally recognized Tr'ibe, 

and 

~1ER~AS : · the Little River Band of Ottawa Indians are the 

descendents of the political successors to the 

historical Manistee Ottawa Band, and whose leaders were signatories to the Treaty of Washington in 

1836 and the Treaty of Detroit in 1855, and 

~EREAS : the Little River Band of Ottawa Indians were never terminated by the U.S. Congress or by Executive 

Order of the President of the United States, and 

~EREAS : the Little River Band of Ottawa Indians have 

formally petitioned the U.S. Government for re- affirmation of their trust status as a federallyrecognized Tribe through the Branch of 

Acknowledgment and Research, Bureau of Indian 

Affairs, and 

~(;REAS : the Lac Vieux Desert Band of ·Lake Superior 

Chippewa supports the efforts of the Little River 

Band of o'ttawa Indians in obtaining federal 

recognition as a Tribal government, and 

THEREFORE BE IT RESOLVED: that the Lac Vieux Desert Band of 

Lake Superior Chippewa Indians ·hereby endorse the efforts of 

the Little River Band of Ottawa Indians to secure their 

rightful status as a federally-recognized tribal government. 

CERTIFICATION 

We do hereby certify that this r»solution was duly presented and voted upon with a vote of _J( in favor, and ~ opposed, 

and -LL_ abstaining at a Special Meeting of the Lac Vieux 

Desert Tribal Council, held on this 12th day of November, 

1991. 

John C. McGeshick, Tribal Chairman 

~a-~ li~. MartinO<>Uf\Cil secretary 

906-358-4577 Phone 

906-358-4785 fax. 
67 

Ma!Jtee 

~ 

County Board of Commissioners Mani~Tc~· Cnumy Cuunho u'c • ~15 Third Stri.'CI • M<.~ni ICC , Mi~. hi~4.n 496(111 

CHAIRMAN 

Carl Ruuke 

VICE CHAIRMAN 

DorrJohnson 

CLERK 

Dorlene Schudlich 

(616)723-3331 

ADMINISTRATOR 

Thomu Kamimki 

{616}12l-4S7S 

A RESOLUTION IN SUPPORT OF 

. THE LITTLE RIVER BAND OF OTTAWA INDIANS 

Donald Gran1 

Roy Howes 

CarJMezeske 

Henry Slawinski 

Ford WaTerman 

Sharkne Wild 

Rick Willoupby 

WHEREAS, The Little River Band of Ottawa Indians are the 

descendants of and the political successors to the historical 

Manistee Ottawa Band, and whose leaders were signatories to the 

Treaty of Washington in 1BJ6 and the Treaty of Detroit in 1855; 

and 

WHEREAS, The Little River Band of Ottawa Indians were never 

terminated by the U.S. Congress or by Executive Order of the 

President of the United States; and 

WHEREAS, The Little River Band of Ottawa Indians have formally 

petitioned the U.S. Government for re-affirmation of -their trust 

status as a federally-recognized tribe; 

NOW, THEREFORE BE IT RESOLVED, that the Manistee County Board of 

Commissioners hereby endorse the efforts of the Little River Band 

of Ottawa Indians to secure their rightful status as a federallyrecognized tribal government~ 

THE RESOLUTION WAS ADOPTED. 

STATE OF MICHIGAN 

COUNTY OF MANISTEE 

ss. 

carl R~ske, Chairman 

Manistee County Board of 

Commissioners 

I, Darlene Schudlich, County Clerk, do hereby certify that the 

foregoing is a true copy of a Resolution adopted by the Manistee 

County Board of#-ommissioners at a regular session held on the L!.,(~ day of 4,.,,('J.Iz/ , 1992. 

Darlene Schudlich, County Clerk 
68 

CONFEDERATED HISTORIC TRIBES, INC. 

2004 J;. MICHIGAN, SUITE C. LANSING, MICHIGAN <189I2 (517) 165-6000 FAX (5I7) 165-2772 

RESOLUTION 91-CS 

:.IHEREAS, the Confederated Historic Tribes, Inc. is a 

Hlchi::tc.n non;.rcfit. corporation organized by five state-recOgnize•~ 

hietorh"'. t..~i bes ton promote the efforts of the respective member 

~-. ll.:~:; <-'-"' :;..:.•'-.U..L~: f~Cf~l.rtl f.'"O£; · :-:..•!{Hl':.iOO dr:d atlai::t O.l't{tll£i z atiOi!iil 

selt-ruliance; anJ 

~.;:riEilE:t.S. !.it<• LJ f.tle ·rro.Yerse Bay ·eands of Odawa Ind.ia.ns and 

thE# Little iliv~~. l~t.nd of Ottawa I::diantS are both. :aret~~bers of the 

Confetiers.ted ifisi:ca"'ic Tribes, IJ1c.; aud 

\~HERE.l.S. •.h«."' Little Traver.ae Bay. Bands of Odawa. Indians and 

t.h.:o ,i'f:.t~c River !J<·•nd ,.;--Ottawa tndian:e: are descondar.ts of and 

;'Jr;li t h:ul. 5!.1C(;~-o;iH rs ,~::. t.h.c- sign8 te.ri~s of the 183fl. Tre!\t·y of 

~ .. ;. ~! li! ;_(tnn .s.nd ·the 1ti5tl T':"':; £\.t y cf Det 1:o.it.; and 

~HF.P.S,'\5. the Little 'r're.~lers~ B:sy Ba.PJ.ds of Odawa Indians and 

!.he L.~ ttlt:: ~t.iver R,c;. rn.i of O~ta~IJ. IwJift.ns were neve1· tr.rminat.ed by 

~V:"'·~ of Cau~re"'is rlul· l>!' Exet.:u~ive O::·c!er o! ti:e Prea.i.der..t cf !..!'::.~ 

Un ! tf;!rl S\:at e~: 

N~:.;, 7EEREFORE BE IT RESCL\'ED, thnt, the Board of Directors 

of Liu.~ Cc~feclerat6d Historie. Tribes, JliC. hereby endorse the 

~rr..,t t~ c)r th~ t . .l\.t.lo:- Traver-.-:c~-e Bay BawJe ~f Odawa Indians end 

~he Ll:.t.lc ~h. ··.:el~ Dl,nd of Ottr...wa Ir.,.liAn;; tc. ilecure spec: i !'.J 

l~g .J.Iio}u.tion illtroc.JucmJ on their behalf in the ti.S. Congress lor 

t.iJe F·Ul'"poGe of re8ffirnling theil' trust status as fede.~ ally­

~~~o~~~z~,J l~ ~b~! ~ovcrn~eats . 

. !...:·. H :~·P.~:. i r;ti .. ~o! y utd.led .-:;n ·Novcm.h::o.:.• l~i. 19Hl, the Board of 

t•!..:"~::::t.cr3 nf the CcrafP.de.rnted Uia.tC"rlc ,'ribes, Inc. vot.e•.5 t.c 

o;.li&ii.!lii:<J\i~l!: ~) ,ss. thb~ resolution ~ith zero (0) c.hstentiona. 

_ _ij - ;1.1. - ....:.'~/ ___ , 

Ilate 
69 

TESTIMONY OF KATHERINE SAM GLOCHESKI 

Before the 

HOUSE NATURAL RESOURCES COMMITTEE 

NATIVE AMERICAN AFFAIRS SUBCOMMITTEE 

on 

H.R. 2376 

September 17, 1993 

My name is Katherine Sam Glocheski of the little River Band of Ottawa Indians of Manistee, 

Michigan. I was born on December 21, 1926, in a one-room log house that my Great-greatgrandfather built at Indian Village on the Manistee River. Indian Village is located about ten miles 

from the town of Manistee, in the middle of what is now the Manistee National Forest. 

I am the great-great-granddaughter of Chief Sam Paquodush who was forced to move his 

band from Fort Village on the Grand River according to the 1855 Treaty of Detroit. They had to 

travel about 200 miles north by barge and steamboat to an unknown reservation created near 

Manistee. 

My Great-grandfather, William Sam, was a young man when our band left the Grand River. 

In the 1870s through the early 1900s, he was a leader who represented our band in dealings with 

United States officials. 

When I was a girl, my Great-grandfather was very old. He spent hours telling me and my 

cousins the stories of our history. My Grandmother Maggie Sam was the community mid-wife for 

Indian women and white women who lived around Indian Village until the 1940's. 

In the 1930s, while I was a child, our community suffered from the Great Depression. Uke 

everyone around us, we simply had no money. Those of us who owned farms lost them and were 

forced to move into the cramped houses of Indian Village. So long as we were able to hunt, fish, 

and trap, we could survive. 

The white people who owned businesses in our area would not hire Indians. Some of the 

local farmers would hire our men as laborers. During the harvest season our families, young and 

old alike, would travel along the Lake Michigan coastline picking fruit and vegetables. We did this 

to earn enough money for clothing and other necessities for the winter months. We were the 

original migrant workers. 

In 1934 my band requested the opportunity to reform our tnbal government under the 

Indian Reorganization Act. Federal officials met with my Grandfather and other tnbal leaders at 

Manistee in 1935. They told us that we were a tnbe and therefore had the right to reorganize our 

tnbal government. My elders wrote officials and went to Washington, but in the end, the federal 

government decided that it could not afford the money to honor their treaty obligations with my 

tribe. 
Testimony or Katherine Sam Glocheski 

September 17, 1993 

70 

Page 2 

During World War II, the federal government had other concerns. So did my tribe. All of the 

men under forty-five years of age enlisted in the United States military. They served with 

distinction, and many of our great Americans died. One of our community members, Frank Saugee, 

served on the front lines in France and Germany during Word War II. One of his assignments 

involved communicating important messages in our Ottawa language to another Ottawa soldier. 

This was done because our language was too complex for the Germans to decode. Most of the 

men and some of the women from our community have served in every major war since the Civil 

War. 

After the war, the men found they had to move to nearby cities like Muskegon, Grand 

Haven, and Grand Rapids in order to find a job and support their families. Some worked in the 

cities part of the year, and came home for winter hunts. Others moved their families to the cities 

and came home for special occasions. This does not mean that our tribe fell apart. The leaders 

of my band continued working for our best interests. The men continued to be arrested for hunting 

and fishing, going to court, and demanding release under our treaty. 

Following in the footsteps of my grandfathers, I and the others of my generation have worked 

much of our lives for the welfare of our people. Between 1948 and 1980 I represented our tribe 

with the Northern Michigan Ottawa Association, a coalition of Michigan Ottawa and Chippewa 

bands who came together to file a claim before the Indian Claims Commission, a claim that we also 

won. I was elected to serve on the NMOA board and helped certify our community members who 

qualified for the Docket 40-K distribution. We also organized fund raisers, did public speaking, and 

testified before several government committees. 

In 1983 our community formed a nonprofit organization to raise funds to continue our efforts 

with the federal government. I was elected Chairperson on the original board of directors. I have 

also worked as the Enrollment Officer, preparing our membership roll. 

The Little River Band of Ottawa Indians is my tribe and my family. Although we have been 

known by several names throughout history, we are the same people who were forced out of our 

Grand River homes by American settlers. We were also cheated out of our land by lumber 

companies and corrupt local politicians. We were ignored by federal officials whenever we brought 

our rightful treaty claims to them. We have never stopped pursuing our rights, no matter how poor 

we were, how badly we were discriminated against, or how unjustly we were treated in the courts. 

Our experiences and our willingness to fight for our rights have brought us here again today. 

I am the fourth generation descended from Chief Paquodush to work on restoring our rights 

promised in the 1855 Treaty. I am here now so that my grandchildren and all of my relatives might 

have a better life. 

And finally, if our people had stricter immigration laws 500 years ago, we wouldn't be here 

now, and neither would you. Me-gwetch. 
71 

Mr. RICHARDSON. Thank you, Mr. Bailey. 

Mrs. Glocheski. 

STATEMENT OF KATHERINE GLOCHESKI 

Ms. GLOCHESKI. Hello. My name is Katherine Glocheski of the 

Little River Band of Ottawa Indians of Manistee, Michigan. I was 

born on December 21, 1926, in a one-room log house that my greatgreat-grandfather built at the Indian Village on the Manistee 

River. Indian Village is located about ten miles from the town of 

Manistee, in the middle of what is now the Manistee National Forest. 

I am the great-great-granddaughter of Chief Sam Paquodush 

who was forced to move his band from Fort Village on the Grand 

River according to the 1855 Treaty of Detroit. They had to travel 

about 200 miles north by barge and steamboat to an unknown reservation created near Manistee. 

My great-grandfather, William Sam, was a young man when our 

band left the Grand River. In the 1870s through the early 1900s, 

he was the leader who represented our band in dealings with United States officials. 

When I was a young girl, my great-grandfather was very old. He 

spent hours telling me and my cousins the stories of our history. 

My grandmother Maggie Sam was the community mid-wife. She 

delivered children for the white women as well as the Indian 

women. 

In the 1930s, while I was a child, our community suffered from 

the Great Depression. Like everyone around us, we simply had no 

money. Those of us who owned farms lost them and were forced to 

move into the cramped houses of Indian Village. So long as we 

were able to hunt, fish, and trap, we could survive. 

The white people who owned businesses in our area would not 

hire Indians. Some of the local farmers would hire our men as 

labor. In that way we earned enough to get the clothing and food 

we needed for winter. 

In 1934 our band requested the opportunity to reform our tribal 

government under the Indian Reorganization Act. Federal officials 

met with my Grandfather and other tribal leaders at Manistee in 

1935. They told us that we were a tribe and therefore had the right 

to reorganize our tribal government. My elders wrote officials and 

went to Washington, but in the end, the federal government decided that it could not afford the money to honor their treaty obligations with our tribe. 

During World War II, a lot of our Indian boys and girls went to 

the service. There was one particular guy named Frank Saugee 

who was a communicator who served in the service and he did the 

language so the Germans could not decode it. A lot of the young 

girls were there, too, and then they moved on after the war. The 

men had to move to nearby cities to find work. 

I'm sorry. Go ahead. 

[Prepared statement of Ms. Glocheski follows:] 
72 

TESTIMONY OF KATHERINE SAM GLOCHESKI 

Before the 

HOUSE NATIJRAL RESOURCES COMMTITEE 

NATIVE AMERICAN AFFAIRS SUBCOMMI'ITEE 

on H.R. 2376 

September 17, 1993 

My name is Katherine Sam Glocheski of the Little River Band of Ottawa Indians of Manistee, 

Michigan. I was born on December 21, 1926, in a one-room Jog house that my Great-greatgrandfather built at Indian Village on the Manistee River. Indian Village is located about ten miles 

from the town of Manistee, in the middle of what is now the Manistee National Forest. 

I am the great-great-granddaughter of Chief Sam Paquodush who was forced to move his 

band from Fort Village on the Grand River according to the 1855 Treaty of Detroit. They had to 

travel about 200 miles north by barge and steamboat to an unknown reservation created near 

Manistee. 

My Great-grandfather, William Sam, was a young man when our band left the Grand River. 

In the 1870s through the early 1900s, he was a leader who represented our band in dealings with 

United States officials. 

When I was a girl, my Great-grandfather was very old. He spent hours telling me and my 

cousins the stories of our history. My Grandmother Maggie Sam was the community mid-wife for 

Indian women and white women who lived around Indian Village until the 1940's. 

In the 1930s, while I was a child, our community suffered from the Great Depression. Like 

everyone around us, we simply had no money. Those of us who owned farms lost them and were 

forced to move into the cramped houses of Indian Village. So long as we were able to hunt, fish, 

and trap, we could survive. 

The white people who owned businesses in our area would not hire Indians. Some of the 

local farmers would hire our men as laborers. During the harvest season our families, young and 

old alike, would travel along the Lake Michigan coastline picking fruit and vegetables. We did this 

to earn enough money for clothing and other necessities for the winter months. We were the 

original migrant workers. 

In 1934 my band requested the opportunity to reform our tnbal government under the 

Indian Reorganization Act. Federal officials met with my Grandfather and other tnballeaders at 

Manistee in 1935. They told us that we were a tnbe and therefore had the right to reorganize our 

tnbal government. My elders wrote officials and went to Washington, but in the end, the federal 

government decided that it could not afford the money to honor their treaty obligations with my 

tnbe. 
Testimony or Katherine Sam Glocheski 

September 17, 1993 

73 

Page Z 

During World War II, the federal government had other concerns. So did my tnoe. All of the 

men under forty-five years of age enlisted in the United States military. They served with 

distinction, and many of our great Americans died. One of our community members, Frank Saugee, 

served on the front lines in France and Germany during Word War II. One of his assignments 

involved communicating important messages in our Ottawa language to another Ottawa soldier. 

This was done because our language was too complex for the Germans to decode. Most of the 

men and some of the women from our community have served in every major war since the Civil 

War. 

After the war, the men found they had to move to nearby cities like Muskegon, Grand 

Haven, and Grand Rapids in order to find a job and support their families. Some worked in the 

cities part of the year, and came home for winter hunts. Others moved their families to the cities 

and came home for special occasions. This does not mean that our tribe fell apart. The leaders 

of my band continued working for our best interests. The men continued to be arrested for hunting 

and fishing, going to court, and demanding release under our treaty. 

Following in the footsteps of my grandfathers, I and the others of my generation have worked 

much of our lives for the welfare of our people. Between 1948 and 1980 I represented our tribe 

with the Northern Michigan Ottawa Association, a coalition of Michigan Ottawa and Chippewa 

bands who came together to file a claim before the Indian Claims Commission, a claim that we also 

won. I was elected to serve on the NMOA board and helped certify our community members who 

qualified for the Docket 40-K distribution. We also organized fund raisers, did public speaking, and 

testified before several government committees. 

In 1983 our community formed a nonprofit organization to raise funds to continue our efforts 

with the federal government. I was elected Chairperson on the original board of directors. I have 

also worked as the Enrollment Officer, preparing our membership roll. 

The Little River Band of Ottawa Indians is my tnoe and my family. Although we have been 

known by several names throughout history, we are the same people who were forced out of our 

Grand River homes by American settlers. We were also cheated out of our land by lumber 

companies and corrupt local politicians. We were ignored by federal officials whenever we brought 

our rightful treaty claims to them. We have never stopped pursuing our rights, no matter how poor 

we were, how badly we were discriminated against, or how unjustly we were treated in the courts. 

Our experiences and our willingness to fight for our rights have brought us here again today. 

I am the fourth generation descended from Chief Paquodush to work on restoring our rights 

promised in the 1855 Treaty. I am here now so that my grandchildren and all of my relatives might 

have a better life. 

And finally, if our people had stricter immigration laws 500 years ago, we wouldn't be here 

now, and neither would you. Me-gwetch. 
74 

Mr. RICHARDSON. We will move on now to Mr. William Brooks, 

Michigan Indian Legal Services. 

STATEMENT OF WILLIAM BROOKS 

Mr. BROOKS. Thank you, good morning Mr. Chairman. My name 

is Bill Brooks and I am a staff attorney with Michigan Indian 

Legal Services in Traverse City, Michigan. I am pleased to have 

the opportunity to testify in support of H.R. 2376. 

Given the time constraints, I would like to focus my comments 

on why I believe this bill is properly characterized as a reaffirmation and clarification bill rather than a recognition or restoration 

bill as those terms have been used. 

I think it is important to keep in mind when looking at the written testimony is that the only legal basis the Federal government 

has cited for not continuing to recognize their obligations to these 

tribes is a erroneous interpretation of Article 5 of the 1855 Treaty 

of Detroit as terminating the band governments of these tribes. 

We have all heard the phrase if it looks like a duck, and quacks 

like a duck, it must be a duck. That phrase is usually reserved for 

situations where somebody fails to recognize the obvious. 

In the case of these two tribes, the continuing course of dealing 

between the Federal Government and these tribes has been one in 

which the Federal Government has treated these tribes as tribes 

but at the same time denied their existence as tribes based on that 

erroneous interpretation of the 1855 Treaty. 

The Federal agencies and the Congress both have continued to 

deal with these tribes as governments. I would like to cite one example of that treatment. I have provided staff with a copy of a document that was prepared by then Commissioner of Indian Affairs, 

Morris Thompson, in a memorandum to the solicitors's office. 

In that memo Commissioner Thompson was discussing an ongoing dispute with these tribes over enrollment issues. The tribes 

were preparing rolls for purposes of dealing with the Grand River 

judgment fund and also for certification of members for BIA services and Indian Health Services. 

In that memo Commissioner Thompson admits, and I quote: ''The 

northern Michigan Ottawa Association and the Grand River organization are in many basic senses functioning as is or at least are 

accepted as tribal political entities by the Minneapolis area and the 

Great Lakes agency. 

Later on in that memo Commissioner Thompson recognizes the 

fact that if Congress accepts the rolls prepared by these tribes that 

they would in effect be recognized in these tribes as tribal governments. 

Congress did adopt the rolls prepared by the tribes in both the 

Docket 40--K Grand River Judgment Fund Act and also in appropriations for Michigan Ottawa. 

Mr. Chairman, this is recognition and this recognition occurred 

in 1976. There is no reason to continue to deny these tribes their 

rights as federally recognized Indian tribes. I urge you to support 

this legislation. 

[Prepared statement of Mr. Brooks and attachments follow:] 
J.-A.I(-n 

Dftmlr A~ J_A..,.,...., 

--

Wift!aon J. IItookl 

$ti,HA-.., 

o.-..A...._.., 

Aollo>W .... ,....._..t 

75 

Michigan Indian Legal Services, Inc. 160 E. Star• Strut Suit• 102 TttMJ)hon• (616} 947·0122 

FIIC8~il. (616} 947·3966 

ToH frH 18001 968·6877 

TBSTIKOBY o• JAMBS A. BRABSBY ABD WILLIAM J. BROOKS 

KICBIGAM IIIDIA!I LBGAL BBRVICBB, IliiC. 

AT'l'ORiill!YS J'OR TBB LIT'l'LB TRAVBRSB BAY BARDS OJ' ODAWA IIIDIA!IS 

ABD TBB LITTLB RIVBR BARD OJ' OTTAWA IIIDIA!IB on B.R. 2371, ~•fore the 

liiATIVB AXBRICA!I AI'J'AIRS SUBCONXITTB OJ' TBB 

BOUSB NATURAL RBSOURCBS COXKITTBB 

Sept-*ber 17, 1993 

Michigan Indian Legal services, by James Bransky and William 

Brooks, is grateful for the opportunity to submit this testimony in 

support of HB 2376 to reaffirm and clarify the federal 

relationships of the Little Traverse Bay Bands of Odawa Indians and 

the Little River Band of ottawa Indians. 

The Little Traverse Bay Bands of Odawa Indians and the Little 

River Band of Ottawa Indians are federally recognized tribes 

through treaties and a longstanding subsequent relationship with 

the federal government. These tribal communities still reside in 

their traditional homelands where they lived during treaty times. 

They have never been ter.inated by act of Congress. By all rights, 

these tribes should now have a legally affirmed government-togovernment relationship with the United States. However, for the reasons described below and in the testimony of Dr. McClurken, 

federal agencies abandoned their trust responsibility without 

Congressional approval. This morally and legally untenable 

situation requires rectification by this Congress. Congress 

already recognized these tribes. It must now reaffirm the trust relationship unlawfully denied to these tribes. 

Both tribes were party to the 1836 treaty of Washington, 7 

Stat. 491. The tri bes· ceded the western half of what is now Michigan's lower peninsula, and the eastern half of what is now Michigan's upper peninsula in that treaty. The continuing validity 

of the recognition and rights accorded the tribal signatories of that treaty have been upheld by both federal and state courts. 

Both tribes were also party to the Detroit treaty of 1855, 11 stat. 621. The treaty created reservations for the tribes i n which 

land was to be allotted to individual tribal members. Although the state of Michigan, local governments, and American citizens 

subsequently gained title to almost all of the lands allotted, the 

majority of tribal members continue to reside within the 
76 

NILS t.e•t.J..ony i.n •u.pport of 8B 2376 page 2 

reservation boundaries set out in the 1836 and 1855 treaties. 

The continuous political and social history of the tribes is 

well documented by tribal members and Dr. McClurken. The 

contemporary tribes maintain intergovernmental relationships with 

other tribes, local units of government, and the State of Michigan. 

They promote social and cultural preservation and continuity 

through various projects such as the yearly Elders' council, Odawa 

Homecoming Pow-wow, ghost suppers and Little Traverse Bay Bands 

operation of the Andrew Blackbird Museum in Harbor Springs. 

How, then, can treaty tribes that continue to reside and 

function as tribes within their traditional homeland fall outside 

of the federal trust relationship? The answer to this question 

lies in the history of the implementation of the 1855 treaty of 

Detroit, the implementation of the Indian Reorganization Act in 

Michigan, and the subsequent behavior of the Bureau of Indian 

Affairs. 

As was the case throughout much of the United States, in order 

to more efficiently conduct treaty making with loosely affiliated 

Ottawa and Chippewa bands and collllllunities of Indians found in 

Michigan, the federal government "created" an organization called 

the ottawa and Chippewa Nations of Indians. The final treaty 

entered into by the United States with the ottawa and Chippewa 

Nations was the treaty of 1855. In addition to setting aside a reservation for the allotment of land to individual tribal members, 

the 1855 treaty, in Article 5, "dissolved" the artificial 

organization of the ottawa and Chippewa Nations of Indians. The 

Office of Indian Affairs and its successor, the Bureau of Indian 

Affairs has treated this article as terminating the tribal status of these groups. It is clear, however, that Article 5 did not 

dissolve or terminate the tribal status of the individual bands and 

communities which made up the Ottawa and Chippewa Nations. That 

Article expressly acknowledged the right of the various bands and 

communities to "arrange matters between themselves and the United 

States" in the future without the need to call a general convention 

of all bands and communities. 

The treaty of 1855 was one of the first allotment treaties entered into by the United States~ This allotment system, designed 

to eliminate communal tribal land holdings, proved exceptionally 

disastrous to these tribes. Almost all of .the original allotments 

quickly passed out of Indian ownership due to confusion, 

mismanagement, and outright fraud on the part of the agencies and 

officials charged with protecting the tribes• reservations. 

Despite this situation, the United States continued to allot restricted deed and trust parcels for tribal members well into the 

twentieth century. 

The tragic loss of the tribal land base through mismanagement 

and corruption did not end relations with the United States. The 
77 

MILS t.eatiaoay in aupport of D 2376 page 3 

continued political relationship between the tribes and federal 

Indian Agents and agencies is well documented. Indeed, records 

indicate that the Bureau continued to allot restricted fee and trust lands for tribal members until 1930. 

Soon after enactment of the IRA, both of these tribes 

petitioned the federal government for reorganization under its 

provisions. Historic documentation shows that John Collier found 

these tribes to be eligible for reorganization under the IRA. 

However, historic documentation also shows that the BIA thereafter 

abandoned efforts to implement the IRA in Michigan. Although the 

BIA had purchased restricted fee and other trust lands for tribal 

members as recently as 1930, the BIA cited the lack of trust lands as a reason for denying these tribes their rights under the IRA. 

Only those tribes which still had tribal (unallotted) lands held in trust at the time of reorganization were permitted to go under the 

IRA. Historic documentation shows that the BIA initially found the 

tribes to be eligible for reorganization, and that its true reason for refusing to extend the IRA to these tribes was a lack of 

appropriations. 

From that time forward, the Bureau has refused to fully 

acknowledge the legal status of the tribes. The Bureau has 

justified its legally insupportable position by claiming that: 1. 

the tribes were terminated by Article 5 of the 1855 Treaty, and 2. 

members of the tribe became assimilated by receiving state services. Both of these positions are without legal or factual 

support. 

First, as was discussed, Article 5 did not dissolve or 

terminate the tribal status of the individual Ottawa bands and 

communities. The federal court for the Western District of 

Michigan accurately found that Article 5 did not end government-togovernment relations: 

Article 5 had no impact on the government-to-government structure of the bands. There was no change in the way 

in which the Indian agents dealt with them after the 

treaty, except they were never convened again as one 

group. . . • The United States wanted to handle 

disputes arising as a result of the 1855 treaty on a localized basis and sought to avoid the need for calling a general convention of the Indians to resolve future 

problems, and the Indians of the treaty area wished to be 

treated with locally, and not as an artificial "Ottawa 

and Chippewa nation." This--and only this--is what Article 5 accomplishes . ... Even if the Treaty of 1855 

were the only source of the tribe's federal relationship, the treaty provision would not end aboriginal federal 

rights or prevent recognition of a modern tribal group as 
78 

NILS teatiaony in aupport of BB 2376 page 4-

a political successor in interest. 

The Ottawa Bands took this language literally and the tribes' 

history since the 1855 treaty has been one marked by repeated 

petitions by various tribal leaders for enforcement and protection 

of rights guaranteed under their treaties.' The tribes have 

continued this battle with the Bureau over the continuation of 

services well into the twentieth century.' The Bands before this 

Committee have come to Congress in accordance with the treaty 

stipulation which affords the individual bands and communities the 

right to "arrange matters between themselves and the United 

states". 

Second, the BIA does not have the authority to unilaterally 

terminate Indian tribes. Its assimilationist justification is 

without merit. In a formal opinion issued in 1976, the Solicitor 

for the Department of the Interior correctly stated that "tribal 

existence continues until specifically terminated by Congress, and we can find no solid authority for the proposition that this 

Department can alone disestablish a tribe." 

The only difference between the Little Traverse Bay Bands of 

Odawa and Little River Band of Ottawa and other Michigan tribes who 

appear on the BIA's list of "recognized tribes" is that these 

tribes have, for the historical reasons described in more detail in 

Dr. McClurken's testimony, been caught in a game of legal/technical 

semantics with the Bureau over whether the tribes are or can be 

"recognized. 11 The tribes continued to maintain government-togovernment relations with the United States, belying the BIA's historic claims that no "recognized" tribal governments existed. 

The illogic of that debate is evidenced by a short, documented 

chronology of the tribes' dealings with the United States. 

Following the ratification of the 1855 treaty, both local 

Indian agents and tribal leaders proceeded to continue governmental 

relations on the assumption that they were dealing with tribal 

United States v. State of lficltigan~ t71 P. Supp 192, 264-65 (1979). 

2 See attached bbibit 1, Petition of Chiefs of the Pere 

Marquette Bands of Grand River ottawa (Little River Band) to Indian 

Agent requesting re-opening of school for their children. (LRMS - 1131, August 24, 1865). 

3 See bbibit 2, Letter appeal of Northern Michigan Ottawa 

Association to Secretary regarding BIA proposal to end medical and education services to non-reservation Ottawa and Chippewa. 
79 

IIILS t.eat.i.ooy in •upport of D :1!376 page 5 

governments on Indian reservations.' The Grand River Bands, 

including the Little River Bands from Pere Marquette also met in 

Council to reorganize their government to more effectively deal 

with matters relating to existing treaties and future agreements.' 

These are clearly not the statements of tribes (and Indian Agents) 

who believed that their tribal relations had been dissolved. 

The absurdity of the federal government's position of treating 

the tribal governments of the Michigan Ottawa as having been 

dissolved was clearly set forth in a quote from an 1886 report 

prepared by the Commissioner of Indian Affairs: 

The Indians of Michigan are all citizens, are voters, and 

eligible to hold office. They are not known or recognized by tribal relations • • . While no tribal 

relations exist, yet the Indians annually elect certain 

of their number, whom they call chiefs or headmen, whose 

duty it is to transact all business with the government or the Indian agent, sign all papers and stipulations, 

which they consider as binding upon their band. 6 

That line of thinking remained BIA policy well into the 20th 

century. The Minneapolis Area Office and Great Lakes Agency of the 

BIA actively worked with the tribes on enrollment matters and 

accepted the tribes' certifications of individuals as eligible for 

medical and educational benefits. Indeed, as recently as 1976, 

Commissioner of Indian Affairs Morris Thompson acknowledged in a memorandum to the Solicitor that the tribes "are, in many basic senses, functioning as or at least are accepted as tribal political 

entities by the Minneapolis Area and Great Lakes Agency." 

Commissioner Thompson went on, however, to state that "[c]ontrary to the views expressed • • • by various Michigan Indian spokesmen we reiterate that we consider the involved Ottawa and Chippewa 

Indians, or their descendants, to have lost their tribal political 

• See Exhibit 3, Letter from Agent John Smith at "Indian 

Reservation, Indian Town P.O., Mason county, Mich." to the 

Commissioner of Indian Affairs requesting assistance on behalf of a number of Little River Band elders. (NAM M234 R.408: 997-

999) (November 27, 1869). 

'See attached IXbibit 4, NAM M234 R.407: 1037-1040. (June 7, 

1866). 

6 Bzbibit 5, Report on Indians Taxed and Indians Not Taxed in 

the United States at the Eleventh Census: 1890 (Department of the 

Interior, 1894) (quoting 1886 report of the Commissioner of Indian 

Affairs). 
80 

MILS teatiaony in aupport of BB 2376 page 6 

identity in 1855. 117 

Congress also recognized the tribes by enacting PL-540, 90 

Stat 2503 (October 18, 1976), which provided for the disposition of 

funds appropriated to .settle the Grand River Bands of ottawa Indians land claims. The Bureau contended that the judgment fund must be distributed strictly on the basis of descendence and could 

not be limited to descendants with at least one-quarter blood 

quantum. According to the Bureau, the only exceptions to this rule 

were the organized, reservation-based Bay Mills and Sault Ste. 

Marie Chippewa, who had the political authority to certify and 

enroll members based on blood quantum. The other Ottawa bands were 

considered to have lost their tribal identify under Article 5 of 

the 1855 treaty. The Northern Michigan Ottawa Association and Grand River Descendant's Committee actively lobbied against the 

Bureau's proposed distribution. Despite strong opposition from the 

Bureau, Congress adopted language consistent with the enrollment 

criteria adopted by the Northern Michigan Ottawa Association and 

Grand River Bands Descendant's Committee. The enrollment criteria 

and tribal rolls prepared by those tribes were subsequently 

utilized to certify persons eligible for judgment fund payments. 

Realizing that clarification of their government-to-government 

relationship is essential, the tribes are preparing petitions under 25 CFR part 83. However, there are many reasons that the 

administrative acknowledgment process does not and should not apply to these tribes, and that immediate Congressional action is necessary. 

These tribes are for all intents and purposes already 

acknowledged by the federal government. The Federal 

Acknowledgement Procedure (FAP) was promulgated and enacted to deal 

with tribes that the BIA has little or no previous knowledge. The 

administrative process is for tribes that either have no treaty 

relations with the federal government or are remnants of treaty 

tribes that were moved to other parts of the country. The Little 

Traverse Bands of Odawa Indians and the Little River Band of Ottawa 

Indians are treaty tribes that remain in the exact same 

geographical locations where they vere during treaty times. During 

the 1930's the BIA initially found them eligible to come under the 

provisions of the IRA. The political existence and authority of 

tribes• governing bodies were again recognized by the BIA and the 

Congress as recently as the late-1970s. 

The FAP is designed to review evidence regarding federal 

recognition and tribal existence. In this case, there is no 

question as to federal recognition and tribal existence. Legally 

and factually, the tribes have a government-to-government 

7 Exhibit 6, Memorandum from Commissioner of Indian Affairs to 

the Solicitor (February 1976). 
81 

NILS t.eat.J..onr iu. aupport. of BB 2376 page 7 

relationship with the United states. They are simply the victims 

of neglect and unlawful contradictory positions taken by the BIA 

with respect to Michigan tribes. Congress must reaffirm the trust relationship. Until that occurs, the BIA will not hold lands in trust for tribes, provide assistance available to Indian tribes, or in any way promote their government-to-government relationship with 

the United states. The BIA will not support the tribes' right to protect their children and families under the critically important 

Indian Child Welfare Act. The tribes are without standing to protect critically important reserved resources. 

This bill is properly characterized as a •reaffirmation and 

clarification" bill rather than a •recognition" or •restoration• 

bill. As previously stated, recognition already exists through 

treaties, statutes and the historic course of dealing with the 

federal government. The term "restoration" is generally used when 

dealing with Congressionally terminated tribes. In this case we are dealing with treaty tribes that have had continuous governmentto-government relations with the United States. In this case, the trust relationship must be "reaffirmed" to end the unlawful neglect 

and denial of tribal status. 

This legislation will end the semantical debate over •recognition• which the tribes and the BIA have engaged in, 

reaffirms the obvious and clarifies in law that which has plainly 

existed in fact. 

Clarification of the federal relationship, however, is only the first step toward realizing the promise of self-government. 

Therefore, H.R. 2376 contains a number of important substantive 

provisions which were not included in the bill which was introduced 

in the 102d Congress. These provisions were included in the current bill to ensure that the tribes are provided with the tools to assume greater responsibility and control over the welfare of 

their members. A land base and clearly defined service area will 

be critical to the tribes. 
82 

NILS teati.any i.n aupport of BB 2376 page 8 

Section 4. (b) Federal Service and Benefits. 

Although the majority of the members of both tribes continue to reside on or near the reservations established for the tribes 

under both the 1836 Treaty of Washington and 1855 Treaty of 

Detroit, those reservations are not recognized as such because of 

the same historical circumstances and legal semantics which bring 

these tribes before the Congress today. Many federal services 

available to members of federally recognized tribes, including most of the services provided by the Indian Health Service and Bureau of 

Indian Affairs, limit eligibility to members who "reside on or near" the tribe's :reservation. Unless and until these tribes 

reservations are established andjor recognized, their members would not be eligible for the many benefits and services available to 

members of other federally-recognized tribes. This language will ensure that members of these tribes will be eligible for services 

without having to wait for lands to be acquired, placed into trust, 

and designated as an Indian reservation. 

The language will also ensure that all members who reside 

within the tribes• historic geographic territories will be eligible 

for services. The tribes recognize that fiscal limitations may 

restrict the number of members who can actually be served within 

their service areas. However, the tribes strongly believe that 

they themselves, rather than federal agencies, should make critical 

decisions concerning the allocation and prioritization of scarce resources. 

Sec. 6. Transfer of Land for the Benefit of 

the Bands. 

Section 6 was added to outline the Secretary's authority and 

duties with respect to the acquisition of land to be held in trust for the tribes. This section imposes the duty upon the Secretary, 

subject to appropriations, to acquire lands to be taken into to trust and designated part of the tribes' reservations. As with the 

provisions related to service area, this section assures that the 

tribes will be able to use their reaffirmed sovereign status to exercise jurisdiction and acquire a land base upon which to provide 

housing and economic development opportunities for their members. This section reflects the tribes' willingness to limit the areas 

which can become part of the tribes' reservations to the primary 

geographic areas over which the tribes have historically exercised 

jurisdiction. Congress recognized this historic, territorial 

jurisdiction in the 1836 Treaty of Washington and 1855 Treaty of 

Detroit. 

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85 
Mr. Thomas Kleppe 

Secretary 

86 

No: thern Michigan Ottawa Associatior 

911 Franklin Street 

Petoskey , Michigan 49770 

March 23, 1976 

U. S. Department of the Interior 

18th & c Streets N. w. 

Washinston, D. c. 20240 

Dear Mr. Secretary: 

This letter is in reference to a recent directive made 

by the Commissioner of ~he Bureau of Indian Affairs in regards 

to the discontinuance of services provided by the Bureau of 

Indian Affairs to the descendants of the Durant Roll, specifically the Ottawa and Chippewas, in a telegram from the 

Commissioner of Indian Affairs to the Area Director, George 

Goodwin, Minneapolis Area Office, Minneapolis, Minnesota, dated 

March 3, 1976. The Ottawa and Chippewas have been receiving 

Bureau of Indian Affairs services for the past 65 years. We 

feel this is an arbitrary decision and without any legal or 

moralfuundation. As we, as individuals and as Ottawa and 

Chippewas collecti vely, will be presently and prospectively 

affected in our rights and benefits as Indians, we hereby appeal 

this decision pursuant to 25 CFR S 2, ~ ~· 

DAVIt> DOMINIC 

as individuals and in their representative capacity 

for the Northern Michigan Ottawas Association, who represents 

individual Ottawa and Chippewa Indians in Michigan. 
87 
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95 

NAM M234 R.407:1037-1040 1866 

Ne-be-na-ge-zhick et al. to All and singular to whom it may 

concern, June 7, 1866 

To all and singular to whom it may concern. 

Be it known to all men that, we the Chiefs and people of the 

Grand River Ottawa and Chippeway Indian residing at Pentwater and 

Pere Marquett, Oceana and Mason Counties; State of Michgian, have 

called and instituted a 1;!\,!gl!.£ £QQ:,C@QU.QQ or counci 1 at Pewre 

Marquett, this seventh day of June A. D. one thousand eight 

hundred and sixty five in order to farm and establish some 

foctndati on by which \l!!§t may be better enabled to conduct all our 

public conventions and councils in a more !!§t9~! and systematic 

form; and to carry into full effect all our public B£~§L, 

Treaties Resolutions, and agreements. 

Be it therefore enacted and resolved; by the powers of this 

convention that we the chiefs and people do hereby nominate and 
96 

appoint Moses, Shaw-be-ko-ctng (c:hiefl to the offic:e of head 

speaker who shall preside in all our public: c:ounic:ls and 

conventions; when and wherever· held; and in all Treaty; or 

Treaties, whic:h may hereafter be held . and negotiated, "beiween 

the United State·s Government and the Grand River Ottawa and 

Chippeway Indians. 

He shall hold his offic:e during good behavior, and be compensated 

so muc:h for his services as the Indians may see fit and proper to 

allow and direc:t. His knowledge and influence, his honesty, and 

integrity, the public: c:onfidenc:e of octr people, and his 

philanthropic: regard for the welfare of our people, - all this 

preemenently qualifies him for that important Offic:e. 

/1038/ The Indian Department and all officers c:onnec:ted with the 

Indian agenc:y is hereby informedc:d and acquainted to recognize 

Moses Shaw-be-ko-ung as the t!~;!.Q §e~;!.!i.~r: for the Ottawa and 

Chippeway Indians. 

In testemony ••hereof we t.he said Grand River Ottawa and 

Chippeways have hereunto signed our names and affixed our seals 

and marks. Done in public: convention held at Pere Marquett Mason 
NAM M234 R.407:1U37-104C> 

Ne-be-na-ge-zhick et al. 

concern, June 7 1 1866 

97 

1866 

to All and singular to whom it may 

County, State of Michigan the seventh day of June A.D. one 

thousand eight hundred and sixty five; and in the presence of our 

Unitdd States Interpreter David ~- Foster. 

Signed in th~ presence of. 

Ne-baw-na-ge-zhick (chief; Kaw-ga-gob-we(chiefl_; Pay-ko-tush 

(chief>; Ching-gwash (chief); Pay-shaw-se-gay (chief>; Kaw-ba-o~ 

maw, (Chief); Shaw-go-waw-ba••-no <chief); Penasy <chief); Maishcaw (chief); Cobmosay (chief>; Joseph Ke-dawis (chief ) . 

Domnicke, 2nd chief; Taw-bus-se-ge-zhe-gwa-um, 2nd chief; 

Pawdees, 2ndf chief; Louis Ka-bu-osay, 2nd chief; /1039/ Naw-gawne-ko-ung, 2nd chief; Skip-goish, 2nd chief; Wap-pe-son 2nd 

chief. 
98 

dol 1 noha, ~1 s-s1 s-sway-oy; t-·•y-oaw-me gow co-we: 1-u sh-ke-baw-g:wsunk; Joseph Dan-gay; Pay-qua-na; Aw-she-day~qua; Ag-gaw~o-dw; 

f(e-na-beek; K.a-a-wi!i; · Sh.aw-o-beek; A • . c. Shaw; J.accob Shaw, Todo-ke-too; Tong-gwish, Pay-qua; Meshe-gal:-akR; Mon-no-me-ne; Anne-me-ke-we; Shaw-shaw-o-ne-bees; Ke-we-skum; Nim-ke-waw; Shawwan; Awine-koase. 

Done in public and in my presence at Pere Marquett Mason County, 

Mich, the seventh day of June A. D. 1865 [sicl. 

Signed. David K. Foster, U. S. Interpreter. 
99 

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DEPARTMENT OF THE INTERIOR, 

CENSUS OFFICE. 

ROBERT P. PORTEP. 

su.~rintead<-D.t. 

... ,.,.....~ .&.Jorll a, WI: ......,_. .J~tl731, 1 ... 

REPORT 

C.&.RROLI. D. WHIGHT, 

Comulluioner o( Labor iD. c:bu~t' . 

.&.J>J..UiedOclebl.r$, 11$1. 

INDIAKS TAXED AND INDIANS NOT TAXED 

THE U~ITED STATES 

(EXCEPT ALASKA! 

,H1'11t: 

ELEVEXTH CE:;s-SUS: 1890. 

00\'J.:H~OU!~T I'KIXTI:S~ Ol'}I'JCE. 5607 1-1 

I 119 4. 
106 

)f ~-\._ S S ..:-\._ C H USE T T S. 

Tohtl. .. .. . 

= huliau.o iu Jlf"i ~uDJO not oth ... rwi~ t'lllllllc.'t~t .. ·d ...•••..... . , • , . . . . . . . . . . . . . • . . . . • • . • . . I 

frn)i:ln! f•fl' tektnltiVIlt'. &,.(f.,lliJI}lOttiu:; 1111d lliJ:!rlllt"UIIUit'd iu tlu: j.!'i'III'OII CCIIIIU!<I,,,... •• .. , ':!1 

'£he ch·Hizcd (st>lf.support ht[!') India us of )t;,~s.Mehu~tt *,\'UI\ IIh>tl in tht: ~cu~ral t·('u~u~. unml"·r· -1:!4 ::::~ ru:tlt'J 

nnll 20::! t~mmle~), ~~nd are distribntt:tl as tbllows: · 

Uat·ustable county, J.lti; l>uk~ j·mwt~·, 133 ; )Jicltlle~x~ couur.r lH; Plymouth c:ount.r. :::; : Sulli•U.: •·nuuty. 

:.~•; \Vorce .. ,ter county, 21; othca· c:tmutit·s. (13 or Je~s iu e:tcb), 4!f. 

The Judians of southern !o:e\t' Eue!l:uul are 111aiuly de:;cemlallt:' of the trihe:t th;tt inluthit.Nl tlw n·,.d .. u whrn 

the wh1te t>eop1e came, and smue of tht•m 1uberit legal claim$ Ur re;1son of ln.Jiau bloocl; but to the ca .. u:tl,,h:o:t•r\'f'r 

tbet·e is oft.to.u little in their ;tppca.rnnc.·(•. to t1istiuguhd.1 tbem from buut.crs und H!iibcrs of tht: ueigbboriu;: pupulatinn, 

toward whom they ha\·e been t\~ctimilating iu blood aud iu habits. 

Uescendauts of the \Vampanoag [ucliaus, ;IS many «:ousider them, form. a quiet conunuuity ;tt (i ;tr lit-ad. on 

the western part of tbe hdaucl of Marthas Viuf':yart.l. Tb~y are ~;ailor.sand fi::'-het"mcn "«"ith thdr whitt• ut>ii!hb.Jn.. 

A fe,v negroes nod souJe Portuguese b:t\'C been a.h sorbed in tLe community. '£he ns.to. of lnclhtn " 't•nls t·n ·n hat 

almost dit'appeared, English bciug ust:d Uy all. 

On tbe utaiulnnd, in BarustaUJc county, arc tbo:;e of similar tribal ;tUcestry • .wmct.itues kuowu ;t:-: :\la:-: h1ttf 

ludinthi. Occasionally one of these lnd1aus ha~ b~n elected tc1 tlu~ stat(• legiSinture. 

MICHIGAN. 

'fttT,\1. 1:'\0IAX l'fll'n .. \1'1US .\~ vt• ,Jn;.: 1, J~t. 

Tot;1l . 

==so Indians <ltt· t' 8t'r\": lt in uo~ ..... Jf.,ull•lmrliu;: :uul rou;t"<l (<"011111<·•1 ii1 tb•· ,_,.t"llt'ral ~· ... usn>~) ''· ti:.!J 

ludmn f'ritoner. 1101 uChc r"''"' •·anmtor:llt•l . ...•.• •...•. . .. . .••••.... . •. . .... 

The ti\·ilizt'cl (io<"lf·SUl'IIOrCiiiJ;) lntli:tu:-; nf )lit-hi::au. t'lltllltt••l iu tlat• :,:-t•ut•ral r:en:.o:u~. urunlwr .-..ti:!! .!1 :::. rrr:tltJ 

and :!, G!~I fc.·malc:;j. aucl nr(• rli:-;ta·ihnh·d n~ fi,Jiuw:-o : 

.\lt·nu:t t: uut~·. :..>tJ; Al ~t· · t·onut_, .• ":"$: AU••;!au t'uttut~· . il: Autcim county, 184 ; A retwt• t·unur~·· l::t•: ,.,~::~~ 

couutr! :!Si: Hn~· <'OUnty. 9:! : Rcnh·u l't•unty. :t: : l';tlhuull r·t•uut,\". II: Ca:-o~ cuuuty. :ti: ( 'hadr-n•ix t·nntt 1.\"· ·-~· 

Cht'bo)·g:ru t'(lHUr~·. 1:12: ('hit•pew:\ r·uuttt~- . . u I: I h•lra t·o•wty. ::1 i; 1-:uunt'f •·ouut~ , !11-l : tir:uul Tnr n· ·~ · 011 ~~~~,: 

35; lo:ct·o \·onuty. ;iO; h•aht!ll:r UIIt•f~ . :~-~·• ; K:tlaniOI:f.tlu t'HIIIIt~·. :!l i (,;,pt·cr l'VItnty. :.!:.!: Lt!clau:IW t•uunr~·· ~-·~,.~: 

~l:ll'kiu:u: c·ualllty. :!:!i: )lailistrc cnuuty, :!:.!: :\lauitr•n c·utwty • . -·li: )lanptl•ttt.'! county. !iti: )fa:-oom ,· .. nut,\", :;.1

: 

llt't·o:ora l'otwty. 44: )ft'noruiut•t· t•utwty. 1:.~1: )(n:-okt·:,:-uu t•utwty. :;~: ~ ... ,,·a~·go t·unuty. IS: Ot•t•au;t t•ntrr•'Y: ·;;,:: 

Out~lltetgun t•ouut_r. ,j9: (,~t·t•ul:r (:1111111,\", :.!-1: Ouaw;r t·ouuty. 51: Su::!iuaw 4.:onnt,r. :!:J:.!; Sd•~~~·kr:ll'r ,.,,wt.'- ' 

Tu t·ula t·uuut~-. fit; \';m Bm·t·U t:Httllt~ .5!): utlu:r t·mmt it.•:o' (I; ur ll's~ in l•:u·h), :!Oti. b\' 

)l:llly ol" tilt' lmli:111:-o wurk 1~ ti..;t, ... rllll'lt :ttul huul.t•nut·u. Lu·:,:-e •1•wutit.ie~ of maplt· ~~~-~ · :tn.' '" a,'}_'~ 11 ,:r ludiuu:-o i11 :l\· or;~Uie .n ar~ . whi··h 1:0: U:o14·tl ri.•r ti,od a eul tOr tr.uh• "itlt tht· whirt•s. lu *'"'"'~ luc:rlirit·~ lutlw_u:oo ... ·.' .

111d 

~reo1t tttH\Uritie:o. uf wild hcni~.·~ for t·auuiu~ or li•t· s hiprnt.'llt It• the cil i(•:o;, )luu~- ,,f them ;,tl't· :J;.t•;tth•rt"~l. ~m::l ~ · 

in ~ruup:o;. al011~ tlw :.o:IJVI'l'!': of tbf' (il'l·at l.akc·s. uu tin· hault.:o; uf l'iver:.-. aud iu the wnods. .. t.wlltr, 

Tl.acn• ;\re 3 lruli<m rt.":sen·ations iu )liclti~:ur . as uurt••l iu rbe ret·urds of the huli:au Ollkc : tlw :-.~ art 

containihg but i.3l7 ac res, nr t 1.4 l(tfn:trc· milt·~: tlw I: A.ns<> r~~WI"\':tticm. C'OUt .. iujng Ht,3:!4 :wre:<-. ,.r u.:.! :ootJII 

3.'VI 
107 

COXDITIO:\ OF 1:\'DIA:\S-mCHIGAN. 331 

mile::-. and the Out.onagon re!'en·ntion, (•ontaiuing 648 acres, or 1.1 square mile~. These reservations are the 

remuauts of large tmcts wbicll han• het>u :o;nrveyed autl allotted to the lnclians. Tbe agency nt ~Jackiuac wa.s 

aboli::ohc'l b,\· tlle act of Uougrcs!' 1uaki1•g appt:opriatiuus for the huliau ~erYit-t> .July 1. !SUO. 

ludtau:; nnw in Michig-an art- t.:lai-ised as: taxed. Tl1cy were enumerated U.r the regulllr enumerators and connt(•d 

. in till' geucral population of lhe ~tate. 

Till' ng-ent, iu hi~ report for 1-S:-ili to the Commis~iouer of lucliau Afl'air~. say~: 

Tlw )tlthaus of )lit,bigunure all eitiltm!j,ll.ft: \·ntcrs.nud digihle to bold office. Tbe>·11n nut kuowu ur recognized hy tribal relatione, 

eitbt-r In .~tattli:l\"f:> or treaties, au•l in ,.,-er_,. rt-~;pt>ct. !It• far as t!Jt' ri,!!hts of citi1.eu~bi}t art" t·onn·ructl, tht-~· staud on flU equaht.\ with 

tbc white.~. While uo trib:ll rdatinD!O t•Xitst, p·t tht> ludiaus auonally deCt ct-rtaio uf tbt'ir utunllt'r. wholll ther cu.lll·hicfi. ur bt•:tdmen, 

wbotw t]ut,\· .it ito~ tu truusuct allluuo~iut'-!>lj wtth the go\'t'fllltlt•nt ur the Indian agent, fiiigu :lllJmpt:r~< anti 11tipulatioos, which tlit'.Y t·ontoidet 

aa buuhn:: H]Hllt tilt' baud. 

IIISTORIC HEnEIY. 

Til•· IHtlian~ of :\J it•ltigau are all of .Alg-oukiau stot·k. 

Tla• triltes kuown as the ChiJtJit'Wa!", Ottl!Wa::>. aut.l Pnttawatomit'::< l'ttllljtosetl I he abongiual pnpulatiuu of 

:llil'lll;.:·att. :\I any of tht>se IuUiau::: are tww 111 K;m:::a:-; <Urcl Iudiau territory. 

Tht· t·arly ~Ic .... uits ftlltlld the :\lithig-au Iurliaus ~·otHl material for laLoriJJg with. autl uumerons mi:::~ious Wl•re 

estaldt:·drt·tl. 'fhl'."' fount! tlrl' lndiaus hunter~. tntppi.•l'~'<. tbher~, ;.wtl :-;harp tnuter.s. Thl· huliaH8 mi~ecl ami sold 

pro,·i .... ion:<. am.l~ altlumg-h agriculturally iudinell, after the Fn•uch uccupatiou they fn·qut·Jttly attackt>cl the Fn·uch 

Imst:;. These lucliaus were kt_-•pt in t"tlll~tant tl"l1Uhlt• hy tlw claims of the Euglish to the tt•nitory throng·h the 

_ Iroqtwis. \\ hu early l''~s~es.s.ecl till' ccHtutry hy t·ap_rurc. The Hurons Wt're the allies. of tl.Je Frettcb, aurl constant 

intrignt• was the rt-snlt. They aidl'tl the FreuclJ in tilt• disastrous border war between Franc(• autl Euglat:d. 

.. After Eugland took po:oo~e~sion of )lit~bigan, the Ottawas Let·ame restless, aud iu 1763 Poutiac·.s con8piracy 

·was fi,rmetl, aut! attempt~ were III<Hle to capture the Briti:-oh posts from ~iagam to Chicago, Poutiac persoually 

~undertaking to l.'apture Dt'lruit. in whidl be failed. The a.ttadis on the various posts were made on oue day, l\lay 

·~01~ t·7ti3. The nw\·emeut ended i11 the capture of H of tlte 1:.! posts or forts, but Detroit was saved through ilttbrmatioo 

;,:,!given by an Indian woman to the commandant. After this a treat~· was made with several tribes, but Pontiac 

~,Jteld out uutill7GJ. Detroit became the center of Briti~h frontie1· power af"tcr li63. 

~ .. Great Britain began to elll'Onragc fishiug aml tbe fur trade, and made the various tribes allies. During the 

-~volntiouary war Michigan was a British t·olouy, with lieutenant governors at Detroit aud :\Iackiunw. Vast 

:·amount:<: of supplies and arms and ammunition were gi\"en to the Indians from these points. and bounties were 

'~~giveu for scalps. Go\'€'rnor Hamilton reported in .January, 177$, that tbe ludiaus had brought. in ~3 prisoners and 

)29 sealp::.. In September, 17'j8, he again rt>pul"tt•d that" since last )lay th~ Indians ban• taken a! pri8otwrs, 17 

··of which they ddivered up, and 81 scalps". It is e::;timated that more than 3,0UO persons were scn1petl or made 

p~isouers of war by war partie~ llf' Indians :uul svldier8 from Detroit. The:-oe war parties weut as 1itr south as 

Kentucky. 

After tbt• Re\·olntionary war the )licllig-an lmlians sullenly sulJmitted to the rule of tlte United States. 

Gon·ruor Hall Ulade a treaty with them in ISO$, uUtainiu:; certain land c~ssions from them, which they afterward 

clairuecl they did not undl•rstaml. 

Tecumseh. the Shn.wuee t.:hicf, whn lintl at that time on the upper "~abash. effected gnulually a uuion of 

tribes iu tht> te.rritor.r uow itt Indiana. )lichig;Ut, aud a portion of Illinois aud Ohio, aHtl began war on the whites. 

In 1811 ( reue1 al William Ueury Harri~mt til•fr.•atell I tim at thr hattll· of Tippecauoe, anti peace fOr a. time fOllowed. 

In the war of } . ..::.12 the )Iicitigau ludiaus a,C"aiu bt·t·ame alhcs of Great Britain aud ra\·nged the northern 

frontier. ~\t the battle of Freau·htown. uf !100 rnitcd State~ soltlie,·~ only .;u escapt•d t·aptttrP. mort' than 4HO were 

killedl and many nth~r~ Wl're. :-ocaiJI('d on tilt· war to :\L1Ideu. 

Lewis Co,s:<., as g-ovt>rnor of .\Iiclai;:an. a!"rer 1~1:.! maclc tn•atit·s with tltl' varions I1uliau tribt•s for {'('!"~ions of 

their land~ up tu IS:! I. :uul wa,.; lunl.:t-11 upun :ts rhe1r frit~ucl. lit• wa~ ex ullkio ~UJil'l'illtt•nth•nt ld.lht· lrulian agcucy 

at Detroit ani! lilt' ag-t'llt~it•:<. at Clnca;_!n. Fort \\'aynt·, tir~t>ll Bay, .\Ltt·l.:inaw, Piqua. ami the snhag-cncics at 

Blaucl.mrds lhrk aut! l"ppt·r Sanrlu:<:l.:y. In I he lh•rwir ;t;.!l'ltc~· almtt.• tlwrt" \H.'re H.UOO lntliau~ w l~t:J. In a n·purt. 

to the \\~ar Ueparlmt•llt in lS:.!l t;u\'t•ntut· t'a:<.:<: wrutt· that ··my famih j_..,; thiYetl fmm Ollt' t•xtrl•mit,· uf tlw house 

to the other by tht•llt"" .. \t that tiure -IUUlutliall~ arl"i\'t·cltl:\11.': at lll't.ruit. Tltt• British h;u( ll-tl ;tll~l t·lutht'tl thl'tn 

'Wheu iu pu:-;~es~iun ttf lh•truil. ;uul (icH"t'I"IIOr Ca:<::<: wa:<: 11nw t•xpc·t·tt•tl tv~~~~ it 1111 belmlf of the Lnitt>rl Ht;~te~. and 

durin:;~ yPars lw paitl nut ~-HICI.Ciflll. 

Generall\lal'omb \\TOft• in l-':!1 that he oftt·H clt"taih·tl .... nldtt·r:-o as a g-nard to protel'f tlte family oi GoYcruur 

Cass from the imvortuuitir.•:<: nf tlll' lndlatt:-o. l11 fatt. lin· a nuwh1·rnf yt·onsl1un_·rnor t'a:,;s kept opc•n house atrd a 

coustaut feast on the tahll• Jitl" lllinuis. ludiana, :\lit·htgalr. anti I )!tic• lwliaus . 

. Ou September ~li. 1·"-:JJ. al Chiea~o, a tn•atr wa . ..; marl(' willt thl' Chippt•W;\:-;, Ottawn:-;. aud l'ottawnt(llllies fur 

the!~ remo\'a] we~t of the )lis:<:i:-:.slppi rin·r. Tl.Jis trl'aty was pnwlaimt·tl Ft•hruary :!1. 1S3o\ ami tlWrt.>aftl'r ;\large 

-.portton of the lnclwn~ umnt•tl Wt•1·e n•mon•tl. Tlu· l'ottawntHmit•s remoYetl nntler tllis treaty an· now iu Kausas 
108 

!{~;PORT ON INDIA:\S TAXED ANV NOT TAXED. 

and Oklul1oma territory. The ret uon~d Ottaw:t$ are at Quap:.tw agency. lnclian territory, mul some of tht> n:mnn·d 

Chippewa'!; are in )linntsotu. Three r~~en·atiuu~ "·ere est.aLlisbed in )licl.ligau in 1-~~1855, aml ~om1· :d't•:r. 

The Chippe-was. Otta\\'":lS. awl l'ottawatomit-s nou- remaining- in )licbigan :tre citizens. 

MICHIGAN RESER\.ATIO:SS. 

Report of 8-[H!cial Ag~nt F.. .1. Box1s•: fill till' lutliaD::I of ~li t·hi~au. 

Narnu of huh:m triloe:o. or [ltltt" of trii.Jt-$;, tt"M'r\·atious, :uulno:'lllntt_,cl ~re:u. ;H6: (u) 

inhella resen ·ation : C:bippt'~!\1 of $:1gin:ur, S"'an rrcelo. :uul Hl:u·k ri\·er. orc:a 0,3li tlt:r•-tt, (,r 11.5 &qu:trt' ruile11 ; eset'Uii,·~ or.t.·r. )1:!.~· 

1-1. IS.::l;ij tnntie!l of .-'n~n.U :!. l:Ct~) :11 l". S. St:lts .. I'· f~.13), a.n•l of(lt·toher HI., 181~ 11-1 l'.S. Stats .. Jt.S..~iJ; the n~>idm· aJI,.tt'"'l. 

L'ADll(' tt');U\"IlliOn : L"AoSt' :twl \"icu:( d•· $crt li:m•la II[ l'hip]~\'f:ll' ur L:~l.:.e tlJlf'tior, art·:l l!l.J:?~ :ll'telt, M :10 l'oiJU:Ite mil e~: ft··:ol .\" .. { 

i-i-t-ptctuht·r 30, l Ko-l i 10 \". ~-~bls .. p . 11<1!' •: tbe '"~iolne', 33,3('.0 :u·r.:s. allotlt-d. 

Outonn.t:un reJSC t \'ation: nntuu:t~•m hauol uf Clli]')'•·was 1•\ l.:1l.:.e ::'II)'H:ll'iur,- utt-3 1178 acrl's, or lt~IJIIatC' mil.·: !lixth dauso•, ,.,., . .,,Ill nl"lid,·. 

ltt·al,\' of i;ertemhn !{0, IR·,~ ,10 L". ::-<. $1lHJo .. p. IH¥.11: rJo:t'rntin• onler, l"cpteml•er ::!.">, 1~\5: the re~<ichu.•, I.)cj;~ nt rt> .~. :olh•ll.-ol. 

Total, ~;,:ug acres, or ~:!.5 !io•ptan· mil~· ~. 

(ndiau f''IJUI]ariun Juu ... 1!1'~1; 5.ii:!l. 

ISABELLA HESEin·,\TIO:S. 

There- ar~ Jltl«" li\'itiJ; 1111 tili:--: n:st·rratiou. a~ ut>arly n~ cunhl IJt> a~c~rtaiut-d, 4ti0 Jndiaus, nwst ,,f wht•u• an• 

Chippt>w-a$. A ·tew Ott t«·a.~ a wl Pott:twatomic-s n•:-:.ide bere. but they arc roositleretl wemt>crs ut' the tril.H.· at••l ,·all 

tlJemseiH·s Chippl!was.. The hulian~ are l'catt~rt-d in little gronps throngltout tlw different township . auol the 

Chippl•Wo\ dialect is unin•r:-ally spokeu. 'With tltE." exc.:eptiuu of n very few ol•l men and women thf'y ar<' of Juixf'd 

blood. All wear citizen$' drt'~S . The t:i\'itizetl 1otlian8 are nm poln;mniJ-'ht, nor ar~ the pagans anowt·•ll.r 1'-01 

tlJough tht•y prnfes.s to beli<'Ye iu the tlo<:tl'iue. Sixty f:twilies owu houses, 8 of which are frantc and ;,';2 Jo~·· 'rhid.J 

are for the most part well built.. 'With the~e there is ~enernlly a pntcb of grouud upon llidt Yeget;tlJh·;; :llld 

corn are raised. \·P.ry litth.•, if any, produce is marketed. Tbert: are uo Judian schools, Uut" majority uf the 

children attend distric-t schools autl are said to be as bright a$ ordiuary white childrc.n. Tweut~·-si x pupil,;. ft·om 

this res.en·ation are now at the Indian school in Carlisle, Penusylvania . It is estimated that 50 ndn lt!' a1al 100 

under ~0 years of agt.o .. -an r(>ad. \Yhile many of the male Indians can ~peak English snfficicmtly fot· ordinary U5f"1 

they are Y~ry suspicious and retice-nt, nnd wh•·u questione-d nbout tbeir condition, Lahih, nod religion till'." d rbl.'r 

remain si leut or profess not to under~taud. Th ey have-. -1 chun:be~, trorth perhaps 8300, 3 of \~hich are log t-:thiu~ 

and the other nu old frame: l.milding-. The memhersbi)) is 300, :.!$8 ()f whom are of tlJe Methodist E.pi ~c opal ;Hid 1:! 

of tb~ H.outan Catholic deuorniuatiou. The latt ~r ha\'e 110 church. Tbe-rc nrc -1 ha.ff-hreed preacher~. ,,],(1 are 

;4ppointccl by the :\Iethotli.st. Episcopal anunal conference. aud the !';en·ices are couducted in o • .,. Chip!J"'m 

langunge. 

Tho tribe i.i •lt>cre-asin(!. The principal di~a~c i.s cOU1i1t1Hptiou, alway~ attributed ·t() exposnr\". w:wt. a1~<l 

ditit!ll:!>l". coutractt'<l by 111ixittt;! with wbitc men. Ott bl'ing int~rrocrnted as to wbetLcr they were not more t·SJ!il .. t:lll 

wheu in a sa,·a~e state, they r(·plied : '' Yes: hnt we were hardit.>r :uul had neHr been t:Htght to wear «·h it l' wt•u'!t 

dorbcs. ~ow we haYC got ~<· •l tu th~1u. an• I :trt· oftcu without t-uough to co\'er oursch·es, a1Hl tbu~ :-;ufler murc 

than the wllit-<' wan. Bt•l'ides. we II a d m:llly I'm.,.:. .. _ 

There i.J;.l\'C be(:'ll lU deaths tluriul! tile _\'C'al' , 1 ;Hlult ancl !I l:hihlrt·n, all in tbc pa~au H·ttlemcur. 

Ill thr npinion uf the llumin:tl dtieL .Jo~•·JII• BracH~y , there n re li white f:uuilic:$ uo'~ li,·iug h t-t·e twl:n.-f,,lly. 

cuttiug timh~r and fotnniug- in :t ~m:tll way, whn daim to oct:ltJlY umler llome!'tf:'atl law. Other:;: h:l\'(' h•·t·Jt )lt'rr. 

cut the tim her, antlnu•\'t"d awa.\'. Al·<:nntitt:.:· to rit:nre-s g-i\'C II by one of tht• chi<·f tue n tlu:•rto an• yer .i.-'-'0 :11'1'1':0: nf 

land ltt>longing to tiH• tl'ihc.•. di:--:t rihllrt·d as fpJio,,·~ : 

:\<> t t .1wa l .. n~lut •. 

fJl'U\'t•r '"'"'" .. h'!' 

bat,.lla lt>\\' lp<lup . . 

"'j,.,. tuwu,.J>iJ> .. 

llf'\'t lid.\ IPWI\ ~111p . . 

l11 a r~llllltt' jl;trl ••f ::\u11:1wa '' ''' '' hiJ • i,- :1 l•au•l o f 1';1;,!:111 ludiau ~ t·till~i~rin~ ur $ r.,mili\·s. in all:::.! 1"'""" 11 :-.:. 

All arc tli ..:l'lllll \'11 1\·tl :llt•l wi~t·nthll'. Tlu·.'- t in a litth· ""r\.; wht·ll they 1:an ohtaiu l'lll}llu.\· uwrt! :II ru lltt~:ll 

lahfJf. :nul m;uraJ,."•· tu l• :d.st 'in a fol'lunr. lrt~jwlt•.'." wa.L Tin ·,\' an· :-.:ickly, and han:' 11 o t'lock <•x •·C'Jtt a p:lir .. r Jn>ll:r·~ 

lwlou .~i U\! t\) I lie c·hil'l· . . A ·kl•tr -ht"l. \rh" i.-. •plitc iutt•lli;.:t·HL aud whQ :-ays lib pt'nJlll' at'\' williug- 10 wnl'l> if rlw~. 

t'tllll•l lH· ~Urt• uf tlwir I:IIHI;o;, wll k h lw daitn .. tin· whitt• 1111'11 uht:~iiH"tl nudt·r fal ~t· prt•flo u.ses. Thi,.; i."' :11,.;.• 11 " 

l!"l'llt'rall·umpl<litJt of tin• c·i,·ili zt·d lutl iau . ..:. 

Tin~ p:1_:_:-;n1~ han• fl·Jo'ti\·ab a r1d 1r:tr d:rlll'e .... dn riu.:: tlu:- pt·rti.Jrm:uu.:f: of whid, tla·,· an.- drc:--:,.;1•d in twtin• t'""' ' 111111•:'-. 

w-hich ar<' t·:tn:fully pr<'"'-''"'('11 fur tl•t·:-.•: un·a~iu >'. Then.- is ;t umrk~d •litt4:r<'IH'<' ·h.,·tw\'ell tlu· apJwaralu-t· .,r tht 

pa:;an ;uul ci\·ili u•tl ltuli;ttt.-.:. llu· :l•h ant:q~t· ht it~.c- :,!tc:\tly with lhl' latter. 

-·--.;-:;.1.: ~;,~ .; .,, , .. :;inu!! nil ..... •<'•·A·. owl !:·•· r .. r :: " :•·-,.,,.·;.: ..... ~-;:-.. ~;~~;~~ ;;;:l~:;::i~~~;:;,~~ . ."~ l u<liNn. -~;,.;::._ ~~:"' · f'"t:~~: ~;:t •• i:· . 'II .. -l'"'~ .. d•ll .. i•tbe n·euh ,.( th.-1'.-to ~" ~ 
109 

II :-.·:0''1. 
110 

CONDITION OF INDIANS-MICHIGAN. 333 

the Ind.nus of tlle reservation· haTe impro\·ed ruentnlly, they have degenerated pby!;ically. A large 

t:ntirely iinprovident, saving nothing. A few own farms, employ a number of men, and have horses, 

other stock. Some are. very irit.elligent and \Veil educated ·and own good' houses in town and in the 

(jUestiou of mora13 seema to be a disputed one, they claiming to possess a fair share of morality, 

white neigbborg g~nerallydo not agree with them in this particular. That there is an almost universal 

iutoxicnting liquors appears to be conceded on a1ll'ides. They are pe:u:.eable and honest. 

land of tbc resen·ation is generally of good quality, and if cleared and properly farmed would. be quite 

but they ha,·e not tbe capACity for prolonged labor of any descriptiOn. 1'he greater portion say that 

and more pa·oaperou wbil6 onder t!Je c:n~ of the govel'mneut than at present. They are 

L'ANSE RESER\" ATION. 

are 450 Cbippt>was ou t.bi~ reservation, and the Chippewa lnuguag~ is spoken. ~early one· half are of 

all wenr citizens' dress wholly, and none are polyga01ist~. 

2 missions on the reservation , the Roman Catholic, Sitnnted on th"' -est shore of the bny, 8 miles 

village, and the llethodist Episcopal misaion, 3 mil~s northea:st of the town. itll few exceptions 

20 year8 of age c.an read their O\t'll language, and a great majority (over seven-eighths) can rt>.ad 

spe:.tk English sufficiently for ordinary use. 

3 schoolhouses, 1 boarding school for girts, 1 for boyll, anc.l a govern went schoolhouse, the latter valued 

aro 52 Indian scholars. The building for girls is of stone, 4: stories high, 40 by 90 feet in dimerision~, 

acc,om,mo•datiOllS for 65; that for boys is 3 storieJ high, with . an addition, and will accommodate 75. 

in excellent order and ·well ventilated. There are here also 57 whit-e children, orphans or. hnlf 

·suiJported by relati\·eB or by ntrH:~utious ~~the Roman Clliholic cb~a rehes. Indian a~1d ~~~t-e 

to..-etber dllilV. · . ..:. · ·. .:~. ·. . ·.· · ·: .~ ·~ .. · _. : .. ·. :.· ·· ·. . . . .. 

0bright, cl~nly, o~elly, ati~t apPur·entii Ii_&[)PY· . Theyha~~ a ftne pianO, upon \.\"h~ch aon{~ Or . in a very Creditable. mariner. ·:·All i\re tiiught Yotal music. ,.Air _a general rule they_ are too 

but wbeil old enOugh· Are sent aWay to· ifarn · ir8de8 aDd, ~u:~ cr : klnds-' of busiue&~~ . . The · 

instructed . in housel\·ork nd ~ needlewOrk. The scholars arO"i&ll inembera.··or the'· cliurch •. 

of stone and costts,ooo, which 'was dbu~ted by members of the dioce~e; . All are ofth~ Roman 

The priest reports tbi.t:-tlie.tribe.is incriasing at _this phic_e ·anu th~t ~~ diH.n e.t8 afe ~ot 

titl~s to their la·n·d:· . . ~b~ . ~uissiO · ~s. ~~ntir~ny l~ate~~: .. ~~~ .: ~h ~l;ti~d.r~u appeAr. ~o be 

10

"

1

m'"i"s'sgieo,

0

n

1

,.i.s l goverumeu_t :::cbQOI4ouse, Which ia \"Rl"fled ~t· -..500~ and .. will · accomw~ate .ao· Indian children: of school. age withi~ the. missjou_ precinct;a .... TlJe aver:age. atteudan~e is 

present for 1 inoutli"du.riilg" the year, 34. Many will attend "school for a short time; .then 

1:1. longer or "sborter period, ancl again retnrn. There i:t 1 church not belonging to ~e 

Indian members of the Methodist dt'nomination. · · · 

mission, of whom there ore 27'0, own 2 fra10e atid 53 log houses, ond ba\>·e duriug tbe pa.at 

of butter nud rai~ed 1,200 bushels of potnt<.es nnd 50 tMs o( hay. They O?tD 15 hor~, 

very intelligent. The loud iu general is not considn~d \'erY good ror farming pUrposes, 

and grass""' or good quality, if not abundant. . . . 

· by the Indians n.t both missions, tbere hs not mncb drunkennesa a.moug them, although 

for intoxicating li<JUOr!:'. .· 

stnte.<s tlmt 200 Jurlians ha\·e rccld\'ed treatrftcnt at itis hands during tbe yel\r, 

lie t1lso reo ports 12 cleuths in tho snme periOd, 2 of old age, 5 of consumption,-! small 

Complnint."-, aud I man frozeu : There l.ta,·e h~en 18 birt.hs. No one ha.$ bc<"n killed aud 

crime dnring the ye<tr. , 

the tribe work at farming , lum1.H•ring, anti qunra-yin~. They also ftah, hunt, 1-md trill'· Iu season 

oltl, male and female, cugag~ in IJerry-pickiug uod root. gathering. 

to lt.'\t.CDieUf8 Of the 1110:5t relinble Dtell. India II aud white, thtt tl"ibe is decreasing; cause:-:, deatb 

they are iui.elligent, twaceablt , houe~t. aud fo1irly itulustrious, though restless and cbnugeable. 

hnprO..-etlmentally mad tun-e uot clt•gent-rntt·cl phyt"ically. They nre generally self-1mppor~ing," 

0:\TO:'I.\GO:\ RE!:!EH\"ATIO:\. 

~•a occt:1ou are s rarity. There are nut more tlum :J f'a1oilies iu the secUon, and tltese are to all 

lleOJlle. Their chihlrf'u attend ~t·bool nnd the oldu onea are married to whites. AU 

do, and would resent heing elR9sitied as Indian~. The land •!lotted to the Indians is 

ne\'"er beeu oct•upied by them. The Outonagons &S a band are e:r.tinct. Those who are 

~ar and ''"itle. 
111 

334 Rf~PORT ON INU!Al\::; TAXJ,;D ANU JSU'l' 'l'A.U,U. 

Besides those with indirect relation&· to tbe old reservations, there are groups of Indians in a number 

counties no longer connected with any reservation or any epeciu.l administration Of Indian interests. 

M~oM COUNTY.-Tbe census enumeralOr11 found 335 Indians, under the name of the "Ottawa autl Chippe 

tribe", residing in Mason county, and the Ot~wa dialect is used. The people· wear citizens' dress wholly, •• 

with tbe exception of 20 very old Iodians, are of mixed blood. Perhaps 40 over 20 years old and 80 under th 

age can read. · · 

A. majority of the ch•ilized ~ale Indians can use English sufllcieutly for ordinary intercourse. altboucb 

atranrer can obtain but little information from them. They "'ill answer their minister and teacher l"t'l1dily, a~ 

it is mainly through these th11t facts are obtained. Some, howe\"er, are intelligent and educated, aml bad : 

hesitancy in answering. Indian women, as a rule, do not speak English. 

There are 80 Indian \'oters on the reservation. They have no Indian school and uo Indian c.'hnn·h, but 1011 

children attend district schools, aud nearly all, young and u1d, are church member$, the younger }Xlrtion bei· 

baptized at a very eurly age. Three hundred and fifty nre said to be cowumnicants, h~· tar the greater numl 

being of the Romun Catholic faith. The services are couductecl in English, an interpreter being prE'.sent, • 

translates for the beueftt of the Indians. ~inety families own houses, 10 frame and 80 Jog, for the u1ost part no 

and comfortable, with a. p~&tch of ground upon wbicl1 VP.getaltles are culth·ated. The gl'eater number of lndit 

folloW a variety of callings, sometimes logging·and I&Uoring, then fishing, hunting, trapping, pi<·kiug berriea. 

gathering root-s, according to the season. Three-fourths of the tribe are at tbis time (last of Scptt-mUcrJ in : 

woods gathering giu~ng root, which commands a good price. They raise oo produce for the market. 

1."he 'tribe is decrer..•ing rnpidly. There are 'mulattoes, but no negroes, quadroons, or octoroons here. Tb• 

is 1 blind and.l deaf and du.mb person, but none are crippled, jnsane, idiotic, or del\>rmed. SOl en d•atbs lu 

occ:urred during tbe year, ·.5 o( eonsmnt•tion and 2 of nnknowu diseasea. · :!fo Indians bave been killed in tbe )"• 

8rided SepteUiber 1, 1890, bdt !"Was murdered io' Juu~. 1.889, arid a wb~te m&D ·is nOw in pri~n tbr the crilue. 

w~ite•.~·!~.been killed .a•~d. ,l'llne ·~ nnlawfnlly on t~l!. !;""e.~vntloo.. .· "" ,, .: 0 • . ·: 

: ;_ T.here. ~ero originally ~/ull Jown~,iji~ ln. th!• ~ation,_lmt h~1f n1u~b no\V belongs to tbe Indtana !• 

ddl\cult to oseertnm. lllucn.ot, tbe property Ia tnortpged, and in aucb caaea '" seldom redeemed. Three·foa_r· 

o(tb~ land· would be ~!IJt!lil~)f cleared.· .It hi ibi!iJ;IY:: timbered .a~ d. ;well fitted for farming purposes .. , 

rioj&i)lder i.s now (line otum11.1.and an<! is .••ot so .valo;uiJ;>,le,, The pri~e ja from ~10 to t~O per acre, acc"(lrdiiiJ 

q~~Jityaud_locotion. ·-.~~~:.>~· ..... :: ; ...... r/.·: .. · · .... :. : .. ~·.• ·,- -~ , , :; ~~· Cousum~tion ia the 1ue_V~ili_og disease.: .. ~11 nre' addict~d to liqnor drinking, though many do uot iodulp_ 

. U:Ce&a. . ~lie .Indians are. ~Wing weaker Pbyt:iCauY bUt better meU.talJy. They are usually honest, aud. ~ 

m.orals. ~re gimerally good among tbemselveo, but be~Jile bo.d wben miogUng witb the whites. .·} 

.... · ..Geite~ur they d!> uo~ aee_na.to know ~e· ~rat.J.u_dimeois of e~llomf.:.' ~4ere are of cou,rse so•ue ~ 

8Xeet,t_i0ri~· ~o this r~Ie, rof.ini.ng; _liowever,' a vefy sma{~ Winority. .. , .. .' ... ·, ·. · ~ 

··: In the ~eep woods of ._Shef~an towogbip is a b1u~d o~ pagau Indian!.. They number 75 members and bll .. 

JOg cabiDs. A few live in wifiwaois .. The baull is generally unhea-lthy, ~d the children do not attend any H~ 

~he chief claims tb01t they ~reas l1~ppy now as dul'ii1g the agency system, w:hile a fnU.bloodell Ottn-\VII, npl · 

think~ ~he tribe bas not b~ .h~Jlpicr since nmagli~tg _ll•itli the whites nor better off' than under the agt•ncy •. · T1 

~lie\·e in witchcraft and worshitt.imagma•-y gotlst ench hn,·ing his owo deity .. though all recognize the exaate' 

of a Great Spirit. There 8~ ·IiO farmers Among thew ami no stock whateve-r: They u.Be their owu medicinrl 1' 

employ uo physicians, and (Jr_ef~r to live by themselves, aS fa~ from civilization a...q possible, but they receive If• 

help from the whites. They 8.8 Well as some of the ch·itizecl ludinns ~.hink the governllll'Ut uwes th~ OtrawaJI: 

Chippewas a considerable smu of money. · 

.OCEANA COL\"T\".-Tbere wer(~ found· in Ocl'ana couuty, adjoining lla.inn countr ou tiiC' ~onrll. :!71 lnd!•· 

whose gPncral conchtions are kiutlred to those :,riven fo1· Indians in l\lason county. · 

HeRON cot~N1'Y.-lt wns learuell that there Wl're but 8 Indians in the (·ounty, 5 maieR and 3 ft•mah•l(, und 

of these, excc:>pt 1 old man, were absent from their hom~s much of the tfme. Years ago each Indian touk up 

acres of land, but tlnriug the war a huge number, afraid uf beiu~ rlrafted, solcJ thl'ir lands a net wt'nt to ?""rl But few returned, and these, with the esceptinn~ aiJo\"e narnecl, h:\Ve disposed of tlu::•ir propt>rty ancl ll•ft lor~~~ 

unknown. . 

Gb:NE!:lt:J.: COI"STY.-There arc .") families of Chippewa~ in Gaines township. ThE-y are of mixecl blood'; 

own 160 acres nf land and r;:ome hor~e!1:, drt•ss iu citizens' doth('~ and ufe the Euglisb Jnu~nwgt'. '~' .. '7.. prosperous. Tbey <'Ousitler thern~£'1\"e~ ('i\·ilizetl. but do uot belong to anyl:hureh. Thl·~e are all the lnchnul 

found in (~eue~t>e county. 

8A.GISAW <'Ot":STY.-:There are nt-arl~- 100 Chippewu~ distributt'd tiH·Ougbont the south anrl e;1~t co~' Saginaw county, all of mi:ted blood. wbo dre."s in citizeus~ l'lothes. The males :-;peak snftkieut Eugli:-;b tor 0 aJI'I• 

i~tercourse. A few own farms aucl stock ancl al'e prosperous, but tbe majority are poorly oft" and quite 6 ". J receive assistance frum the whites. d 
112 

list of Indians by counties at the _beginning of this report on :Michigan ~-m indicate the number in other 

Their condition is like that in the counties here mentioned. 

is a government day school at Baraga, Baraga county, with an enrollment of 36; a contract scl10ol at 

49 enrolled; a government day school at U Anse with 30 enrolled; a cont~t school, Harbor Springs 

at Harbor Springs, Emmet county, with an enrollment of 107. 

GENERAL REMARKS. 

Indians own cows; even on the larger farms their absence is noticeable. These people are not very 

and are foud of liquor. They have no idea of economy aorl will ne,•er succeed until they have learned 

and manage property. 

1 Indians otl' reservations are scattered singly and in groups along the shores of the Great Lakes, 

of rivers, and in the woods, and it would be the work of months fOr any person to visit even ~to 

them. They are poor but sE"lf-sustainiug. The greater number of the. Indians on the I~":abella 

are disheartened and dis~mtisfied, and in my opinion it would be better for them if the goverment could 

and impartial man (detail of an army officer would probably he best) to act as agent among them, 

no knowledge of boi'1iiness matters nor the least comprehension of their rights. 

edUcation would be an exeellent thing for all Indians in the state. They·willuot now force their 

attend school regularly, and when t-hose who go to school return to their homes they soon relapse into 

and ft•rget the le~sons that have been taught. Education nod constant good a..~ociates are the ways by 

: can best overcome his natural instinct. and become a respectable citizen: 

chiltlren in boardiug schools, where they remain until their education is completed, of course 

than those ·not having such advantages.· Their tMtes are elevated, their ambitio~ is aronsed, and 

their old ways is crented, wbieh is seldom· ei"otdic~ted •. If th,estate.or natiOnR~_·government would 

I maintain an industrial·~~~~ rOr the yoUnger IDd~aus in th~. state, i~:. ~o~l_d_. b~ 8. great benefit 

- .· ' ' · ..• · ... - ./... . -..,.·.: ' ,.·. '·.· :-..··.·:::· .. : ·,f:, ._: .. · .. : ·,_·_.· . 

among· Indians hi.::all Parts of ihe_ west ltM led fu .the belie(tba~ .. it Wo~~:~~ m·t{cb better 'ror tb.eol' iu granting them lands, would give alt.ernate se_ctious aud let white·IIl~n ~~~~.~lie iute~vening 

so allotted to Indians to be held in trust fOr B. number of years... ":·:•.::;~ ··i•-···::.: of old is doomed, au.d it will be best for him and the country if bis extini:t!Po is B:ccomplished Wiih mental elevation rather than With Partial starvatiori· S:Od neglect, as is noW 1Hrgely.tb8·Case in Michigan. . . . . . . . ;~·· · . 

:·' 
113 

78 tiEPORT.ON·lNDIANSTAXED AND NOT TAXED. 

lSDU ... "f TR1781". FUNDB JUNK 1, 1890. 

As sbown by the table.1i below, the total oC truot Cunds held by the United Stateo Cor Indian tribes amount.ed 

to •21,2«,818.39 in 1890. The following is from tbe report of the Commiaadouel' of Indian A.ft&ira for 1890, p~ 

O:U:VI: 

TRUST n;NDS OF THB FIVE t.:I\'ILIZED TRJUI::S. 

--~~= --- T~:-~-:;-:;--r:;:.-:-;-1 ' j trbtdp&l. : IDiot ..... L 

Tut.l .·~-~= ~=1-~;:-~;- ···· ~JJ-~:; 

.=:::::~:::::: :::::::::::::::{- ~:::: I~ ~::::: 

I 

Cltocta.-•..••••.••••••••••• •.••.. 

1

. "'·*·1• . n.tu r~ 

c-u .................... ....... t,ooo,Ot'.oo; too,OOO.GI.I 

tiM!iDOIN ••••••••••••• ••• •••••••• : 1,6GO,OOO.OO ~ il.IIOI. OO 

TRUST lo'_UNDS Oio' TIUBES, OTHER THAY THE t'IVE CIVlLlZBD TlUit£8. 

~~-----···· ···· ··· ············ ····· ·: ... ~.: ........... . ............................................................... '()ru,a..... . ........ -·: ..... ~ ....... : ... . . Ot.-.aactH~rt ............. ; .. ..... i." .. ~ .•.... .'.;.: ....... . ... ..a-.. : ...... ;;.: ......... .. : ................... · ............. . 

~ri--pal. 

m.oao.ot" 

IIC.ON.ir 

.,.,-.·g. 

SS.IIL~. 

··-· te.11'1.10 

-.oeo.ot 

" tS.l40.f.!: 

I,IIS.Gio 

~-­ ·-· . ......... ··· i.~CI!"-C!t 

,• I.W-00 
114 

REFERENCES TO INDIAN LAWS, REPORTS, AND TREATIES. 

References to laws, reports; .and treatieS are as ~ollows: 

}-,·o;·allludinn t~nti~ and iaw~, ~United States St.·ltuta'at Large, 17i6-1800. 

For a "statement. ahowiug the present liaLiJitic:e of the Cnited States to l11dian tribel Under treM.ty etipnlatioos"; tor a etatemen~ 

of" trust fnnde" autl trust lnnds, being ''Hat ofname>J of Indiau tribes for whom atock ia held in trnat b7 the -So.:i-.eta.rr oC tho Interior 

(treaAurer of the United States eaatodian), abowing the amount ~tanding to the c.redi.t of each tribe, the annual interc.t, the dnte or treo.ty or law under which the io\·eataumt Wlla made, and the amonot of al..tatracted bond• fOi whicll COngreu bu ~Dado no npproprilltion, 

ancl tho nnnual iutcrCl'lt ou the aame "; for "list of eecnritiea beltl for iu\"ested tribal fuo!la"; for All e:~peoses, rcceiptM from sal~ of 

Iodiau Iandt<, appropriation$ by Cougreaa, An•l expenditW'N of the aome; for ''schedule showing the names of lndiRn reservations in 

the t:uitt~tl State:~, ag~ncics, tribes oecnp)·ing or belonging' to tho reaer-ration, area of t-ach react'\·ati.on 10 acrt"s ;tn•l 8(JUilre miles, nnd 

nft~rcuce t(• treaty, l:Lw, or other authority lo,\' "'hich reaenation11 \-rere established"; for area. of arable l:ind on the Se\"<rnl reaenatioolj; 

for c:tccuth'e orders relating to Indian reun·ationa, aml for annual tahle of statistics relating to population, industries, nnd sources of 

euloaisWncc, together with religioua and vitalKt.atiatia, •~ nunual report:~ of the Commiaeioner t•f ludian Affairs. 

For I:LW!!I relating to Indianl, aee ft'Jlort of l'ulolic Laud Cornruiuioo, 1880, law:~ and deci1ions, nml Revi11ed St-atutes of the t:nited 

StaW:!I, ae<'tiona2039-2178; fur performancl!i of cn,_:agcmcnta l..oettrf'C\1 the L'uitod States and Indiana, aee RcviKed Stalut.es of tbe t:nit.ed 

StatOll, acctiona 2079-2110; for go\·erument and prott~ctinu of Indian~, Bt:C RHiBCd Statutes. of tbe Unitt>d States, aedions 2111-2116; for 

go\·ernmcnt of Indian country, ~~ee Re,·ieed St.R.tnh~ of the L'nitetl Statt>s, sections 2127-2156; 6 Crancb, 6-16; 8 Wheaton, 543; 7 Johnsou, 

24.6; Indi:m treaties, Vnited Stntes St:ltntei at Lar~o:e; 01.ct ofCon~ress )larch 20, 180,1, section 15, dhidiug Louia•nna. into 2 territories; 

Bump's ~ot.u of Con~tituticnal Decilioul!, tilles "lndian:!l" and "Territories". 

s~e ala? t'nited Stat.ea Senate report, by Hou. J. H. lloolittle, cb:lirotan of joint committee of CongreM to IDIJDiro into the cuutlitiun 

of the Indian trii.Jea, and report of tbe !lldiau Peace Commission, 1867-1868, General W. T. Sbermau, chairman. 

Sec also .-\ DeacriptiTe Catalogue of the Go\·ert.ml'nt Publications of the United Statu, Scpt-embt>-r 5, 1774, to :}.larch .t, 1881. 

B('n: Pl:'rley Poore. Washington, Government Printing Oftke, l!:<M. The titles of all go,·emment pulolieatious relatiug to Indians and 

lmlum atfaira frow 17i4 to March C, 11S81, can be found in ti.Je ind~x, png~a 1302-1304. 
115 

co:mtTIOX OF l~HUXS-lli('}])GAX. 331 

IUil(tl', *llld tbp Outona~ton I'P!'tr\·;atinn. t·outaiuin&! G;'B Ac:res. or 1.1 5(1uart mile:ro. Tbt:~ reserfaliona art the 

rfD.tuauu of Jm·J:!t> tracU wbit.:h ).,,,.<' bt>t·n 1' 111 't' 't" d utul alluned to the ltlflums. Tbe a,::t-u<·r ut Mnckiuac wna 

abulh·h\'tl \"· rht uet (II Cuu~:r·c~:- umkh•:! ;1ppruprinliuut. fur the hulinu ~t.'r\'lt t' .lui~ · 1. l6!t0. 

lutl l:lu~ uu"«" iu ~lil•hi,: u lift• da~:owtl a~t l:'l~tocl. TIJl')' \ftrto euumerutl'fl U,r ll1e l'e;!uhtr t.•uumez·aloz·; aucl countc·d 

iD till' ~t·tn•ral pupulaliun uf tbt ~t:lh·. 

Tlu- tt~t> nl, iu bi:o. W(ttta·t ten l~"if; lc• tin• l'oeumitt."iouer or Jucliau Af"tir,.. ~y~: 

'I'Jw 11"h:.11s of )lill"biJ:IIIJMrt· ... u t"lh1..-u ... •re ' 't'lt'n-.abd .. Jirit4C' ,.,. Luld u1ti~. Tbt'J' •r.·uut klu•wth •or ~'O«Itlt..d l•y tribal rel•tioaa,. 

•ilbeor t,~· .. 1:.1 .. law .. "' tkaU-., uu•l 1t1 .. ,.,,. lr .. J....c:C. •c• f;•r lUI tb" ritbs.. llf ~• izeu,.baJ• ar .. r••nt-..rawd . the-,- •t:aaad un au f'ttluaht, witt. 

tbc- """'' .. , Wlulr uo lril l t\'I:111Uh .. rsi .. l. ,, .. , tlu· hnhau" :aaD111dly t")f'ct r1&1b u( lbrU unn1lwr. whuua tbe,· c:allt·bll·f,.ur b••••hucu, 

'wbo"'' •lut• 11 ' "' 111 rrau":arl alll•II .. IUI''"~~ "nh tlat- a.~l\ rrum rlll ur tbt' Jud1:m oa ~t!U t, 1'11~11 ~tiii•:IIOC''"' :uul fiiiJUII:•tU•lh•, wlucb tlu·,r rulltoidcr 

at l11111111'1.: 111••11 tho• l~ml. 

III:$TORIC UE\"11:: \Y. 

l 'iw llu liau~ nf )Jil'llijllllt ;U'l' :tlluf Al;:cur&.iau •ttwk . 

Tlw rriltt:·:<. kuown a~ tbe t.' hiJil"-'"":ts, 01101\\"illil. :mel Punawa tolllil•,.: , .. ,uq ~~~·tl the.· aburtguml f"IJ'U)ottiuu of 

llkhl;.!-111. :\I au,· uf tlu.·st• Judiau:-~ an· uuw 111 Knu,r.a.,.. .aud Jucli;m territor,,·. 

Tlw t·.u·ly Jc:-UII~ fuuud th~ )lit hi~ m lurliomt' ~nod uaatt.••·hll ti1r laUc•rllt,:" with. aml 1111U1~1 uu s mh:ttinu-'l trt•re 

•shlhh .. twd. Tlw~· 1C•1Uttl tht• ltuh ~ lumt~r~ tnt)tJM'~ fi~h~riio.. ilhd ~h••I'J• trad~t1i. Tin· IDthUIIS 1i~cl ot11d t'ttld 

pro,·i,.lull:-. omd. althuu::l• ar;rit·uhnmll~ iudin~l. uft(l>r i.he 1-"n•uch tfC<"ll{'lnlic•u tl1ey th-qut·utl~· :1ttackt"cl tit~ 1-'"t't'ucl. 

(KISb. TlwSt· Jaulia1110 Wtol~ kt'Jil in t·unP.Ianr fl•uuhh• hy tht· elailus uf lilt •:u~rli"h tc• tht- lt•JTIIur.'· th1·un::h the 

lrtt<Jihrl,.;. "bu r:u·l,· pu.t(~~:tt•l tin· unuu ~- hy c.·nptln~. 1•ht" Jlnrous Wl•l't' tl1e nllit~ uf the Ft't'l!l'h, und C<UJl'tUIJt 

ilatt·i,:tw -n';ls th<'< no:mlt. 'fbty uidt•d th ~ Fr•nell in tlw dittu1trous border Wtlr \teotw~u Frauct· aud t:u{:'hu;d, 

· .\ th:r J·:ngl:\ud toul.; JIOI'I/IIt:)O..l'iun of :\lit·bi,an, til~ Ottawas Let·a ule n~totlt.•i!ii, ami in 1 ;63 l'uuti,u::'; eouMpiro.cy 

wa• t'urmt·d . ol Ull attt-mptro wcn1 UloHlt! to c:lpture tile Britit1-l! posts from !\ill£1\l';l to ('hicat:''• l'outim- J.eri'Onolly 

ondert .. km&;" to c·;lpture l>l'tn•it. io wbit-h ht< failed. Tb~ autad~s on the \'Rrious p<•&ts were nutde 011 one day, )la.y 

'·1, J;'tt3. Tl.t~ auu,·euu:ut ttult:tl in Uu~c=•rtureof9of tlto 1:! JH..I~l$or forte, bnt Detroit wa~sou OO thruurb iurormatioo 

:pven hy ;m ludiau womau tn tbe «:flmmaD.dlttlt. Aft~r t11is a tl't"aty was au,de with ae,·eml tribe», but J•oouac 

·.lteld out nutill;'G.i. Uetruil becalm~ tbc ~uter of Uritil&b frontier powu aft.tor 1763. 

;t' . Grt';at Britaiu began to cuc:oura~c- ti~hiug aud the fur trade, :md made tbe ,·a.riont tribes 1tllic·•· Duriug the 

~, nhniunary war llicbigau was a British c.."'iou~·, W'ith lieu.teua.nt ,;c•"eruor$ at lJelroit aud ltaddlt:lW. Yast 

'&IDOUDI!i of su1,1•lihl aud urtna~ anti ammuuitiou Wf!l'e Jit'tD to the Judiau~ ti'om these l•uiot&.. nud bountiu were 

'li\'tU (c•r :!ocillps. GO\'t'ruor n uwillou reported in .li\IIUIU~·. lil-'5. tluJt tlw lutliaus h;.\d bruught in !!a J1riiK'Inc:raa.nd 

~!!9 •a lp~ . Ju St'pteuabcr, liiS. lu.· n,:::,iu rt'ruru•d thut "siucr la~t )lay th~ ludi;nu; han• takeu 3-l pri~1wu, 17 

or wbicb tbey tl~lh ertd ur. and ~1 ~lt)S ... It i25 ~~tiwoatl'd that IIIUI't' than 3.fMa() )ltrtWUS were lll'nlped or wade 

PriaoucrA ,,( war by war J)llftil')O. c•f Juc.liaus a111l soldier.,;. fr'OUI lJt'tmit. 1'bt$C val' parties weut ;tti fur lOUth as 

K~atucky. 

· Aftt•r tbt" Re,·olntiooary war the llicbi~an ludiauA sulleuiy subnun.._l tu tiU' rule nf tlw Unitt"tl St.:ttes. 

Go\·trJ•ur llall made a tre;•ty •·itlt tbcm in I :it'S. ulttouuiu;:- c.:t"n:uu htud c:~S$il:m~ fnuu tbem. whiclt tht)' ;~f'terward 

claht~l•d tlu~y did 11ot undcrstaud. 

·: . Ttenm,.eb. tbe Slmwuel• c·hicf. who li,·rcl at rhnt thnt on tbe UJil'Cr \~abn,.;h, rft~·trd gru,lnally a ubi(lll of 

tribe" iu tht- territor,· nuw iu ludiaua. )Jidtigotu. und n JIC•rtinu uf llliuoi:.~~ nud (.)hie•, n11d brgnu "·~u· ou tbe wbites. 

In 1:511 (;coenl.l \Yillin1u Uenrr Flnrril'uu th•lt•trteU him ut tbr hattlt• r,f Tippct:uu ot·. n.1ul at·~ fi.1r n tiuut fUIIowt"d. 

ln ti.Jc \t'31' or 1~1~ the )lll'ili~l\h lruliall~t a,:uill bt·t'AIUt alill'S ur Grt'nt .Br.wiu :uul ra\'UJ:Cd the! onrtberu 

lrontiet·. .\I tbe 0.-ttle uf ~rcna·bwwu. ur ~"UU l~nh~al SUlll'" J'Ohliet'"" t•nh· ·~v to!'lt'Mpt·d t·:•ptnr·t·. 1uort- rhnu o~uu were 

killed. aud n12uy ntbPrs trt'rP lol(':\IIH."d 1111 tlw ·~ ·~· to :H~hhm . . 

Le" i~ Cas...;.. me ~1\ t•riH•r ur )lichi;t:lll. a l'tn lSI:! IUilllt.• trt":tlit•:\ Willi tb~ nrinu ~ b,·liau rribt•,C. ror t'f'QiOtl$ of 

lbeir l;.nd,.; DJt tu 1~:!1. ~ltd •·a,o lunl.:t"CI "l••n :a~ rlt•ar friNtcl. lit• ,. _.~ 4!':\': Hllk·au ICIIJH"rinh•tnh·ut uf lht•lurliatt agc:bey 

at l>.rr.,it •n•l lht ••=:•·nt·itl' :11 f ' htc••::u. •·urt \\';t,\'Ut·. liF'\'f't1 H:ty~ lhtd;iua\l'~ Pi•1•m. :md tht• "nh.as:t'ucic!i nt 

Blaucbanl:t fhrL; aud I.J'I"''r S..uuln .. L:y. lu lh~ lh·lrHit :t:,trlu,;y :tlnuc..• tltrt-. 4.'l~ tHIU huli m:o~ n•ISJ:t fu a rt•J•ort 

to tbt \Var l)(·p:trhncnt 111 Jti:!l 4 tu\·t•r·um· f..' ott.." -.·rut~ lhar •• 11n· (;muh ,,.. th·h·eu fw111 uut• t• XII'\.'Ittih· of tlw house 

to tbe- tltber by tlw1u -. .\ t thoal t iult' .Ill(, ll~tlmuro mTi\'t•tl tloul~: ;11 lt~,·;r utt. Tlu.• Br·itijb h;ul h.·d nll;ll'lulht"tl thtm 

1rb~llll t pu~!llc:Osum uf ltl•II'Hil . mul (fm·l•ruor Coa,o..: wnte ltnW t"Xpt·t·h •c l tot),, it nn bt.-ha lf uf the l ' uitc•cl ~t ttc :;. :ntd 

during lio yt•nrs lw 1•aid uU( +-ltMI,tiUU, 

Gtu~ral )lat·omh "'Jl\h• 111 Js:.!'t th;tt ltc ull•·u tll•lailt·tl "'"l•hL·r,.. ;,, a ;puard to tn·utc«.:t lltf' fitunly ula (jun•ruttr 

Cas. f'tom tlat' i•al"•rtmutiL·:' ul' tllt' h ult;a.tu·. lu l:u·t. tur a umnl.M·ruf,·L·arl'Hun·rum· t.'u~" lot:)•t tt)H'II bou~ uud a 

eou.taur fe-ast on the taltlt- ti•r llhnvis. ludiaba, lln·lupu. and Ubiu hulioms. 

Oa September ~'tf. J~. ut l~bi• •a:u~ a tn· •ty •. ,,:e moult 11o'ilh I Itt• ('ltiJ•Jtt Wot~. Ultonul ... :u1d J•un;e•·ntc•nlies fw 

~ir removal ~~ t1f tbt )fi,.."i~SIJtpi rin·r. Tbi" tft'Dty -.·u:oe J•rudolimc·ll f"•·h•·nary :!1. J:o\J..t. nml tbeftnlltr" large 

PGrtion nf tile lndrun" nnlllt-41 wt•J"e •·t•euun·d. 'J'bf' l'ott:a• nhmuL·~ n•muH•tl mnlt•r tbitl 111:':11!' Ill'\" uow iu 1\au..aa 
116 

United Str.tes Dt]JC~rtment of the lnterior 

BUREAU OF !!'DIAl'.; AFFAIRS 

WASHll'GTOl', D. C. 20245. 

ZS.:Ul.Y~'rOI' · 0 Tribal Government Services l) 

Memorandum oO t¢5~ F£8 11 1976 

To: The Solicitor 

From: Commissioner of Indian Affairs 

Subject: Status of Grand River Ottawa descendants regarding 

eligibility for Federal Indian Services 

In preparing for Bouse hearings scheduled for March 4 on s. 1659, a bill for the disposition of the Grand 

River Ottawa award in Docket 40-K (exhibit A), we are again faced with the problem of explaining to the 

Congress why we do not find justification for a blood 

quantum limitation. 

The Central Office of this Bureau has been consistent 

in maintaining that the Durant Roll, approved in 1910, 

contains no blood quantum designations whatever, and 

that any roll purportedly derived from it cannot 

logically include blood quantum designations (see 

legislative report of August 21, 1975, exhibit B, and 

also exhibits C and D). Nevertheless, the Northern 

Michigan Ottawa Association for more than a decade, 

and more recently the Grand River Band Descendants 

Committee, has been developing a roll ·containing blood 

quantum designations of a minimum of one-quarter. Various 

exhibits attached to this memorandum, particularly 

exhibit B, detail the historical and current situations. 

Briefly stated, the Descendants Committee is adamant in 

their contention that, with the exception of certain 

checked names, all of the Durant enrollees are full 

bloods 1 the. blood quantum of contemporary applicants is derived accordingly. This developing roll is often 

known as "the Dominic Roll" and purportedly is limited 

to descendants of at least one-quarter blood. 

While the Central Office has been consistent in rejecting 

the enrollment concepts and procedures of the Descendants 

Committee (and the Northern Michigan Ottawa Association), 

the Minneapolis Area Office and the Great Lakes Agency have not only encouraged the development of this unauthorized roll but have made Federal Indian services available to 

Save Enero and Y()u Serve America/ 
117 

2 

some of the enrollees. This practice is known to the 

Congress (see p. 3 of exhibit E, Senate Report on s. 1659). 

Somewhat inconsistently, a memorandum of November ~4, 1975, 

from the Great Lakes Agency Superintendent states 1n 

part that the agency is not in a position to advise whether 

the Dominic Roll would be •acceptable for [blood quantum] 

certifications (exhibit F).• We are. aware, however, that as of the date of this writing the agency continues · to accept the certifications provided by Mr. Robert 

Dominic, President of the Association, and his wife, 

Mrs. Waunetta Dominic, Chairman of the Descendants 

committee. 

Mr. Dominic has made very' public statements about the 

number of individuals he has certified for special 

Indian services (exhibit G). At the request of Senator 

Abourezk, Chairman of the Senate Subcommittee, the 

commissioner reported by letter of October 29, 1975, 

that the Great Lakes Agency in fiscal years 1974 through 

1976 had assisted 37 individuals, certified on the 

Dominic Roll ~s one-quarter blood or more, in vocational 

training at a total cost of $73,462.78. 

The Northern Michigan Ottawa Association and the Grand 

River organization are, in many basic senses, functioning as or at least are accepted as tribal political entities 

by the Minneapolis Area and the Great Lakes Agency. In 

this context we invite your attention to the attached 

copy of the Ottawa and Chippewa treaty of 1855 (exhibit 

H) and Resolution OOlA of a •Michigan Ottawa and Chippewa 

Descendants Committee of Non-Reservation Indians•, 

particularly p. 2 (exhibit I). 

Contrary to the views expressed in the last cited exhibit, 

and elsewhere, by various Michigan Indian spokesmen we reiterate that we consider the involved Ottawa and 

Chippewa Indians, or their descendants, to have lost 

their tribal political identity in 1855. In our view, 

the only pertinent exceptions ·are the organized, · reservation-based Bay Mills and Sault St. Marie Chippewa entities. We have strongly expressed the view that 

the overwhelming majority of these people are non-tribal 

descendants, with the above noted exceptions, and maintain 

this view in the very closely related Ottawa-Chippewa case in Dockets 58 and 18-E~ 
118 

3 

Should we be compelled by the Congress to accept a blood 

quantum designation, the Grand River Ottawa case will 

immediately affect the Ottawa-Chippewa case and, we strongly feel, disastrously interfere with those 

situations in which we have found modern tribes to be 

the successors of aggrieved historic groups. Unfortunate 

precedents may also be established in descendant situations 

in various parts of the country wherein individuals have 

clamored for a blood quantum limitation. 

A speedy opinion from you on the question of eligibility for services will be greatly appreciated. It is our contention that without a legal opinion we will not be 

able to intelligently testify before the Bouse Subcommittee on March 4, and that we will also be unable to resolve 

the very peculiar and vexing field situation. 

Thank .YOU for your attention to this matter. 
119 

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·: IN THE HOUSE OF REPRESEXTATIVE;S : 

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I 
120 

Mr. RICHARDSON. Thank you. Dr. McClurken. 

STATEMENT OF JAMES McCLURKEN, Ph.D. 

Dr. McCLURKEN. Mr. Chairman, I can't present 160 years of 

complicated and detailed history in three minutes. I would like to 

make four basic points and affirm what these people have already 

said. 

The Ottawa people of Michigan have five treaties with the United States of America. They have by those treaties ceded every inch 

of the land that they hold in the State. They first ceded it for the 

right to remain in the State and then for guarantees of the natural 

resources they needed to make a living. They have lived up to the 

provisions and the United States did not. 

There has never been a time in the history of these tribes when 

they have not had functioning governments who dealt with Federal 

officials here on Capitol Hill where the Treaty of 1836 was made, 

or at the Office of Indian Affairs nor has there been a time when 

their voices have not been heard and their wishes considered, nor 

has there been a time when they have not received services from 

the Federal Government. Yet, through this entire process they have 

been told you are not a tribe. I concur with Mr. Brooks that if it 

looks like a duck and quacks like a duck, it is indeed a duck. 

I have been involved with these tribes for 13 years. I have seen 

virtually every piece of written evidence that there is and it all 

supports everything that they have said. 

At the same time I would like to say that I am also involved in 

putting these tribes through the F AB process. I would point out 

that the memorandum that was just read to you was taken from 

the files of the Branch of Acknowledgement and Research. The office already has all of the information included in their files and 

could not make a determination based on that. 

The elders of these tribes have always told them that they deal 

with the United States Congress, not a bureaucratic office in Washington. They are here today to ask you to support their effort to 

restore the rightful government-to-government relationship that 

was established in the treaties that the tribes have with the United 

States. 

I strongly concur and ask that you support H.R. 2376. Thank 

you. 

[The prepared statement of Dr. McClurken follows:] 
121 

Test!.ony of James M. McClurken, Ph.D. 

before the 

House Ratural Resources Committee, Sub-committee on Indian Affairs 

concerning 

H.R.2376 

A Bill for Status Reaffirmation and Clarification 

of the 

Little River Band of Ottawa Indians 

and the 

Little Traverse Bay Bands of Odawa Indians 

September 17, 1993 

Mr. Chairman and members of the Committee, I am James McClurken, 

Assistant Professor of Anthropology at Michigan State University. 

over the past thirteen years I have had the opportunity to study 

and analyze the documentary record of Indian affairs throughout the 

Great Lakes. The historical record clearly shows that the 

OttawajOdawa people who form this panel today are the descendants 

of and political successors to signatories of five treaties with 

the United States. The documents attest to a continuous 

relationship between the United States and a vigorous OttawajOdawa 

community which has never lost sight of their treaty-based trust 

relationship with the federal government, nor have the 

OttawajOdawa allowed officials at the Bureau of Indian Affairs to 

do so. 

The bill before you does not seek "recognition" of the Michigan 

OttawajOdawa bands. Its provisions call for a federal 

reaffirmation of a tribal status already exists. The relationship 

began when the ancestors of the people before you signed the 

treaties with the United States in 1795, 1807, 1819, 1820, 1821, 

1836, and 1855 (Appendix A). The United States acknowledged the 

OttawajOdawa people in these treaties and accorded them the same status as other Indian tribes, including a government-to-government 

trust relationship with the federal government. Nineteenth century 

assimilationist policies and twentieth century Bureau of Indian 

Affairs efforts to lighten its administrative load have caused 

United States officials to misinterpret historical federal 

documents and create an ambiguous political status for the Michigan 

OttawajOdawa. 

The OttawajOdawa have found themselves in a bureaucratic no-tribesland. Their tribal status has never been terminated by Congress or in any way limited by executive order. On the one hand, Bureau of 

Indian Affairs officials have, throughout the twentieth century, 

denied the OttawajOdawas 1 their treaty-based right to tribal 

governance and the rights that tribal status conveys under United 

States law. on the other hand, documentation from the Bureau 1 s own 

files show continued dealings with OttawajOdawa tribal 

representatives from treaty times vo the present, Bureau 

1 
122 

administration of trust property at least throughout the 1950s, and a continuing record of health and economic services to the members 

of the OttawajOdawa bands today. This bureaucratic no-tribes-land 

has barred OttawajOdawa people from exercising a government-togovernment relationship at times when their community was in urgent 

need of the benefits of the federal trust. Passage of the 

legislation before you will remedy errors made by Bureau of Indian 

Affairs officials in the past and recognize the historically 

legitimate relationship that the OttawajOdawa bands have enjoyed 

with the United States throughout history. 

As the invited scholar, it is my responsibility to outline the 

history that has produced the ambiguous political situation that 

the OttawajOdawa now find themselves in. No brief outline can do 

justice to the story of this tribe--the process of their 

dispossession from their tribal estate, the strength of their 

leadership, nor to the cultural tenacity that tribe members have 

shown throughout the twentieth century. My goal, Mr. Chairman and 

Committee Members is to briefly discuss the ambiguities of the 

historical record and to show how these ambiguities have been 

interpreted and misinterpreted by generations of federal employees 

and officials to continue the process of dispossession by 

separating the OttawajOdawa from their political trust-status with 

the United States. 

The early years· of the United States and OttawajOdawa relationship 

was marked by ambiguous Indian policy and unequal power in the 

negotiating process that defined the Indians• relationship wi th the 

government. In the first decades of the nineteenth century 

OttawajOdawa leaders faced a harsh reality. Michigan territorial 

officials and the federal government had unambiguous plans for the 

OttawajOdawa estate. Despite any actions the OttawajOdawa might 

take, the federal government would purchase the Indians' land. 

That land and its resources would eventually become the private 

property of United States citizens who would transform the natural 

resources that the ottawajOdawa had relied on for centuries to 

build an industrial state. The only ambiguity in this plan was the 

federal government's intention for the OttawajOdawa who would be 

forced from their lands. At best, the Indians could remain in 

Michigan and live on treaty-specified reservations where they would 

become "civilized." At the worst, they could be forcibly moved 

west of the Mississippi River where they would also become 

"civilized." In all reality, few people in Michigan or in the 

federal government cared what happened to the OttawajOdawa, so long as their property and resources became the property of the United 

States and her citizens. 

The Michigan treaty history clearly reflects the ambiguity of 

United States intentions for the OttawajOdawa. The OttawajOdawa 

first met the Americans in eighteenth century wars for the Ohio 

River Valley. By the treaties of 1795 and 1805 the Indians 

relinquished any claims they had to southern territories outside 

2 
123 

the range of their regularly-used hunting, fishing, and gathering 

range. In 1820 the OttawajOdawa ceded some of their smallest 

islands to the united States. In 1821 commissioners for the United 

States used less than honorable negotiating techniques to win a cession of the OttawajOdawa hunti ng and trapping territories 

between the Kalamazoo and Grand Rivers, the southernmost portion of 

their tribal estate. For ten years the OttawajOdawa refused to 

acknowledge this treaty as a legally binding document or to receive 

any services that the United States was to provide them under its 

terms. Until the mid-1830s, the OttawajOdawa remained isolated 

enough from the front line of American settlement that they could 

survive on the more limited natural resources of their diminished ·estate. 

In the middle 1830s the Michigan Territory had the fastest growing 

American population of any region in the United States. In 1835, 

the Michigan territorial officials were preparing for statehood. 

They wanted title to the entire OttawajOdawa estate, the western 

half of the Lower Peninsula and the eastern half of the Upper 

Peninsula. During the administrations of Andrew Jackson and Martin van Buren, the OttawajOdawa faced not only dispossession, but also 

forced removal to Kansas. When the Ottawajodawa were called to 

washington D.C. in 1836 to cede their Michigan lands, the Indian 

leaders had few options. 

At the negotiations of the 1836 Treaty of Washington, Ottawa 

leaders selected from the best of their limited options. They made a treaty that allowed them to stay .in Michigan. The treaty created 

reservations that preserved their towns and the vital resources they needed to stay alive. The reservations of the ancestors of 

the Little River Ottawa and the Little Traverse Odawa under the 

1836 Treaty of Washington· are: 

From the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts for the term of 

five years from the date of the ratification of this treaty, 

and no longer; unless the United States shal~ grant them 

permission to remain on said lands for a lo*ger period, 

namely: One tract of fifty thousand acres to be located on Little Traverse Bay .••. one tract of seventy thousand acres to be located on, or north of the Pere Marquetta river •••• The Beaver Islands of Lake Michigan for the use of the Beaverisland Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of 

the Indian Department (Appendix A, Treaty of 1836). 

The treaty also made reservations of lands that were clearly used 

by both the Ottawas and their Chippewa kinsmen. The treaty reserves: 

two tracts of three miles square each, on the north shores of 

3 
124 

the said straits, between Point-au-Barbe and Mille Coquin 

river, including the fishing grounds in front of such 

reservations, to be located by a council of chiefs. 

(Appendix A, Treaty of 1836) 

The reservations defined in the treaty were to be permanent and 

provide the Indians with sufficient natural resources to allow 

their entry into Michigan's developing agricultural/ industrial 

economy. Government negotiators and the OttawajOdawa hoped these 

locations were far enough north of Michigan's prime agricultural 

lands to allow them to live without fear of dispossession by 

American squatters. The Little Traverse Odawa reserved all of 

their horticultural and fishing villages in Emmet and Charlevoix 

counties. The ancestors of the Little River Ottawa agreed to move north to their traditional trapping territories. Both tribes 

reserved their fields, trapping areas, maple sugar groves, and 

their Great lakes and in-land fisheries. Further, the treaty 

provided the OttawajOdawa with the tools and equipment that they 

would require to intensify their traditional horticulture and 

fishing for the American market economy. The Ottawa continued to 

reside on and use the resources of these reservations throughout 

the nineteenth and twentieth centuries. Neither the Congress nor 

the President of the United States ever ordered the Ottawas to 

leave these lands. 

Had Congress ratified the 1836 treaty as it was negotiated, the 

OttawajOdawa people on this panel would probably not be here today. 

Wrangling between Congress and President Jackson lead to amendment 

of the 1836 treaty. OttawajOdawa tenure of their reservations was limited to only five years, or so long as the President allowed 

them to remain in Michigan. At the end of that time, the 

OttawajOdawa could move west of the Mississippi River or could 

remain in Michigan under state laws. For this insecure land tenere 

and uncertain political future, the Michigan OttawajOdawa had ceded 

all of their territory and resources. 

OttawajOdawa leaders pressed the federal government from 1837 until 

1855 for a new treaty that ended the removal threat once and for 

all. The 1855 Treaty of Detroit guaranteed that the United States 

would not force the OttawajOdawa to leave their Michigan homes. 

The document reconfirmed boundaries of the 1836 reservations or, 

where the lands were already taken by Americans, created new ones. 

The 1855 reservations are: 

... all the unsold public lands within the State of Michigan 

embraced in the following descriptions, to wit: ... for the 

Beaver Island Band--High Island, and Garden Island in Lake 

Michigan, being fractional townships 38 and 39 north, range 11 

west -- 40 north, range 10 west, and in part 39 north, range 

9 and 10 west. Forth. For the Cross village, Middle village, 

L'Arbrechroche and Bear Creek bands, and of such Bay du Noc 

and Beaver Island Indians as may prefer to live with them, 

4 
125 

townships 34 and 39, inclusive, north, range 5 west 

townships 34 to 38, inclusive, north, range 6 west 

townships 34, 36, and 37 north, range 7 west , and all that 

part of township 34 north, range 8 west, and all that part of 

township 34 north , range 8 west, lying north of Pine River . . Sixth. For the Grand River bands, township 12 north, 

range 15 west, and townships 15, 16, 17, and 18 north, range 

16 west (Appendix A, Treaty of 1855). 

The 1855 Treaty of Detroit was also among the earliest allotment 

treaties made between an Indian tribe and the United States. The 

reservations established in the 1855 treaty were to be held in 

common for five years. By the end of that time, the land was to be 

divided into individually owned parcels that would resemble 

American farms. The parcels were to be held under restricted 

title, protected from sale or alienation for ten years, or so long as the President de emed necessary and proper. Despite the good 

intentions of the United States, the allotment process became an effective tool by whi ch American farmers, Michi gan offici als, 

corrupt missionaries, and federal agents separated the OttawajOdawa 

from title to the largest portion of their reservations. By the 

end of the nineteenth century, all that remained of the 

reservations were the boundaries described in their treaties, 

scattered parcels of restricted-title allotments and isolated 

OttawajOdawa homesteads. 

Loss of the remaini ng OttawajOdawa estate was no t the worst legacy 

of the 1855 Treaty of Detroit. Ambiguous language in the treaty 

proved an effective tool by which generations of Bureau of Indian 

Affairs officials have deprived the OttawajOdawa of their treatybased trust status with the United States. At the Treaty of 1836 

and again at the 1855 Treaty of Detroit, United States' 

commissioners had insisted in linking the OttawajOdawa and the 

Chippewa in a legal fiction called the Ottawa and Chippewa Tribe. 

These tribes shared common territory but were and are historically 

separate. United States commissi oners recogni zed the differing 

interests of the two tribes. When the Ottawa refused to negotiate on individual poi nts, the commissioners simply turned to the 

Chippewa who willingly conceded the properties that u.s. officials 

demanded. During the 1855 treaty negotiati ons, both tribes 

demanded that this historical fiction end and that each tribe be 

treated as independent political units by subsequent federal 

officials. 

The demands · by Ottawa/Odawa and Chippewa treaty negotiators 

resulted in Article Five which reads: 

The tribal organization of said Ottawa and Chippewa Indians, 

except so far as may be necessary for the purpose of carrying 

into effect the provisions of this agreement, is hereby 

dissolved;" (Appendix A, Treaty of 1855) 

5 

84-978 - 95 - 5 
126 

Subsequent generations of Michigan and United States agents and 

officials who lacked historical knowledge of the treaty 

negotiations and the intention of this clause devised a new theory. 

They claimed that the language of Article Five "terminated" the 

OttawajOdawa tribal government. Indeed, that is a plausible 

explanation when the treaty language is taken at face value. The 

intention of the clause is clearly recorded in the minutes of the 

treaty negotiation, and any subsequent reinterpretation of the 

original language is patently false. 

Historical documents show that the OttawajOdawa believed that their 

tribal status continued after the ratification of the 1855 Treaty 

of Detroit. The Little Traverse Bay Bands continued to live in the 

towns and settlements that they had lived in since at least 1670. 

They continued to select their leaders as they had from time 

immemorial. They continued to make their living from the waters of 

Lakes Michigan and Huron and from the wild resources of their 

reservation lands. The bands who comprise the modern Little River 

Band faced more difficult obstacles. By the terms of the 1855 

treaty the Ottawa were compelled to leave their homes on the Grand 

River, move to a reservation at the heart of their historic 

trapping range, and build new settlements from scratch. The 

residents of the Mason County Reservation who lived in the 

settlement commonly called Indian Town, on the Pere Marquette 

River, defied the odds. They continued their political unity 

throughout the dark days of the late nineteenth century. They 

maintained their schools, their economy, and had a clear succession 

of leaders (Appendix B). 

Throughout the fiasco of the allotment process which extended into 

the 1880s, OttawajOdawa tribal leaders continued to petition the 

United States for a new treaty with their tribe. This is not the 

act of people who believe that their tribe was terminated. 

Throughout the 1860s and early 1870s the correspondence of federal 

officials shows that the United States fully intended to negotiate 

such a treaty, though accidents of history prevented the 

implementation of their plans. These plans on behalf of the United 

States were not the plans of a government that believed the 

OttawajOdawa tribal structure or right were "terminated". Further, 

the United States sent special investigators to Michigan in the 

1870s to prosecute Americans who made fraudulent claims on OttawajOdawa lands. Even though local courts with their non-Indian 

juries rarely ruled in favor of the Indians, the United States 

recognized and made efforts to protect their trust into the 1880s. 

The Dawes Act with its assimilationist intentions ended United 

States' attempts to protect the OttawajOdawa. In the 1890s, the 

OttawajOdawa who addressed their grievances to the United States 

received little help. They were informed that they were citizens 

and subject to Michigan laws. Federal and state officials alike 

espoused a theory that when title to reservation lands passed from 

Indian hands to those of American citizens, the OttawajOdawa 

6 
127 

somehow lost jurisdiction on their reservations and the United 

States in some mysterious way was released from the treaty-mandated 

trust relationship with the tribe. The all-pervasive land frauds 

that occurred in Michigan assured that the OttawajOdawa had little 

trust land. For most of the early twentieth century, Bureau of 

Indian Affairs officials told the OttawajOdawa time and again that no trust land remained on their reservations and that the United 

States was no longer liable for their welfare. Documentation in 

the United States National Archives, however, shows that while the 

Bureau made this pronouncement, they administered trust lands which 

were only sold in the 1950s (Appendix C). Indeed, the Bureau of 

Indian Affairs was still purchasing lands within boundary 

reservations for Little River Ottawas in the 1930s (Appendix D). 

So total was the Bureau effort to sever their relationship and 

responsibility that even today, the Bureau is not aware of what 

lands it holds in trust for the OttawajOdawa. The Central Title 

Plant in Aberdeen, South Dakota, cannot locate any of the 

information on restricted titles on the Michigan reservation. 

The declared end of the federal trust relationship between the 

United. States and the Ottawa(Odawa was arbitrary and unilateral. 

The OttawajOdawa found the pronouncements unacceptable and 

continued to press their interests in Washington. Although Bureau 

officials regularly declared that the federal government 

administered no Ottawajodawa property and proclaimed the end of 

their trust, OttawajOdawa leaders hired attorneys to examine their 

treaties and prepare suits on the behalf of their people . 

After ten years of work, the Ottawa(Odawa filed their first suit 

against the United States, not for land, but for cash due them 

under their treaty provisions. In 1905 they won their claim in 

Petoskey, Abraham. Kewakendo. et al .. v. the united States. They 

received a cash award of $131,000 to be divided between the members 

of their tribe. An agent was sent from Washington to Michigan to 

determine the people eligible for payment and to list their names. Federal officials believed that this job would require only a short 

time, since they believed that there were few Indians in Michigan 

and that there was no tribal organization. The federal agent who 

came to Michigan was overwhelmed to find not a few hundred Indians 

but thousands of them. The Ottawa(Odawa were not simply a few 

Metis living on farms and in cities. Seventy-five percent of the 

people they found were full-blooded Indian. The OttawajOdawa 

continued to live in discrete settlements with headmen selected by 

band consent, the traditional form of OttawajOdawa political 

organization. The payroll preparation took two agents tow years to 

prepare and was not completed until 1907. People living today 

received payment from the award of the lawsuit. The payroll 

document itself is recognized by the Bureau of Indian Affairs as the historical base for determining OttawajOdawa tribal membership 

and eligibility for federal health and education services. 

The OttawajOdawa did not see the 1911 settlement of their claims 

suit as the conclusion of their relationship with the United 

7 
128 

States. Tribal leaders, most often leading men of the most 

prominent lineages, were selected by their community to continue 

pursuing rights they believed were theirs under the 1836 and 1855 

treaties. Throughout the twentieth century the Ottawa;odawa have 

asked that the federal government protect their treaty mandated 

rights to hunt and fish on lands "not required for settlement" 

throughout the 1836 cession area. The right to hunt and fish from 

this right held by tribe members in-common was worth fighting for. 

The Ottawa/Odawa had been pushed to the margins of the American 

economy and the resources were essential for their subsistence. 

Each OttawafOdawa band knew their rights and pursued them. The 

number of petitions and letters sent by OttawafOdawa people grew 

during the 1930s when Michigan's farm economy collapsed during the 

Great Depression. 

The issue of hunting, fishing, and other treaty based rights served as a catalyst for succeeding Ottawa political associations. In 

1932, the Ottawa founded the Michigan Indian Organization to purse 

their claims and to continue dealing with the United states 

government. They drew up by-laws and presented them to the 

Commissioner of Indian Affairs, E.B. Merit. When Congress passed 

the Wheeler-Howard Act of 1934 (IRA), the OttawafOdawa were ready 

to reorganize immediately, either as individual bands or as a 

coalition of bands under a centralized organization. Because of 

Article Five in the 1855 Treaty of Detroit which dissolved the 

fictive Ottawa and Chippewa Tribe, Bureau officials advised the 

OttawafOdawa to file their petitions for reorganization 

individually. 

The Wheeler-Howard Act was subtitled "An Act to conserve and 

develop Indian lands and resources; to extend to Indians the right 

to form business and other organizations; to establish a credit 

system for Indians; to grant certain rights of home rule to 

Indians; to provide for vocational education for Indians; and for 

other purposes." Although the Michigan OttawafOdawa did not have 

reservations currently administered by the Bureau of Indian 

Affairs, these people were clearly the descendants of treaty 

signatories, lived in the towns that their grandparents founded 

after the Americans came to their home territory, and indeed, in 

all instances these Indians lived within the external boundaries of 

the reservations established in the 1836 Treaty of Washington and 

1855 Treaty of Detroit. They continued their own system of 

political representation that had been confirmed by federal 

officials as recently as 1907 with the development of the Durant 

Roll and the 1910 payment of treaty claims due the tribe. They and 

many of the federal officials whey worked with in the mid-1930s 

believed that the Wheeler-Howard Act aimed to extend its benefits 

to people such as the OttawafOdawa. 

Federal correspondence between 1934 and 1935 shows that Bureau of 

Indian Affairs Officials intended to include the Little Traverse 

Odawa and the Little River Ottawa under the provisions of this 

8 
129 

bill. As early as December 1934, Bureau officials acknowledged the 

OttawajOdawa right to reorganize the bill's provisions. Frank 

Christy, Superintendent of Tomah Indian School was placed in charge 

of reorganization efforts in Michigan. on December 6, 1934, he 

reported to Dr. w. Carson Ryan that: 

If the Indian Re-organization Act is fulfill its primary 

purpose, the rehabilitation of the Indians in need of such 

rehabilitation, its provisions should be extended to Indians 

such as these Ottawas and Chippewas. Certainly there are none 

in more urgent need of economic rehabilitation (Appendix E). 

Christy was so certain that the Michigan tribes were eligible for 

reorganization that he secured options to purchase 7,000 acres of 

land in Emmet County to reestablish a land base to be held in trust 

by the Odawa where they could acquire basic resources for economic 

redevelopment. Ryan authorized Christy to continue his work and 

his Washington staff began the necessary steps for securing the 

OttawajOdawa a land base. However, as of January 12, 1835, 

Congress had not appropriated any funds for carrying out the IRA. 

Lack of a land base held in trust by the federal gover1ment became 

a serious impediment to reorganizing the OttawajOdawa. Three 

Chippewa tribes who had not allotted all of their lands and 

maintained a land base held in federal trust were immediately 

allowed to vote in a referendum to accept or reject reorganization 

under the IRA, as well as to accept or reject bylaws and 

constitutions. These tribes reorganized. Since the Ottawa, did 

not still have reserve land in trust, they were not allowed to vote 

on this issue. Their .fate under the IRA eventually rested on 

Congressional appropriations to purchase land. The appropriation 

never passed. 

Although the Little Traverse Odawa and Little River ottawa were not 

able to participate in early referendums, they were still eligible 

for reorganization under Section 19 of the IRA. The Wheeler-Howard 

Act intended that all Indians, unless otherwise prohibited by prior 

legislation, could apply for reorganization. The western Michigan 

Indians clearly met the definition of "Indian" intended by the 

creators of the act. John Collier once again spelled out the 

definition of "Indian" for Ben Shawanesse, a political letter from 

the Little Traverse Odawa community. 

Section 19 of the act defines the term Indian and as will be 

noted there are three classes. A recognized tribe is one with 

which the government at one time or another has had a treat or 

agreement or those for whom reservations or lands have been 

provided and over whom the government exercises supervision 

through an official representative. There is a third class not mentioned in your letter, namely, those who are "one-half 

or more Indian blood". This refers to any Indian regardless 

of whether he belongs to a recognized tribe or not (Appendix 

9 
130 

F). 

The OttawajOdawa met all three requirements. They were encouraged 

to petition the government for reorganization and they promptly did 

so. The Bureau of Indian Affairs then filed their petitions 

indefinitely. The proposals, they said, could not be considered 

because the Indians had yet to "vote on the application of this 

legislation". After this had been done, "the Indians must then 

organize under Section 16, and after that has been accomplished 

steps can be taken to request incorporation." Bureau of Indian 

Affairs officials caught the Michigan tribes in a "catch 22." 

Using the issue of trust land, they prevented the votes called for 

in Section 16, yet the tribes could not place land in trust until 

they had voted. 

In 1936, John Collier sent Peru Farver and M. L. Burns to Michigan 

to discuss the IRA with the tribes directly. They held meetings at 

Cross Village-- an Odawa town on the Little Traverse reservation, 

at the center of the Little River Ottawa Community in Manistee, and 

at other centers of Ottawa population. Burns knew nothing of 

Michigan history of Collier's own admission of the applicability of 

the IRA to the Michigan tribes. Burns ignored the treaties that 

the OttawajOdawa people had made with the United States and applied 

standard Bureau thinking of his day. He reported that the Michigan 

Indians had not lived on a reservation for more than a century, a 

falsehood that would cost the OttawajOdawa dearly. 

Burns also could. not understand how the Michigan ottawajOdawa could 

apply for IRA recognition unless the government held land in trust on their behalf. Again accepting fashionable Bureau of Indian 

Affairs rhetoric, Burns reasoned that the Michigan Indians were 

United States citizens and that the federal government had no 

administrative responsibilities to them. Burns believed that a 

lack of trust land somehow ended treaty based government-togovernment responsibilities of the United States and precluded the 

OttawajOdawa from achieving IRA recognition. Again, Burns failed 

to read the 1836 and 1855 treaties. He made a simple 

recommendation that eventually became the BIA policy for the 

OttawajOdawa, saying " ... either arrangements must be made to 

purchase lands for these people or they should be definitely 

informed that they cannot be considered under the Act. " Burns 

preferred the second option because " [ f] inances with which to carry on the work" were of great concern at this time and "might mean considerable delay even though it is found that these people are eligible to come under the Act." (Appendix G) 

There is one mystery in Burns's logic. Despite his frugal advice 

to ignore Little Traverse Ottawa and Grand Traverse Ottawa requests 

for IRA recognition, Burns took a different stance regarding the 

Little River Ottawa. He said: 

I feel that they (Indians of Oceana, Mason, and Manistee 

10 
131 

Counties) are entitled to come under the Reorganization Act, 

although they have no reservation, nor are they enrolled. 

However, before anything can be done for these people, quantum 

of Indian blood must be de termined." (Appendix H) 

A changing Washington political and economic climate f i nally ended 

the hopes of Little River Ottawa and Little Traverse Odawa hopes 

for restoration of their government-to-government relations through 

the Wheeler-Howard Act. On April 6, 1936, Joe Jennings, Field 

Administrator In Charge of Indian Organization, also recommended 

that the federal government begin restricting acknowledgment. The 

government was overwhelmed with requests for reorganizatio n and 

simply did not have the funds to meet the demand. When all other 

avenues to facilitate IRA acknowledgement failed, the Grand 

Traverse Band of Ottawa and Chippewa Indians asked their 

Congressional Representative, Albert Engle, to intervene on their 

behalf to facilitate action on their petition. Commissione r of 

Indian Affairs Collier responded to the Congressman saying: 

The enactment of the Indian Reorganization Act has taxed to 

the capacity the efforts of a limited field force to ascertain 

the status of Indians in the lake States,a nd especially those 

Indians of Michigan, many having been apparently abandoned, some of whom can now be assisted through the Ac t (Appendix I). 

By June of 1937 financial responsibility for the Michigan tribes, 

not their right to reorganize, became the primary issue determining 

extension of the IRA. Frank Christy said: 

I have consistently maintained that it would be unwise for the 

Indian Service at this time to make any gestures that might be 

interpreted as evidence that it was about to assume 

responsibility for the welfare of these Indians. At present 

the local and state municipalities regard them in the same light as other citizens and extend to them without 

discrimination all the advantages in the way of direct relief, 

employment relief, and health facilities that are enjoyed by 

other citizens of a similar economic status. In my judgment 

it would be exceedingly unwise to disturb this arrangement 

until and if the Indian Service is prepared financially and 

otherwise to assume full responsibility for them. Naturally 

the local county and township governments while under present 

conditions they are willing to discharge their 

responsibilities toward the Indians, would welcome the 

opportunity to transfer responsibility to the Federal 

Government {Appendix J). 

Christy recommend against IRA acknowledgement for the OttawajOdawa, 

but he encouraged cooperation between the Resettlement 

Administration and the Indian Service to look for ways they could 

employ Indians in the government forest areas of Michigan and 

Wisconsin. When the Grand River Ottawa, the southern neighbors of 

11 
132 

the Little River Ottawa, pressed Senator Burton Wheeler to help 

them in their bid for IRA acknowledgment, the Commissioner of 

Indian Affairs responded to the legislator's query by quoting 

Christy's statement above and adding that since there were "no 

funds available for the propose of assisting these Indians, it has 

been and is the policy of this office to follow the recommendation as made by Superintendent Christy" (Appendix K). 

John Collier personally responded to Senator Wheeler on the matter 

of acknowledging the Grand River Ottawa, including the Little River 

Ottawa band. He said: 

This particular group presents an unusual problem. While they 

have rights under the Indian Reorganization Act when and if 

organized, they have for years been dealt with by the State 

authorities as have other citizens, receiving direct relief, 

employment relief, health and educational facilities etc. For 

the Indian Service to go among these people with inadequate 

funds and to attempt to take over functions and services which 

they are now receiving from the state and thereby disturb a 

definite social order in the community presents a real 

problem. It is a situation which we hesitate to disturb. 

This letter does not mean that we have made a final decision 

but at the same time the funds available and the demands made 

upon them by the Indians whom we really consider our 

responsibility, we are not disposed to take any action at this 

time (Appendix L). 

The recommended cooperation between the Bureau of Indian Affairs 

and the local, state, and federal agencies to find work and support 

services for Michigan Indians became policy. In 1939 the Bureau 

commissioned a study which aimed to justify the new policy. The 

work was conducted by John Holst, Supervisor of Indian Schools, 

Archie Phinney, a Nez Pierce Indian who disliked the Michigan 

Indians, and Olive Gwinn, a local social worker charged with 

coordinating services. This work is filled with more misreading of 

history and weakly supported opinions about OttawajOdawa legal 

rights. The recomm·endations met the Bureau's needs to jettison 

their obligations to the OttawajOdawa communities. They 

recommended: 

1. That the present understanding and arrangements between 

the Federal Government and the State of Michigan, relating to 

the general welfare and education of Indian children be 

continued, except that the sponsorship of the Federal 

Government may be diminished gradually as the State agencies 

extend their responsibilities of the common welfare of all 

citizens. 

2. That the Indian Office shall not attempt to set up any 

additional or supplementary educational or welfare agencies 

12 
133 

for the Indians of lower Michigan that in any way tend to 

recognize Indians as a separate group of citizens. 

3. That there be no further extension of organization under 

the Indian Reorganization Act in Michigan. 

4. That steps be taken to abolish the prohibition on the sale 

of liquor to Indians of lower Michigan (Appendix M). 

When the Bureau of Indian Affairs made these recommendations their 

policy, officials there attempted to administratively severe the 

OttawajOdawa from their trust relationship with the United States. 

They ignored the treaty relationship between the Indians and the 

federal government in favor of a fast administrative remedy for 

difficult economic straits. This was unfair, unjust',' and I believe 

that it was also illegal. The Ottawa;odawa believed in their 

rights and continued to deal with Bureau officials as they always 

had. 

After reading the Holst report, Peru Farver, the man who initially 

recommended acknowledgement for the Michigan tribes, made one small 

attempt to rebut the skewed analysis and findings. Farver reported 

that Holst, Phinney and Gwinn were able to offer such a glowing 

report of Ottawa economic conditions because they interviewed "the 

near-white living in towns, cities and villages." Had they gone 

into the rural Indian communities where a majority of tribe members 

lived, they may have reached different conclusions. Although he 

grudgingly agreed that IRA acknowledgment should not be granted at 

the present time, he thoughtfully predicted that: 

This issue will be kept alive for many years in view of the 

fact that most of the groups in the upper peninsula have been 

recognized and we are likewise contributing to the chippewas 

of Lower Michigan. In other words, the Ottawas and 

Potawatomies are the only tribes in Michigan which have been 

denied assistance under the Indian Reorganization Act 

(Appendix N). 

Farver's prophesy proved correct. When young Indian men returned 

from World War II, they wrote a new ottawajOdawa political agenda. 

Having been stalled on the issue of IRA reorganization, leaders who 

had been active during the 1930s formed the Northern Michigan 

Ottawa Association (NMOA) to pursue claims under the Indian Claims 

Commission. The NMOA was a business committee made up of elected 

representatives form each Michigan tribe . The organization adopted 

a constitution and by-laws similar to those being approved by the 

Bureau of Indian Affairs. NMOA leaders and members spent years 

organizing their individual communities for financial and political 

support of the association. 

From 1948 to roughly 1980, the NMOA served as a vehicle for 

pursuing Indian Claims Commission claims, but also acted as the 

13 
134 

tribal government of the Indians in western Michigan. The combined 

cooperation of the individual tribes allowed the NMOA to gradually 

evolve from a single-issue organization to meet broader health, 

education, welfare and political needs. NMOA leadership made sure 

that health and education services available to the Michigan tribes 

who organized under the Wheeler-Howard Act were also available to 

the OttawajOdawa. Little River Ottawa and Little Traverse odawa 

members still receive health services that the NMOA worked to 

establish. 

The NMOA dealt with the issue of IRA "recognition" again in the 

1970s. The NMOA had won its Indian Claims Commission suit and 

received a multi-million dollar award. Since the Ottawa;odawa 

tribes were not "recognized" a problem arose in Washington over the 

means by which the Bureau would distribute the money to heirs of 

the treaty signatories. The NMOA proposed that the Bureau of 

Indian Affairs distribute the funds using the rolls they had 

complied over their twenty-five year existence. Bureau officials 

declined this offer, arguing that the NMOA did not represent all of 

the Michigan OttawajOdawa and that the NMOA was not an acknowledged 

tribe. In truth, Bureau officials wished to make a payment to all 

descendants of the Grand River Ottawa, regardless of their standing 

with the tribe or their degree of Indian blood. The NMOA opposed 

this Bureau move to strong-arm their leadership. The OttawafOdawa 

preferred to make payment only to their members who were one half or more Indian, but would compromise to make payment to those 

persons who were one quarter or more Indian. The debate over blood 

quantum went on for several years, with the Bureau eventually 

accepting the NMOA one-quarter compromise. 

"Recognition" continued to be an important issue to NMOA 

leadership. On a visit to the Minneapolis BIA Office, a prominent 

Little Traverse Odawa leader made an agreement with the Bureau 

agent. She accepted the agent's position that "recognition must be 

worked on before many of our problems with the Michigan Indians are 

solved." That meeting resulted in an NMOA resolution calling for 

full restoration of tribal relations with the federal government. 

The NMOA acknowledged that it did not have a reservation land base 

but argued that its members remained eligible for serves, a 

position that even Holst and company had taken in 1938. Robert 

Dominic, who had file the first petition for "recognition" under 

the IRA in 1935, filed a second letter with Secretary of Interior 

Rogers Morton on May 5, 1975, again asking that the formal 

OttawajOdawa relationship with the United States be restored 

(Appendix 0) • 

The Commissioner of Indian Affairs who was weary of NMOA opposition 

to his policies regarding the Indian Claims Commission distribution 

and other issues, opposed the NMOA's move, saying that the 

organization was never a tribe and was not eligible for 

acknowledgment. The commissioner completely ignored that the 

members of the constituent units of the NMOA were indeed the 

14 
135 

descendants of the signatories of the 1836 and 1855 treaties. Many o-f the signatories' descendants were over one-half Indian, and were 

indeed eligible for acknowledgement under the Wheeler-Howard Act of 

1934. Still, the Commissioner's influence was an important force 

working against Dominic's petition being granted. 

Between 1948 and 1975, the NMOA had succeeded in strengthening 

Michigan tribal governments, without explicit blessing or support 

of the Bureau of Indian Affairs. Its leaders learned the workings 

of Washington politics and called upon the influence of Senator 

Philip Hart, Senator Carl Levin, Senator Robert Griffin, 

Congressman Robert Davis, and Congressman Guy Vander Jagt to aid 

the association in the Indians' debates wit the Bureau of Indian 

over blood quantum and payments. They also assumed the 

prerogatives of a governing body. The Bureau relied upon the NMOA 

to certify its members' eligibility for a number of health and 

welfare benefits. 

Based upon this long-standing tacit BIA recognition, the NMOA 

served as the representative of the Michigan Indians until 

approximately 1980 when the Grand Traverse Ottawa and Chippewa--one 

of the Michigan bands that was a member of the organization, became 

the first Indian tribe n the United States to be "recognized" 

through the Federal Acknowledgment Process (FAP). Creation of the 

FAP in 1978 gave the federal government a formal way to avoid 

contentious issues with the NMOA. By 1979 the Commissioner of 

Indian Affairs answered NMOA claims of tribal government status 

with a cordial invitation to file a petition with the Branch of 

Acknowledgment and Research. He would no longer deal with the 

OttawajOdawa until they had filed the petition. The FAP process 

proved the final step in the historical process of de facto 

termination of the Little Traverse Bay Bands of Odawa and the 

Little River Ottawa. 

In conclusion, this brief history clearly shows that from their 

earliest treaties to the present , the Michigan OttawajOdawa have 

continually maintained a political relationship with the United 

States. They have been "recognized" by the United States by 

treaty. They have and have always had a tribal organization which 

regularly pursued the interests of their people with the Untied 

States, even though local, state, and federal officials took every 

opportunity to dissuade them of their right to do so. Congress has never "terminated" the OttawajOdawa. The uninformed 

misinterpretations of history by Bureau of Indian Affairs employees 

have lead to a redefinition of the OttawajOdawa status, finally 

severing the relationship altogether. 

The vitality of OttawajOdawa culture. The members of each tribe 

know each other face-to-face as they have throughout history. They 

maintain their ceremonies, art and community interests. The 

strength of OttawajOdawa cultural identity has allowed their 

members to maintain a strong community that has focused its 

15 
136 

energies on the continuing their tribal existence despite the many 

attempts that have been made to end their polity. I believe that 

the facts of history justify Congressional action on the request 

being put forward by the Little River Ottawa and the Little 

Traverse Bay Bands of Odawa in bill H.R.237. 
137 

Appendix A 

Kappler, Charles J., comp. 

1904 Indian Affairs: Laws and Treaties. Volume 2 (Washington: 

Government Printing Office) 39-45, 92-95, 185-187, 188-189, 

198-201, 450-456, 725-731. 
138 

Mr. RICHARDSON. I would like you and the counselor from legal 

services to comment on this. 

Basically, as I understand it, while the BIA office has been consistent in rejecting the enrollment concepts and procedures of the 

tribe, the Great Lakes Agency in the Minneapolis area office has 

not only encouraged the development of this unauthorized roll, but 

it made Federal Indian services available to some of the enrollees. 

Is that accurate? 

Dr. McCLURKEN. Yes. At the same time the United States has 

also administered plans that are held in restricted title. They have 

actually purchased land and put it in restricted title as late as the 

1930s. 

Mr. RICHARDSON. Counselor, why is, in your knowledge, the Federal acknowledgment process deficient? 

Mr. BROOKS. I think the main problem with the process at this 

time is that the BAR has been very inconsistent in their application of the different criteria. I think Dr. McClerken can comment 

in more detail, but I think one of the problems is that the focus 

of the BAR's application of those criteria has gone away from looking at evidence of continuing political relationship to looking at 

ethnographic data which I think is a term which talks about social 

relations, things like that. 

I think a perfect example of that change in focus has been the 

Little Traverse Bay Bands have a picture book history which Dr. 

McClurken prepared on their tribal history. Members of the tribe 

and Dr. McClurken were in the offices of the BAR and went 

through that book to show them what evidence they had at that 

point. 

They were showing one of the BAR people a photograph of a 

meeting which contained hundreds of people voting on political decisions. Rather than looking at that political process the BAR person's comment was, what are these women in the back talking 

about? That is what they are interested in, social relations and 

things like that rather than the tribal political existence. 

Mr. RICHARDSON. Let me ask the tribal chairman and the treasurer, what is the impact of not being recognized? How has the tribe 

been impacted? Is it a sense of not having nationality? 

Mr. ETrAWAGESHIK. One of the large impacts is that our tribe, 

without a central land base, we all live in the same general area 

where our reservation is, but we do not have the same legal tools 

such as owning of lands in common and developing the ability to 

protect our treaty-based rights. We don't have those. 

So one of the impacts is that we don't have Indian Health Service 

for our people, a direct thing. Not having a tribal health clinic 

working through this, we have had many people fall through the 

cracks, many of whom have died because of lack of getting the 

health care where they need it. It is not that there isn't a country 

health care or there are not other county services, but delivering 

tribally specific, culturally-sensitive services to our people and that 

has been a great difficulty. 

Mr. RICHARDSON. Chairman Bailey. 

Mr. BAILEY. I would have to concur with Frank. Basically we 

have the same problem. One of the main problems is that we do 

have other health care, non-Indian health care agencies there, but 
139 

a lot of elders don't want to participate in these types of health 

care programs. They have lived a long time and they would like to 

deal with their own people more so. 

Also a lot of the problems that we have is with the young people, 

too. We are trying to get a culture to go back to our original way 

of doing things, strongly in our tribe and outside of our tribe. 

Mr. RICHARDSON. Mrs. Oldman? What is the proper way for me 

to address you? Y.our Excellency? 

Ms. OLDMAN. Mrs. Oldman is fine. I consider myself a contemporary traditionalist. The fact is that I grew up with my parents 

who were elders and taught us our traditional way of life. Right 

now I live in our neighborhood in the same house in the same 

dwelling that I was born and raised in. 

Right now I feel that our land is getting encroached upon because of all the condo development going on around us and because 

of the high taxes in the resort area that I do live in. 

In order to keep our identity, we need to be united and the few 

people that do live in our neighborhood are elders and because of 

the high taxes they are on limited income. I think it is important 

that we need this land base because we will be able to go and collect our medicines and herbs and stuff in order to continue our way 

of life. Mr. RICHARDSON. Mrs. Glocheski, is there anything you would 

like to add? I know you feel very strongly about the subject. Axe 

there any comments you would like to make to this committee? 

Ms. GLOCHESKI. Well, I just wish that we could really get federally recognized because then we could do a lot for our elders and 

our children. 

Mr. RICHARDSON. You all look very young. But how is it that 

some of the other tribes that you signed treaties with were recognized and you were not? How do you think you fell through the 

cracks or maybe it is a question I should ask the lawyer. 

But Mr. Chairman, do you want to comment? 

Mr. ETTAWAGESHIK. I think Jim is in a better position to answer 

that question. 

Dr. McCLURKEN. Our written testimony details what happened 

during the Indian reorganization period. All the tribes in western 

Michigan were personally visited by representatives of the Federal 

Government including John Collier himself. John Collier assured 

them that the Indian Reorganization Act was made for them. The 

Federal Government actually went so far as to make plans to pur- chase trust land. But the appropriations in Congress were not forthcoming. There 

was not enough money to carry out the goals of the IRA. So the 

Bureau of Indian Affairs began focusing its attention on western 

tribes, tribes that already had land bases where they could acquire 

land in big lumps and preserve tribes out there. 

As a result of the relationship that had been developed between 

the State of Michigan, county governments and the local Indian 

bands, the tribes were receiving some kind of services which were 

a very difficult thing to provide at all during the Great Depression. 

The Federal Government believed that if they restored the tribal 

governments of these people that they would upset that balance 

with the State and county governments and made ,it their de facto 
140 

policy that they would not extend the IRA to these tribes. It was 

in effect literally crossing their names off a list. 

Mr. RICHARDSON. Doctor, since you have historically traced this 

issue, what has been the impact, the psychological impact, the 

identity impact of not being recognized? 

Dr. McCLURKEN. These people did not accept the Federal Government's decision. They formed a statewide coalition called the 

Northern Michigan Ottawa Association which was an organized 

business group; that is the way they characterized themselves. 

Each of the historic bands became units of that group and the first 

thing they did was they filed a claim before the Indian Claims 

Commission. 

The polity of the group remained intact until the Federal Govern- ment instituted the F AB process. The first time one of the Members of the NMOA went through the F AB process and said you are 

an acknowledged tribe, then the right to deal with the Federal Government as the representative within the treaty area passed to 

that single group and in 1980 left all the other bands in the cold. 

The impact, these people no longer had the right to represent 

themselves as governments in their home districts. They do not 

have the right to inter\rene in such basic issues as child welfare. 

They cannot prevent adoptions of Indian children by non-Indians. 

They have no part in the economic development that is going on 

with the seven acknowledged tribes. 

Right now you probably know that there has been a recent compact signed by the Governor of the State of Michigan legalizing certain forms of gaming and that the seven acknowledged tribes are 

building a capital base by which they have become self-sufficient. 

At the same time that is happening these people are living with 

50 percent of their population below poverty, side by side. There is 

tremendous economic and political inequity. 

What is happening culturally, I have never seen a stronger cultural reaction on every single level. The tribe not only knows their 

treaty rights, they recite them and they say this is what we want 

to do first. They can obviously mobilize the action to meet their 

goals. I think, sir, that that truly testifies to the strength of their 

cultural continuity. Mr. RICHARDSON. My final question is for both chairmen. Where 

are you located in Michigan if you can give me a physical description without resorting to a map? 

Mr. ETTAWAGESHIK. As many of us from Michigan do, we hold 

our hand up and say this is Michigan. We are just north of the little finger region of the State, near the Straits of Mackinaw along 

the northern shores of Lake Michigan. This is the Little Traverse 

Bay bands. Mr~ RICHARDSON. Do you lay claim to Mackinaw Island? 

Mr. E'ITAWAGESHIK. Well, Mackinaw Island is certainly in our 

area where we have spent time. That is to say, our tribe actually 

lived on Mackinaw Island for a while. All through the northern 

lakes we have tribal members. Although to say that we lay claim 

to the island, I think would not be exact. But I certainly like the 

place. Mr. BAILEY. As Frank was doing, we live right here on the shore 

of Lake Michigan. 
141 

Mr. RICHARDSON. You have made a convincing case. We are holding this hearing because we have serious concerns about the acknowledgement process that the BIA has. We are going to do something about it. It seems to me you have a convincing case. 

I appreciate your patience and your time. Your pride is very evident. I am sorry we cannot spend more time, but I think when the 

time comes to assess whether your time was well spent here, I 

think ;y:ou will conclude that it was. 

Mr. ETTAWAGESHIK. Thank you. 

PANEL CONSISTING OF HON. JOSEPH R. WINCHESTER, CHAIRMAN, POKAGON TRIBE OF THE POTAWATOMI; RICHARD 

. "MMKE'' DAUGHERTY, TRIBAL HISTORIAN, POTAWATOMI INDIAN NATION INC.; JAMES KEEDY, ESQ., MICHIGAN INDIAN 

LEGAL SERVICES; RACHEL DAUGHERTY, TREASURER; 

THOMAS TOPASH, COUNCILMAN; AND, JAMES McCLURKEN, 

PH.D., ASSISTANT PROFESSOR OF ANTHROPOLOGY, MICHIGAN STATE UNIVERSITY 

Mr. RICHARDSON. We will move on to the second panel, Honorable Joseph R. Winchester, Chairman of the Pokagon Band of the 

Potawatomi; Honorable Thomas Topash, Councilman; Rachel 

Daugherty, Treasurer; Richard Daugherty, Tribal Historian; James 

Keedy, Esquire, Michigan Indian Legal Services; and James 

McClurken, Ph.D., Michigan State University. 

Please take your seats. Thank you for coming. 

Again, as we discussed earlier, we will have the clerk put on the 

3 minute sign. Your full statements, by the way, appear in the 

record which will be published, including the extensive memorandum that Dr. McClurken mentioned. So again, don't feel that you 

are not listened to if you don't give your full statement. 

This area is full of very long statements. The shorter, many 

times, the better. 

Chairman Winchester, please proceed. 

STATEMENT OF HON. JOSEPH R. WINCHESTER 

Mr. WINCHESTER. Good morning, Mr. Chairman. My name is Joseph Winchester, recently elected chairperson of the Pokagon Band 

of the Potawatomi Indians. We are located in the southwestern corner of the Lower Peninsula. We are 30 miles as the crow flies from 

that small university at South Bend. 

At this time we ask your indulgence to take into consideration 

the fact that we as Potawatomis have been around for over 150 

years and that the tribal council, if you will take note of the picture 

that you have, the gentleman on the left of the picture is my late 

brother John Winchester, who has since deceased. The gentleman, 

going from left to right, next to the last on the right is the late Michael B. Williams, who has since deceased. He had been for a long 

time an advocate of the tribal problems, if you will. In fact we have 

a daughter of his here with us today who will briefly testify on our 

behalf. The members of the council in the picture dated back to 1948 

and some of the people we have here today are related to some of 

those people in the picture. So my point is that the council today 
142 

is consistent with the relatives that were on the same council years 

ago as far back as the late part of the 1800s to 1900s. So in essence we have had representation, if you will, for many 

years to testify, if you will, on different matters relevant to the Potawatomi, the Pokagon band specifically. 

It was my pleasure in 1963 to attend the hearings here in Washington of our land claims, if you will, against the Federal Government. In that short period of five days I was educated to the fact 

that, yes, we are Potawatomi and I still maintain that we are. So 

as recent as 1984-1985, the Claims Commission allotted two separate payments for settlement of land claims during the treaty period of 1795 to 1833. Mathematically, even quick figuring tells us 

that it was over 150 years before we realized payment of the land 

claims. 

But in reference to the land claims, the Federal feople tell us 

that has no bearing, it doesn't hold any water at al as far as us 

being Potawatomi people. That to me is an injustice on their part. 

In closing, I appreciate the offer to be here to testify on our behalf. With your kind indulgence, we would appreciate any and all 

consideration that could be given in the near future for our request 

for Federal recognition as Pokagon Potawatomi Indians. 

Thank you, Mr. Chairman. . [Prepared statement of Mr. Winchester follows:] 
143 

POTAWATOMI INDIAN NATION INC. AKA Pokagon Band of Potawatomi Indians 

53237 Town Hall Road. Dowagiac. Ml49047 Telephone 616-782-6323/616-782-7838 

Testimony of Joseph R. Winchester 

Chairman of the Pokagon Band of Potawatomi Indians 

in support of H.R. 878 before the House Committee on Natural Resources, Subcommittee on Native American Affairs 

September 17, 1993 

Good morning Mr. Chairman and Members of the Committee. 

I am Joseph Winchester, Tribal Chairman of the Pokagon Band 

of Potawatomi Indians living in southwestern Michigan. I am here as the latest representative ot a tribal government that dates 

back over 150 years to treaty times. My predecessors petitioned 

for reorganization under the Indian Reorganization Act. They 

also, along with Tribal Councils dating back to the late 19th 

century brought successful claims against the United States for 

monies owed -under the treaties. our Tribal councils that led us during the early and mid 1800's entered into treaties to cede 

land to your government. Rather than suffer the fate of removal, our leaders insisted on a provision to allow the Pokagon Band to 

stay in Michigan in the 1833 Treaty of Chicago. We then pooled our annuity monies to purchase land for our tribe. We still live 

in our ancestral homeland ot southwestern Michigan, where we lived when we,- signed the treaties. 

'I'd like to show you a picture of our tribal council in 

1948. The men in the picture are members of the Tribal Council. 

The man on the left is my oldest brother, John Winchester, 

deceased. ~e man third from the left is my uncle Michael 

Williams, deceased. This Council worked diligently to reorganize 

under the Indian Reorganization Act during the 1930's. They did 

not disappear when denied this right, but continued to keep the 

community together and press -the Pokagon's claims with the 

federal government. My uncle Michael Williams started in tribal 

politics as an interpreter tor his father, my great uncle, during 

the late 1800's. My great uncle, who lived to be 104, was already a young man when the 1833 treaty was signed, and was present at the treaty negotiations. There has been continuity in 

the Pokagon Band leadership from the time Pokagon lead us in the 

treaty negotiations through today. 

In May of 1963 I listened to testimony by Pokagon Band 

Potawatomi before the Indian Claims Commission for land claims 

from numerous treaties signed by the Potawatomi and the u.s. government during the period of 1795 and 1833. 

1 
1« 

At lonq last the u.s. Government settled the claims with the 

Potawatomi Indians. Two separate payments were issued to the 

Pokagon Band in 1984 and 1985. Simple arithmetic tells us that it was due for 150 years. 

Even though the u.s. Government entered into treaties with us and finally settled their claims monies due the Pokagons - they still maintain that we are not Indians for federal 

recognition purposes today, is that justice? Clearly not. 

Our tribal government and community has survived the past 

150 years. It is time we were treated the same as the other 

tribes that entered into treaties. Federal recognition will 

allow us to take our rightful place as a tribal government and 

better serve our members. 

Thank you for allowing me to express my thoughts today on behalf of the Pokagon Band of Potawatomi Indians from Michigan. 
145 

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146 

Mr. RICHARDSON. Thank you. I apologize for mispronouncing the 

name. My counsel who is a Chippewa gave me the wrong advice. It is all the staff's fault around here. 

Mr. Daugherty. 

STATEMENT OF RICHARD "MIKE" DAUGHERTY 

Mr. DAUGHERTY. My name is Richard "Mike" Daugherty. I am 

tribal historian. I have been active in the tribe for approximately 

50 years since I married my wife, Rachel Williams, whose father 

was tribal chairman at the time. 

The tribe is historically as a council that is made up of people 

who are direct descendents of people who were on the council 150 

years ago. I am talking about the people such as Wesaw, Topash, 

and Anaquepa who signed the original treaties from 1795 to 1833. 

So the people on the council today are direct descendents of those 

people. 

The tribe, the Pokagon Band of the Potawatomi, is in the same 

place they have been for hundreds, and according to legend, thousands of years in the southwest corner of Michigan a part of what 

used to be called the St. Joseph River Valley Band. 

They are there by virtue of the Treaty of 1833 and the supplement to the treaty of September 27, 1833 which allowed the 

Pokagon Band, which was the only group of the Potawatami Indian 

Nation that was allowed to remain in the State of Michigan by that 

treaty. 

The tribe's battles, their fights with the Federal Government, did 

not end at that time. They continued from that time to date. They 

had the fights over the fact that the Government failed to pay the 

annuities which culminated in them finally making payment in 

1843 but they should have been continued since 1833. It culminated in another battle in 1866 that they finally made payment 

on in 1896. They had a series of fights with them over the Chicago 

lake-front. In 1933 or 1934 it came under the effort to be included 

under the Indian Reorganization Act. 

At that time our people, Michael Williams, John Williams, Tom 

Topash and John Winchester wrote letters to the Federal Government to try to be included. The Federal Government even sent people there. At one time they were going to purchase land in the area 

called Middle Crossing. However, the war started and the Government representatives didn't come back and our people went off to 

fight in the war. In fact, we have a number of people who received 

Silver Stars and were recommended for Distinguished Service 

Crosses. 

Some people are very patriotic. They always go off to fight the 

wars. They figured well because the Government was involved in 

the war and we were involved in the war and that was the reason 

they did not come back. 

However, Phil Alexis, at a later point finally found an interdepartmental communication that said that none of the tribes of 

the Lower Peninsula, it made no difference whether they were Ottawa, Chippewa, or Potawatomi, were to be given Federal recognition, not because they weren't entitled to it, and that is what was 

said, but because the Government had failed to appropriate enough 

money. 
147 

We feel that it is about time that there be some justice done. The 

government has recognized the people up to 1984 or 1985 when 

they made the payments, without a thank you. 

[Prepared statement of Mr. Daugherty follows:] 
148 

POTAWATOMI INDIAN NATION INC. AKA Pokagon Band of Potawatomi Indians 

53237 Town Hall Road, Dowagiac, Ml 49047 

Testimony 

September 15, 1993 

Richard "Mike" Daugherty 

95811 Wildwood Drive 

Dowagiac, MI 49047 

Telephone 616-782-6323/6 !6-782-7838 

Tribal Historian, Potawatomi Indian Nation Inc. 

My name is Richard "Mike" Daugherty. I am the tribal historian of 

the Pokagon Band of the Potawatomi. My involvement started almost 

50 years ago " 1945" when I married my wife Rachel Williams, 

Kowtuc kmuck (family name). Her father was Michael B. Williams and 

he was tribal chairman. The council was comprised of John Topash, 

R.C. Mix, John Wesaw, Isaac Shagonaby, Jewett Pokagon Tom 

Winchester, John Williams, Joseph Morsaw and in 1948 John Ri chard 

Winchester and Peter Pokagon in addition. Ov er the year I have 

a lways had close ass ociation with the tribal leaders so had the 

benefit of listening and questioning the elders and authorities as 

to what had taken place over the years in the tribal government 

relations with the U.S. Government . I learned the Potawatomi 

language as a result of these associations. Our language is now 

being shared. The Pokagon Band of Potawatomi are a trea ty tribe 

and have been in the same area of southwestern Michigan for 

hundreds of years. They were part of the St . Joseph River Valley 

Band. They are in southwestern Michigan today by virtue of the 

admendment to the Treaty of Chicago , September 27, 1833. They were the only Potawatomi Band allowed to remain in Michigan. 

When Pokagon arrived at the treaty site he found that most of the 

b ands there were under the influence. The Government had allowed 

the whiskey peddlers to come in. Pokagon being a teetotaler pulled 

the band back away from the site . By the 26th of September 1833 the Government agents had everyone of the leaders signatures except 

Le opold Pokagon's. Leopold refused to sign. He would not leave 

Michigan because of his fear he would lose the meck-daa koon-yah 

(Black Rob~e, Priest) and would lose their religion. The band was 

predominately Catholic. 

According to legend the Government agents were angry with Pokagon 

and one of them said "Everyone else has signed but you. 11 The agent 

is quoted as saying further "You did not bring any warriors. We 

have you in here and we could kill you." To which Pokagon said, 

"Yes, but I have you and I can kill you." 

Whatever the facts are, the government agents agreed to allow the 

Pokagon Band to stay in Michigan and would procure land for them at 

L' Arbre Creche (called Harbor Springs today). The Band was 

supposed to be there by 1836. All benefits and annuities were to 

be paid there the same as if the Band had gone west. In 1835 

Pokagon sent tribal members to Harbor Springs. They reported back 

to him that the area was still Ottawa. The government had not 
149 

finished neSJotiations with the Ottawa. In 1836 Pokagon and a priest b y the name of Father Reese went back to Harbor Springs and 

found the situation was basically the same. There was no land 

available for the Pokagon Band. The government had failed to procure the land. Pokag on then met with the government agents and told them you are dishonest, You canno t give us what y ou don 1 t 

own. The government g.ave Pokagon approximately $2,000 . 00 with 

which to buy land. This he did and ultimately acquired 1400-1500 

acres just north and west of the town of Dowagiac. 

The land Leopold Pokagon bought for the Band was part of the Bands 

old hunting, fishing, trapping, gathering and planting area. 

Pokagon had the deeds registered with the Register of Deeds office 

in Cassopolis, Michigan . 

However the government had assigned Gene ral Hugh Brady the task of 

removing all indians from the area. The General preceded to try to 

convince Pokagon to move. 

Pokagon realizing that the government might not honor the Bands 

treaty r ight to remain in Hichigan sought other help in t he person 

of Assistant Supreme Cou r t Justice Epaphrodi tus Ranson who wrote an 

opinion stating that the Pokagons had the r ight to remain . On the 

17th of August 18-10 Ge ne ral Brady me t with Pokagon near Silver 

Creek a t which time Pokagon gave the Gen eral the judges letter. 

The General met with Judge Ranson a sho r t time later and c onfirmed 

the lette rs validity. General Brady then notified his superiors 

that the Pokagon Band had the right to remain. From the v ery 

beginning the Bands Counc il government h as had a continuo us fight 

with the Federal Government. To make the U.S. live up to their 

treaty contract with the band concerning annuities, payments and 

other o bligations. The Ba nd's Tribal government has bee n forced 

from the beginning to see k legislation a nd liti g ati o n as well as 

lobbyi ng to try to get jtts tice. 

In 193-1 the Band applied for recogn i tion under the Indian 

Reorgan ization Act known as the Wheeler Howard Act. The government 

gave rec o gnition and bought land for the Potawatomi in Crandon, 

Wisconsin and the Potawa t omi in the Uppe r Peninsula of ic higan as 

well as the Chippewa and Ottawa in the V.P. Both of these 

Potawatomi Bands were supposed to ha v e removed we s·t to the 

reservati on. In short t hey were not legall y by treaty in Wisconsin 

or Mich igan. They wer e esc apees. We hav e nno argumen t wi th their 

having be en given Fede r a l Recognition but we definite l y have an 

argument with the Gove rnment for withholding Federal Recognition 

from the Tribes/Bands in the Lower Peninsula of Michigan and 

specifica lly from the Pokagon Band which was the only Potawatomi 

Band in the State of Mich i gan with the Treaty right to be there. 

The Secretary of Interior John Collier a nd his field agents never 

said that the Potawatomi , Ottawa and Ch i ppewa tribes in the Lower 

PeninSIJl a were not eli g ible. They said t hat none of t he Indians 

in the Lower Peninsula s hould be recogn ized because the Government 

had failed to appropriate enough mone y to buy them l a nd and the 
150 

Indians were in dire economic straits but were receiving aid from 

the State of Michigan. If the Feds stepped in it would upset that 

relationship and the Indians would be in worse shape. This has a 

hollow ring as the people in the t:. P. were in exactly the same 

situation and it did not make their situation worse. The 

government of the Pokago;;-Band is still comprised of the decendants 

of the Bands Tribal government from 150 years ago i.e. Joseph 

Quigno grandson of Simon Pokagon and great grandson of Leopold 

Pokagon, Daniel Rapp decendant of Geo. Rapp and Victoria Moose & 

leopold Pokagon, Phil Alexis grandson of Patrick Alexis, great 

grandson of Henrietta Pokagon, great great grandson of Leopold 

Pokagon, John Wesaw Jr. grat grat great grandson of Topinasiee and 

great great grandson of Chief Wesaw, Raechel Daugherty, Tom Topash, 

Joseph l"inchester decendants of Tom Topash, Frank Topash and 

Augustine> Topash and Peter Kat .. ;tuckmuk ~'illiams. 

The Tribal Rand government today the same as in the past, continues 

to work for the benefit of the Tribe/Band. 

The Pokagon Band is now again seeking reafirmation and 

acknowledgement of their status as a Federally Recognized 

Tribe/Band. They are a Treaty Tribe/Band. The;· have never been 

terminated, They have alwa;·s had an interactaive Tribal/BAnd 

Comn1unity, They have always had a Tribal/Band go,·ernment and have 

always had government to government relationship ,.; th the l!. S. 

government. 

Ke are requesting that our Federal Recognition be acknowledged, be 

reaffirmed and that after 150 years justice be finally done. 
151 

Mr. RICHARDSON. Mr. Keedy. 

STATEMENT OF JAMES KEEDY, ESQ. 

Mr. KEEDY. Thank you. Good morning. I think you have heard 

already today, and I am sure you will hear again, that the recognition by treaty is Federal recognition and that none of these tribes 

have been terminated, especially the Pokagon Band. That is a 

sound reading of the law. You have heard in the past from legal 

scholars such as Vine Deloria that that is the case. 

That is not just our position though; that is also the position of 

the Department of Interior. In a 1976 memo from the Solicitor to 

the Secretary of Interior, they reviewed the whole law for the Secretary on Federal Recognition and concluded that the prime indicia 

of Federal recognition is the execution of a treaty. 

They continued on and said that the tribes continued to exist unless specifically terminated by Congress. Finally, they concluded 

that the Department of Interior alone could not disestablish a tribe. 

You will hear from Dr. McClurken that that has never happened. 

The only other question you might ask yourself, then, is is the 

same group here today the same group that signed in the treaties 

in 1833? In my work with this group, I have been amazed at the 

continuous documented history of the political involvement of the. 

tribal council from 1833 right through today. 

You have documents going to the Federal agents in the 1830s 

and 1840s saying our annuities are not being paid. You have the 

group going to Congress in the 1840s and 1850s and 1860s, and 

you have Congressional reports of their visits here saying our annuities are not being paid. They finally got the annuities paid 1866, 

but not enough. It was not what the treaties provided. 

Then you have another 10, 12 or 20 year period with every year 

coming to Congress and we have reports from the Senate and 

House committees finding their case was favorable but never acting 

on it. We go up through the 1900s and we have minutely detailed 

minutes of their council meetings, and the 30s Mr. Daugherty has 

just talked about. 

So it is very clear to me this has been a continuously functioning 

government from the 1830s to today. Now they are in their second 

decade of seeking Federal recognition. 

What I am asking, and it is not my personal testimony, but I 

have observed that Ray's father, for example, worked for seventy 

years on this process. They are going to persist. They will continue 

to come back to Congress, I am sure, from year to year. 

But I think it would be a special thing for Congress to do before 

this present council is gone, so another council does not have to 

keep coming back here. Thank you. 

Mr. RICHARDSON. Thank you very much. Now we will move on 

to the Honorable Rachel Daugherty. 

STATEMENT OF RACHEL DAUGHERTY 

Mrs. DAUGHERTY. Thank you, Mr. Chairman. I appreciate this 

opportunity to come before you to ask support of House Bill 878. 

My name is Rachel Daugherty. My father was Michael B. Williams who was born in 1881 and died in 1969. He began his tribal 

business as Secretary when he was 16 in 1897 because he could 
152 

speak both languages and read and write. He spent a lifetime seeking justice and fairness for the Potawatomi. He was active along 

with his father, Peter Kowtuckmuck, and brothers, Frank, Peter, 

and John. A priest gave them the name of Williams. My grandfather, Thomas Topash, was also a man of political and spiritual 

leadership. 

As my grandmother and mother did to help their families to seek 

our rights and causes, I have continued to do the same with much 

help and support from my husband, Richard E. Daugherty. Today 

I serve on the present council. I have lived my lifetime seeking the 

reaffirmation of Federal Recognition. I will continue. I believe that 

this is the true justice for us. 

The treaties between the U.S. Government and the Pokago Potawatomi promised payment for those lands that were to be purchased by the U.S. Government from Potawatomi. Payments were 

not well honored, very sparse and so long in coming. But these payments could have given the Pokagon Potawatomi the means to buy 

their original property, thereby giving them good land, good homes, 

good jobs and good health. To quote my father who years ago said 

if we had the land to raise "celery and onions", we could become 

self-sufficient. We have always respected this land and what it 

gives back to us. Today, we are seeking for the same self-sufficiency that comes from this land. We need means of economic development, education privileges, health care, jobs, homes for our elders, and protection of our future through our children's successes. 

Federal Recognition and reaffirmation of our treaty rights are 

long overdue. 

Thank you. 

[Prepared statement of Ms. Daugherty follows:] 
153 

· POTAWATOMI INDIAN NATION INC. 

S3237 Town Hall Road, Dowagiac, Ml 49047 

Testimony 

September 15, 1993 

Rachel Daugherty 

95811 wildwood Drive 

Dowagiac, MI 49047 

AKA Pokagon Band of Potawatomi Indians 

Telephone 616-782-6323/616-782·7838 

Treasurer, Potawatomi Indian Nation Inc. 

Vice Chair, Confederation Historic Tribe Inc. 

~ly name is Rachel Daugherty. My father was Michael B. Williams 

(1881-1969), who began his tribal business as secretary when he was 

16 in 1897, because he could speak both languages and read and 

write. He spent a lifetime seeking fairness and justice for the 

Potawatomi. He was active along with his father, Peter Kowtuckmuck 

and brothers, Frank, Peter and John. A priest gave them the name of Williams in place of Kowtuckmuck. M~· grandfathe·r, Thomas 

Topash, wa~ also a man of political and spiritual leadership. As 

m~· grandmother and mother did to help their families to seek our 

rights and causes, I have continued to do the same with much help 

and support from my husband, Richard E. Daugherty. Today I serve 

on the present council. I have lived my lif.,time seeking the 

reaffirmation of Federal Recognition. I will continue. I believe 

that this is the true justice for us. 

The treaties between the U.S. Government and the Pokagon Potawatomi 

promised payment for those lands that were to be purchased by the 

U.S. Government from Potawatomi. Payments were not well honored, 

very sparse and so long in coming. But these payments could have 

given the Pokagon Potawatomi the means to buy their original 

property, thereby giving them good land, good homes, good jobs and 

good health. To quote my father who years ago said if we had the 

land to raise "celery and onions" we could become self sufficient. 

we have always respected this land and what it gives back to us. 

Today, we are seeking for the same self sufficiency that comes from 

this land. We need means of economic development, education 

privileges, health care, jobs, homes for our elders, and protection of our future through our children's successes. 

Federal Recognition and reaffirmation of our treaty rights are long overdue. 

Thank you. 
154 

Mr. RICHARDSON. Thank you very much. Mr. Topash. 

Mr. TOPASH. Mr. McClurken will go next. 

Mrs. DAUGHERTY. We have Mr. McClurken speaking now. 

Mr. RICHARDSON. Usually the Chair makes those decisions, but 

I will follow yours, Mrs. Daugherty. 

STATEMENT OF THOMAS TOPASH 

Mr. TOPASH. I will follow your recommendation and go next. The 

reason I wanted to go last is that Mr. McClurken has some remarks that relate to our ethnology and the study of that. What I want to point out is that there have been over the years 

a number of examples, especially back in the 1830s, of alcohol 

being seen as a negotiation program by the government. It was 

something that worked for a number of people that were removed 

from our area. 

Our tribe remained because they abstained and choose to work 

harder at finding the means to keep themselves in our own tribal 

territory. Today the tribes that were removed and those that escaped are federally recognized. It is bitter irony that today we remain in the home land and are not recognized. 

It is not well-known that the spiritual leaders of that time, up 

to surprisingly recently, were systematically killed. It is very well 

known, though, that the Indian children were removed to boarding 

schools. All this attempt to assimilation and demise of a culture 

has fortunately, I can say, proven to be a failure and that is because a great many of us continue to practice traditional ways and 

know something about our culture. That is clearly evident within 

our own group. 

I want that to be known but I want it also to be known that the 

need for this recognition goes far beyond retaining our culture. As 

Ray spoke of so well, the economic development process is very important. The means of improving on our own a sense of dignity will 

come about through that process. 

It is obviously a mistake and a miscarriage of justice for us not 

to have been recognized. I would ask that you take an active part 

in fixing that situation. 

As was mentioned earlier, my great grandfather, Thomas 

Topash, sat in these same rooms and walked the same halls attempting to get the Federal Government to live up to the obligations of our treaties. 

I honestly and sincerely believe that it is time to halt this circular process that has continued and that this Congress exercise 

their powers. You have the opportunity to correct the wrongs of the 

past and to bring about justice, in my opinion. We are sitting here 

looking to you to assist our tribe in getting recognition. [Prepared statement of Mr. Topash follows:] 
155 

POTAWATOMI INDIAN NATION INC. 

53237 Town Hall Road, Dowqiac, Ml 49047 

Testimon~­

September 15, 1993 

AKA Pokagon Band o! Potawatomi Indians 

Telephone 616-782-6323/616-782-7838 

Thomas W. Topash 

Pokagon Band Potawatomi ~!ember 

Gentlemen of the House Committee: 

You have heard in excellent and minute detail, our history, 

It is well known and thoroughly documented. It is a rich 

demonstration of a patient people, not begging, but consistent in 

our insistance on redress. 

It is abundantly clear that our Pokagon Band of Potawatomi has 

been •.. has alwavs been recognized by the communities surrounding 

the southern Great Lakes. We are recognized by other tribes, We 

are officially recognized by the State of Michigan. Our ancestors 

have been signatories to the treaties from 1795 to 1833. We have 

thus been recognized by the government of the United States. 

When will it happen that reaffir•ation of this federal 

acknowledgement will recur??? 

Last year, visited the Bureau of Acknowledgement and 

Research office to check on the status of our partition and 

documents. They were in two boxes of material fullfilling the 

letter of the 25CFR83 Regulations. The Director located the boxes 

after some search. They were on the floor • , • unopened, Even 

though we have done our documentation in great detail, we must 

await those which submitted a letter of intent prior to the 

Pokagons. Number 78 means that we could be retained on hold for 

the next ~years. 

We need economic development opportunities. We are talking 

about basic job and business development that are the foundation 

for economic independence. 

My Greatsrandfather, Thomas Topash, sat i:n these same halls 

attempting to get this government to live up to the obligations of our treaties. I honestly, sincerely believe it is time to halt 

this circular process and have the Congress exercise their powers. 

You have the opportunity to correct wrongs of the past and bring 

about justice. 

In my opinion, expediency of this recognition would be 

justice: 
156 

Mr. RICHARDSON. Thank you . . Mr. McClurken. 

Mr. McCLURKEN. I think I would defer to any questions that you 

have rather than presenting information that they have already 

given a good deal of. 

[Prepared statement of Dr. McClurken follows:] 
157 

Testimony of James M. McClurken, Ph.D. 

before the 

House Natural Resources Committee, Sub-committee on Native American Affairs 

concerning 

H.R. 878 

A Bill for Status Reaffirmation and Clarification 

of the 

Potawatomi Indian Nation (The Pokagons) 

Mr. Chairman and members of the Committee, I am James McClurken, Assistant Professor 

of Anthropology at Michigan State University. I have recently had the pleasure of working 

with the Pokagons in preparation of a museum exhibit which is designed to tell the story of 

their tribe to the public. The scope of my work for that project included research in 

nineteenth and twentieth century documents and ethnographic study in the Pokagon 

Community. I did not come here to testify today about the details of Pokagon Potawatomi 

history. There are other scholars better qualified than myself to testify concerning the 

volumes of facts that history has recorded about this tribe. 

I came here today to assure this committee that from my studies of the Pokagon 

Community, and from my previous studies in Great Lakes Indian ethnohistory that the 

Potawatomi Indian Nation or The Pokagons are and have been a tribe since Americans first 

came to the Great Lakes. The Pokagons have treaties with the United States. Their tribal 

status has never been terminated by Congress or compromised by Executive Order. They 

are in every sense a traditional kin-based community with a distinct culture that they, other 

Indian tribes, and non-Indians all recognize as distinct. 

The Pokagons have been known as the Catholic Potawatomi of Michigan since the early 

1830s. The traditional center of Pokagon polity is the extreme southeastern portion of 

Michigan's Lower Peninsula. Even today, tribe members live in their traditional territorial 

range in Berrien, Cass, and Van Buren counties with population concentrations near the 

towns of Berrien Springs and Dowagiac. 

Historically, this southern location in the richest of Michigan's richest farmlands, placed the 

Pokagons in the direct line of American settlement a full decade before their Ottawa 

neighbors to the north. As the owners of these prime agricultural lands, the Pokagons were 

called upon to negotiate a series of treaties with the United States, documents that stand 

today as U.S. acknowledgment of the Pokagons and as markers of the tribe's justified claims 

to government-to-government relations with the federal government. 

The Pokagons were first called upon to relinquish their claim to lands in the southern Great 

Lakes region in 1795 at the Treaty of Greenville which acknowledged United States' 

jurisdiction over the Potawatomi and their territories. Between 1796 and 1811 the 

Potawatomi bands who lived to the south and east of the Pokagons made a number of 

treaties that ceded title of their lands in Ohio and Indiana to the United States. In those 

84-978 - 95 - 6 
Dr. James M. McClurken 

September 17, 1993 

Page 2 

158 

years before the War of 1812, Michigan lands still remained off the beaten path of American 

westward movement. The Michigan Potawatomi, including the Pokagons, were not called 

upon to cede the lands they inhabited and regularly used for subsistence until negotiations 

of the 1821 Treaty of Chicago. 

The opening of the Erie Canal in 1825 turned the southern tiers of Michigan counties into 

a thoroughfare for American settlers and a prime destination for farmers who wished to 

remain in Michigan. In the 1821 Treaty of Chicago, the Pokagons ceded to the United 

States land between the Grand and Kalamazoo Rivers, a region north of their modern home 

which they shared with the Grand River Ottawas. In 1827 the Huron Potawatomi, eastern 

neighbors of the Pokagons, signed a treaty relinquishing their lands in southeastern Michigan 

reserving lands for themselves within their traditionally used territory. In 1828 the Pokagons 

and related Potawatomi bands sold their lands on the St. Joseph River, the heart of their 

Michigan territory, leaving only one small parcel of Michigan land in Potawatomi ownership. 

In 1832 the Pokagons signed yet another treaty selling all but one small reservation within 

their home territory. They were not allowed to enjoy possession of this land for long. In 

1833 the Pokagons were called to Chicago to negotiate a final treaty to cede their remaining 

Michigan reservation. 

The 1833 negotiations at Chicago were a carefully orchestrated event put together by wellversed, prominent state and territorial officials. Their goal was to purchase all remaining 

Potawatomi land in the Great Lakes and move all members of this tribe to Kansas under 

the provisions of the newly-ratified Indian Removal Act. From the perspective of federal 

officials, the negotiations were a success. The Potawatomi did sell all of their land. All but 

one band, the Pokagons, agreed to move west. Their opposition to leaving their home for 

Kansas was so strong that they negotiated a supplementary article signed on September 27, 

1833 which reads in part: 

... And, as since the beginning of the treaty a part of the. band residing on the 

reservations in the Territory of Michigan have requested, on account of their religious 

creed, permission to remove to the northern part of the peninsula of Michigan, it is 

agreed that in the case of such removal the just proportion of all annuities payable 

to them under former treaties and that arising from the sale of the reservation on 

which they now arise shall be paid to them at L'arbre, Croche. 

This supplemental article preserved the Pokagons' right to remain in Michigan and set the 

stage for the tribe's future dealings with the United States, many of which occurred around 

the payment of annuities that would be distributed by the United States unti11866. This was 

the Pokagon's final treaty with the United States, and nowhere in its language is the tnl>e 

terminated. 
Dr. James M. McCiurken 

September 17, 1993 

Page 3 

159 

For a variety of reasons, the Pokagons did not move north into Ottawa territory, nor did 

they receive their annuities, nor were they allowed to live peacefully. The Pokagons and 

other Catholic Potawatomi Indians of southern Michigan had given the United States 

everything that the federal government wanted of them. They gave up all of their land, they 

had agreed to remake their entire economy by becoming agriculturists, they had become 

Christians and were well on their way to becoming "civilized" after the American style. Yet, 

the United States did not see fit to leave them in peace. In 1840, Secretary of War Joel 

Poinsett ordered General Hugh Brady to round up all of the Michigan Potawatomi, including 

the Pokagons, and move them to Kansas. Some Potawatomi left Michigan and moved to 

Canada, some hid in the swamps. Leopold Pokagon, the leader from whom the modern 

Pokagon Band draws its name, enlisted the aid of the Michigan Supreme Court. Associate 

Justice Epaphroditus Ransom issued an opinion on the Pokagons saying that the 1833 treaty 

gave the Pokagons the right to remain in Michigan and that no federal force had a right to 

move them. The federal government capitulated to threats issued in this opinion and the 

United States made no more attempts to move the Pokagons from Michigan. 

Rebuilding their economic structures and adjusting their society to the new realities of life 

in southern Michigan was no easy task for the Pokagons. A long list of difficulties 

exacerbated their poverty and political helplessness. The treaties that the Pokagons were 

party to had left them landless. Although the small annuities promised in the treaties would 

have allowed them to purchase land, the United States failed to deliver the money due 'to 

the Pokagons until 1843, a full ten years after the payments were to have begun. Even when 

the money was delivered, only a portion of the cash due to them actually arrived. 

Until 1866, the procurement of their back annuities served as a catalyst for continuing a 

highly active political relationship between the Pokagons and the United States. Pokagon 

tribe members used every means at their disposal, especially lobbying congressmen and 

sending delegates to Washington, to pursue the band's interests. In 1866, After more than 

twenty years of political effort, the Pokagons won back-payment of their annuities. They 

received, however, an amount less than they had expected, to be distributed in a way that 

they considered unjust. The feeling that they had been denied justice in this matter served 

as a catalyst for further political actions by their leaders and led to a continued presence of 

the Pokagons in the halls of Congress. 

The Bureau of Indian Affairs today contends that the Pokagon Potawatomies are an 

"unacknowledged" tribe. When did the United States stop acknowledging the Pokagons? 

Throughout the Pokagons' pursuit of justice after the 1866 annuity distribution, the tribe and 

the United States acknowledged that even though the Pokagons were considered voting 

citizens of the State of Michigan, that the United States remained their guardian in a treatybased trust relationship with the tribe. This trust relationship continued at least until 1882. 

That year, the Pokagons once again sent representatives to Congress for redress of 
Dr. James M. McClurken 

September 17, 1993 

Page 4 

160 

grievances surrounding the 1866 payment. Documents show that in 1882 the Office of 

Indian Affairs and the Department of Interior certified that the Catholic Potawatomi of 

Michigan were a recognized tribe and that the United States considered the Pokagon tribe 

to be wards of the United States. 

The trust relationship between the United States and the Pokagons had still not been 

severed in 1890. In January of that year, the House of Representatives and the United 

States Senate passed legislation which allowed the Pokagons to sue the federal government 

in the United States in the Court of Claims for annuity monies still due the tribe after the 

1866 payment, a case that the Pokagons won. In 1896, the United States created a roll of 

tribe members and paid them the proceeds of the Court of Claims settlement. The same 

tribal council that functioned throughout the nineteenth century continued well into the 

twentieth century. The Pokagon Council maintained the same relationship that they had 

always enjoyed with members of Congress, the Commissioner of Indian Affairs, and the 

Secretary of the Interior. 

I believe that the severing of the trust relationship between the Potawatomi and the United 

States had no basis in law. Rather, it was an administrative act done by the Bureau of 

Indian Affairs and was a matter of perceived economic necessity during the Great 

Depression. The first documentary indication that the United States regarded the Pokagons 

as anything but a legitimate, federally acknowledged tribe did not occur until 1934. That 

year, the Pokagon tribal council sought some of the economic benefits that were to accrue 

to Indian tribes under John Collier's Indian New Deal. The United States had remade their 

tribal status. When the landless Pokagon Potawatomi began the process of "reorganization," 

they were informed that they were not in a ''wardship" status with the United States and that 

they could only apply for reorganization under the "half-blood" provision, Article 19 of the 

Act. Based on little information and still less understanding of the Pokagon relationship with 

the United States, twentieth century officials at the Bureau of Indian Affairs made an 

administrative decision to break a treaty-based trust relationship with yet another Michigan 

Indian Tribe. 

This adverse and erroneous ruling by the Bureau did not end the Pokagons. Their political 

structures and culture continued as it had for the hundred years since their last treaty with 

the United States. Their elected tribal council, comprised of the leaders of each kin-group 

of the community, continued to unite their kinsmen and constituents in dealings with the 

United States. They filed claims with the Indian Claims Commission, cases which they 

pursued throughout the 1940s, 1950s, and into the 1960s. When the United States refused 

to recognize the right of the elected council to operate as a tribal government, the Pokagon 

council incorporated under Michigan law in 1952. Corporate status enabled the tribe to 

legally hold property on behalf of its members, devise and fund tribal development 

programs, and provided access to social programs that were available to them. 
Dr. James M. McCiurken 

September 17, 1993 

Page 5 

161 

In 1982, the Pokagon tribal council began the arduous task of petitioning the Bureau of 

Indian Affairs, Branch of Acknowledgment and Research to restore their government-togovernment relationship with the United States. I have followed their progress from the 

beginning of research, through the preparation of their petition, and most recently through 

the working of the Bureau's arcane administrative rules. Even though the Pokagons 

completed their petition to the Branch of Acknowledgment over one year ago, they have still 

not been placed on active consideration. For eleven years members of the Potawatomi 

Indian Nation have invested their precious time, their limited resources, and placed their 

hopes in a process that is hopelessly flawed. It is their frustration at being wrongfully denied 

a status legally due to them that brings the Pokagons to Congress today. I believe that 

historical facts support their political contentions. I also believe that justice will be served 

by passage of H.R. 878. 

The treaties that I listed earlier in this testimony may appear as ancient history to modern 

readers. To the Pokagons, these treaties are not part of a distant past. On this panel today 

you have heard testimony from Mrs. Rachel Daugherty. Mrs. Daugherty has served as a 

member of the Pokagon tribal council for most of her life; her father, Michael Williams, 

served on the tribal council for nearly seventy years before her. Michael Williams's father, 

Kowtuckmuck (Universe), signed the 1833 Treaty of Chicago. The treaty tradition is passed 

directly from generation to generation. Although the Bureau of Indian Affairs has forgotten 

its trust responsibility to the Pokagons, the tribe has not. I am pleased to add my voice to 

those of the Potawatomi Indian Nation in asking for speedy passage of this legislation and 

restoration of their legal relationship with the United States. 

pop.tsl 
162 

Mr. RICHARDSON. Mr. Daugherty, why go through the congressional process as opposed to the Federal acknowledgment process? 

Mrs. DAUGHERTY. Which Daugherty are you speaking to? 

Mr. RICHARDSON. I will ask you both, but I will start with you 

first. 

Mrs. DAUGHERTY. We have found that the BAR process does not 

work. 

Mr. RICHARDSON. Mr. Daugherty? 

Mr. DAUGHERTY. We have had our petition into the BAR for a 

number of years, since 1988. We have supplied all of the documentation that they have requested. We were promised that we 

would be put on active consideration in 1991. We were not put on 

the active consideration. We had our documentation in long before 

the other people had their documentation in. 

But by virtue of the fact that they had a lower application number, they were allowed to bump us, even after we had been promised that we would be put on active consideration. 

This is the fourth time that we have been bumped. We feel that 

the only reasonable course that we have is to go through the legislative process. 

Mr. RICHARDSON. Mrs. Daugherty, tell me about your view, the 

same question I asked the previous panel, on the impact of not 

being recognized, the psychological and identity impact. 

Mrs. DAUGHERTY. One thing it has done, it has kept us together 

seeking this cause. We all want it. We are a tribe. We would like 

the same treatments that the other tribes received. When we are 

not recognized we are put down. We are totally ignored. So we need 

this. 

In fact recently we had a young man who was seeking to have 

his nieces and nephews in his home to be their foster parents but 

they were given to a white family. Because we are not federally 

recognized, we are not included under those laws and we would 

like things like that. That would be-that is fairness. We want 

this. 

Mr. RICHARDSON. Mr. Chairman, do you want to add anything? 

Mr. WINCHESTER. It was my privilege to attend those hearings 

down home so to speak in relation to the possible adoption of one 

of our tribal members of a brothers's children. They made it quite 

clear it was the judge's decision, that we did not come under the 

ICW act of 1978. 

As a result, as recently as two weeks ago we talked with a lawyer in the greater Detroit area who has verbally committed to the 

fact that he would like to pursue this in a higher court, specifically 

Federal courts in a greater portion of Indianapolis, Indiana. So that 

is what we are going to do. 

Also, by not being recognized, if we want to have benefits for our 

people we could transport them about six hours up the road, so to 

speak, in the Upper Peninsula and then we could have some benefits. But then we have to bring them back home, so to speak. 

If we had health benefits down home we would not have to make 

that journey. That would be two ways we could benefit if and when 

we are recognized. 

Thank you. 
163 

Mr. RICHARDSON. Let me ask the Michigan Legal Services representative. As I understand it, does the State of Michigan recognize the tribe? 

Mr. KEEDY. Yes, one of the documents that is in the testimony 

is from the Michigan Commission on Indian Affairs. They testify to 

the recognition of the tribe. 

Mr. RICHARDSON. So how do you think recognition would change 

the relationship with the State, if we proceeded with the bill, what 

would be the basic change? 

Mr. KEEDY. With the State, I don't think there would be much 

of a change. There are already seven fairly organized tribes in 

Michigan, and they are all served by the Commission on Indian Affairs. In fact the Chairman of the Sault Ste Marie Tribe is the 

Chairman of the Michigan Indian Affairs. The tribes within Michigan treat each other equally. 

Mr. RICHARDSON. As the Chairman mentioned, as I understand 

it, the Indian Child Welfare Act, which requires tribal and Indian 

preference for placement of adoptions and foster placements, 

doesn't apply to you since you are not recognized; is that correct? 

Mr. KEEDY. Yes, we represent the Pokagon Band in several cases 

where we have urged the courts to find that the Indian Child Welfare Act does apply to tribal children. In every case we have been 

unsuccessful. 

The courts have been pretty steadfast in maintaining that you 

have to be on the BIA list of organized tribes. 

Mr. RICHARDSON. Mr. Topash, you said your father was very active in the tribe. What would he say to the committee if he were 

here today and he knew what had happened since you appeared 

today? 

Mr. TOPASH. That was my great grandfather. He quite probably 

would have been a lot more bombastic about it all than myself because his frustration would have been much more compounded because of the lack of progress over the years. 

I guess that it was his view that the paternalism of the government over the people of our tribe who had all of the capacity to 

think of all the needs that they had, that that aberration continues 

even today, and I know that his major focus would have been on 

economic development because he worked very, very hard to make 

his farm go well, and he was successful, but so many are unsuccessful today yet, 50 percent of our tribe, that is appalling. 

Mr. RICHARDSON. What about tribal religion, is that important to 

your tribe? 

Mr. TOPASH. It is extremely important. However, as you might 

know throughout the country, there is the perception of a division 

between Christian and traditional practices. Our tribe has always 

melded those quite well, and I think that today we see many more 

people finding the value of the traditional practices, and it is our 

hope that through the growth in strength and pride that the majority society will begin to recognize the value of our interaction with 

the environment. 

That is perhaps sounding like platitudes, but I think in reality 

it will do something for our country, living on Mother Earth well. 
164 

Mr. RICHARDSON. Dr. McClurken, is there anything you wish to 

add regarding the historical perspective you gave us on previous 

witnesses? 

Mr. McCLURKEN. I gave you my perspective in written testimony 

for this tribe as well. One thing I would like to add that none of 

these people talked about is that they have no reservations, they 

had the great misfortune of living on the richest farmland in Michigan along the routes opened by the Erie Canal in 1827. 

Of all the Potawatomis who lived in Michigan, only they remain. 

Rachel's grandfather was at the negotiation of the last treaty. 

Mr. RICHARDSON. Was that John Bailey? 

Mr. McCLURKEN. No, that is the other tribe, Koutokmok Universe is her grandfather. This is very real, very fresh, and the 

generational differences that Congress has from administration to 

administration don't exist. Their history is a coherent text. 

Mr. RICHARDSON. Who is the main sponsor of your bill? 

Mr. DAUGHERTY. Congressman Upton and Senator Riegle and 

Senator Levin and Congressman Roemer. 

Mr. RICHARDSON. Fred Upton, a very good Member, okay. Well, 

let me say the reason we called this hearing is because of the concern that I have since I became Chairman of the Indian affairs 

Subcommittee in January that we have a lot of tribes around the 

country that have been, in my judgment, either mistreated or not 

given the proper attention and priority to their acknowledgment 

process, and we want to change that either through passing legislation that deals directly with the legislative route or legislation that 

we can craft to make the acknowledgment process more responsive. 

I have my doubts about that, given the record, but this is why 

you are here, and you also have made a convincing case. I come 

from New Mexico and 20 percent of my population is Native American. One of the great learning experiences I have had since I became Chairman is the difference in our Native American communities, the difference in culture, history, but with very strong bonds 

of identity and religion and custom and I think you have all reinforced that, and I appreciate it. 

I don't know much about your tribe. I think that is obvious, or 

about tribes in Michigan. I am trying to learn as much as I can 

by traveling. I hope to do that sometime soon, but I do appreciate 

your coming here and your appearing. 

I wish you the best, and I think you have a strong case and good 

sponsors, and again I appreciate your coming before this committee. 

Thank you very much. 
165 

PANEL CONSISTING OF HON. CARL FRAZIER, CHAIRMAN, 

BURT LAKE BAND OF OTTAWA AND CHIPPEWA INDIANS; 

HON. D.K. SPRAGUE, CHAIRMAN, GUNN LAKE BAND OF POTAWATOMI INDIANS; HON. WILLIAM CHURCH, SECRETARY OF 

STATE, GUNN LAKE BAND OF POTAWATOMI INDIANS; GARY 

SHAWA, EXECUTIVE DIRECTOR, BURT LAKE BAND OF OTTAWA AND CHIPPEWA INDIANS; PHIL ALEXIS, EXECUTIVE 

DIRECTOR, CONFEDERATED HISTORIC TRIBES, INC.; AND, 

JAMES KEEDY, ESQ., MICHIGAN INDIAN LEGAL SERVICES 

Mr. RICHARDSON. We are now going to move on to our third 

panel, Honorable Carl Frazier, Honorable William Church, Mr. 

Phil Alexis, and Mr. James Keedy. It seems to me I have heard of 

Mr. James Keedy before. 

Thank you very much. Mr. Frazier, please proceed. 

STATEMENT OF HON. CARL FRAZIER 

Mr. FRAZIER. Mr. Chairman, my name is Carl Frazier. I am the 

Chairman of the Burt Lake Band of Ottawa Chippewa Indians of 

Burt Lake. I am going to really condense my material because everything that I was going to testify you have already heard, but I 

would just like to affirm that the Burt Lake Band did sign the 

1836 treaty and they participated in the 1855 treaty. We also are 

State recognized historical treaty signers. 

Also, we were never terminated. There is nowhere that we can 

find that we have been terminated. Really to sum up my intentions 

of being here is, we are looking for the government to reaffirm our 

relationship, the government relationship to government, and I 

cede to the Chair of the Gunn Lake Band. 

[Prepared statement of Mr. Frazier follows:] 
166 

THE BURT LAKE BAND OF 

Cl.IDWI\~- 6461 E. Brutus Road, P.O. Box 206 • Brutus, Michigan 49716 • (616) 529-6113 

Testimony of .CARL FRAZIER, CHAIRMAN BURT LAKE .BANO OP OTTAWA AND CHIPPEWA INDIANS at Hearings on the Status of Certain Tribes in Michigan 

before the 

Subcommittee on Native American Affairs Natura l Re ource~ Committe e U.S. House of Representat i ves September 1~ . 1993 

Hr . Chairman and Members of the Committee: 

Hy name is Carl Frazier and I am the Chairman of the Burt Lake 

Band of Ottawa and Chippewa Indians. 

The Burt Lake Band of Ottawa and Chippewa Indians, Inc . . IBLBl are 

the mcdcrn day political succc~sorc to the Chcboiqaning .. :.Band: a 

signotory Tribe to the Tr eaties of 1836 and 1855. The f.'cdcral 

;cvcrnmcnt's primary purpose in entering into most of the Treaties with Michigan Tri bes was land acquis ition for dcttlement and dcv~lcpmcnt. Soon to follow from the government's treaty and removal policic~ wac a policy of "as~imilation" for Native hmcri c an= . Thi= was designed to encourage and/or force Indian ~copl c to renounco their Tribal identify and tribally held lands. Among others, one method allotted tribal lands to individuals and then foreclosed on the l ands for back taxes. Such a policy rc~ult d in the forced r emoval of the Chcboiganing Band froa the i r lar.dc and the burni ng of the Band's settlement in 1900 by Michi;3n authoritiec . These pclicicc resulted in the los~ of ~o ct cf the Band's rcr.ta i ni ng ;. ands; the sending of Indian children to boarding schools and increased federal supervision a nd ccntrol over the welfare of Indian people. 

~ 19J4. Congress re r~crl its assimilation policy and tried to strengthe n or re-establi sh ibal gove rnment with the Whcclcr- Hcw~rd Indi an Reorganiza t i on Act . Although the Michigan TRibe~ 

ppli cd tor rcoroaniz~tion. all of the band~ of lower Michi gan - including the Chcboi anin~ Band - were either ignored or r ejected . Conorc~~ had n e t appropriated adequate funds to carry ou t the m3ndates of the I RA and con::equcntl}·, official:; at the Offi ce cr Indian Affa i rs a rbitrarily chace to end the delivery cf $Crvicc s to the !ndia n peoples of Michigan's lower peninsula. Cfficc c f Indian Affairs me~oranda written durino the late 1930's contain revealing statements concerning the implementation of the IRA in Michigan; for example : • 
167 

"Unless we h:.ve the fund=: and personnel to do a real job in Lower Michigan we should 

stay out of the territory. Wo all know that neither the personnel or the funds are available. Hen·c:e, it would be a cril'Re to disturb the present 

excellent relations between the states. counties and the Indians ..• '' (Memorandum froin Walter V. Woehlke to the Indian Affairs Col1\l1\isoion, october 11, 1939) 

The federal government's decision during the 1930's to deny 

reorganization under the IRA to Indian Tribes in Michigan's lower 

peninsula was erroneous and improper. It aust be stressed that the Office of Indian Services • failure to apply the IRA in lower 

Michigan in no way alters the political, social and legal status of the tribes that remain in existence. Throughout the history of its relations with the u.s. Government until 1935, the 

Cheboioaning Band was treated as a recognized Tribe by the federal government. At no timo in its history has the Band's 'tatus as a federally-recognized Tribe been terminated by an Act of Congrc~s. Thcoe treaty-signatory Tribes have the same status as any other Indian Tribe regardless of the Office of Indian Services' financial inability to include them in i~plementing the IRA. 

Current federal policy is to promote self-government and economic self-~ufficiency for Indian Tribes. The Chcboiganing Band, 

a.k.a . The Burt Lake Band (BLB), is now a non-profit, community- based organization empowered to act on behalf of its tribal members. The organization has been governed under a State of Michigan Charter and By-Law: since July of 19SC. The Burt Lake Band's purpose is to reaffirm the tribe's status as a fedcrallyrecogni%ed independent Indian Nation; re-establish a land base ; promote the economic self-sufficiency of the Tribo and to practice their sovereign rights to self-determination. 

The Tribe's membership numbers some SSO individuals. Half of the membership over twenty-one did not fini$h high school. Thirty 

percent of our membershtp households have incomes below the poverty line and thirty ~erccnt of our households have working- age mc~bcrs who arc unemployed or under-employed. Fully, two- thirds of member households receive oomc sort of transfer 

payments. 

Thank ycu for giving me the opportunity to present the Burt Lake Band's testimony in person. If there arc any questions, would 

be glad to respond to them now or in writing. 
168 

Mr. RICHARDSON. Mr. Frazier, I appreciate your statement. Let 

me mention, give you the proper introduction. Chairman, Burt 

Lake Band of Ottawa and Chippewa Indians. 

Mr. FRAZIER. Thank you, sir. 

Mr. RICHARDSON. I understand that Mr. Shawa and Mr. Sprague 

are with you? 

Mr. FRAZIER. Well, Gary Shawa is our project director and a 

member of Burt Lake also. If you look, they were showing you, we 

are 20 miles south of the Mackinaw Bridge, and there is a chain 

there the Cheboygan River, and Burt Lake was originally the Cheboygan signers of the 1836 treaty. 

Through an evolution type situation, Cheboygan Lake became 

known as Burt Lake, and then also Burt Lake Indians also become 

known by that name. 

STATEMENT OF HON. D.K. SPRAGUE 

Mr. RICHARDSON. Secretary of State William Church, Gunn Lake 

Band of Grand River Ottawa Indians. 

Mr. CHURCH. I think because of the shortage of time last night 

my Chairman, Mr. Sprague, was deleted from the original introduction, so I would like to introduce our Chairman first of the Gunn 

Lake Band of Grand River Ottawas, Mr. D.K Sprague, then he will 

get back to me. 

Mr. SPRAGUE. Good morning, Mr. Chairman, thank you for your 

time. My name is D.K Sprague, and I am the elected spokesman 

for our tribe, which today is known as the United Nation of Ottawa, Chippewa, and Potawatomi, also known as the Gunn Lake 

Band of Grand River Ottawas. 

We were never removed from our traditional territory which 

present day is located, I would say, halfway between the cities of 

Grand Rapids and Kalamazoo, near Gunn Lake. Most of our tribal 

members are at least half blood, many are still full blood. We can 

still hear our language spoken among our elders. 

With that, I will turn the remainder of my time back to my Secretary of State, who handles our legal affairs and is our tribal historian, William Church. 

[Prepared statement of Mr. Sprague and attachments follow:] 
169 

Statement of 

Mr. D. K. Sprague, Tribal Chair~an 

Gun Lake Band of Grand River Ottawa Indian$ 

at Hearing$ on the StatU$ of Certain Tribe$ in Michigan 

before the 

Subcommittee on Native American Affair$ 

Natural Rc$ource$ Committee 

U. S. HOU$C of Repre$entativc$ 

September 17, 1993 

The Grand River Band Tribe in Allegan County, Michigan, 

today is made up of descendants of both the Ottawa Colony and 

the Griswold Colony. The Band still retains legal title to 

parts of it's original reservation, with some land held in common 

and some land held individually by Tribal members. The remainder 

of the once 360 acre reservation given to us by the War 

Department was stripped from Tribal possession by a state court 

action in 1884. It was felt that since no more Tribes were 

to be treated with by the u.s. after 1871 that the Tribe could 

no longer hold the reservation tax free. This was an action 

which clearly violated the rights of our Tribe which was still 

under the protection of the Government at that time. 

Research of county records has revealed that the reservation 

was parted out into 19 parcels and five years back taxes were 

assessed to the new Indian owners the same day title was conveyed 

to them. 

Other Michigan Tribes which have already achieved Federal 

Acknowledgment also received assistance and a land base in the 

same 1836 Treaty along with the Griswold Colony. Most notable 

among these early Mission Colonies were the Bands which now 

make up the Bay Mills an~ Sault Ste. Marie Tribe of Chippewa 

Indians in Michigans Upper Peninsula, and the Grand Traverse 

Band of ottawa and Chippewa Indians located in northern lower 

Michigan. 

Indian Missions authorized and created by the War Department 

as Indian Civilization efforts among the Grand River Ottawa 

have operated in Allegan County, Michigan, continuously since 

1838. Census records prove that we were continuously living 

in Allegan County from 1850 to the present. In 1939, following 

the passage of the Indian Reorganization Act of 1934, the Bureau 

of Indian Affairs visited southern Michigan and Allegan County. 

They noted in the Holst Report that 23 Indian families and 

according to their calculations nearly 100 Indian individuals 

remained in a 20 mile radius surrounding the former Griswold 
170 

site. This only counted Indians whom had attende d the Mt. 

Pleasant Indian School. 

By the 1930's the Grand River Ottawa from the Griswold 

Mission to the Ottawa who were once Saganaw's Band of Ottawa 

and Pottawatomi were more commonly known as the "Bradley 

Settlement" Indians. We were noted in that report only as 

Pottawatomi as the BIA documents mistakenly suggest that all 

Ottawa were removed from Lower Michigan. By the 1930's general 

knowledge of the events surrounding the addition of the 

Pottawatomi Indians to the Ottawa Rolls in the Compact of June 

5, 1838, and the Colonies that had been placed in Allegan County 

had been erased from memory by time. 

The Bradley Settlement Indians of the 20th Century owe 

their title and name recognition to the Bradley Indian Mission 

which had succeeded the Griswold Mission to the Ottawa. The 

town of Bradley was founded on the outskirts of the reservation 

in the 1850's. Our most current Mission building which is still 

in use by the Gun Lake Band was built in 1914. 

The Mission institution among the Grand River Band Indians 

of Allegan County, Michigan, is today evident in two cooperating 

Indian Missions called the Salem Indian Mission and the Bradley 

Indian Mission. Othe former Ottawa Colony members primarily 

attend the Salem Mission and Saganaw's Pottawatomi attend 

Bradley. These two Missions, less than ten miles apart, have 

served to insulate the Indian community from outside influences 

and preserve the role of the Chiefs in the community. For the 

past 100 years our Chiefs have found refuge in the Mission 

institution which .answered to the membership. The Mission is 

a Council Lodge. 

The Tribe has a well documented and established line of 

Chiefs that can be named since 1795 to the present. Over 50% 

of the Indian members of the Tribe are at least one-half Indian 

and most are quarter-blood. The Ottawa dialect of the Indian 

language can still be heard as it is spoken by a few members 

of the Tribe. The last Pottawatomi language speaker died last 

year . 

In 1992 the Gun Lake Band Elders Council, made up 

principally of Mission Church Leadership, a tradition since 

the Griswold Colony days, officially removed the government 

of the Tribe from the Indian Mission and created a new government 

structure. We created a non profit state chartered organization, 

and then filed for Federal Acknowledgment. We did so because 

Tribal Elders wanted to make a transition in leadership from 

the old to the young. It was time to become a modern Tribe 

like the Tribes around us. Prior to 1992 the Tribal Elders had adhered to a long 

standing Grand River Band philosophy of refusing to submit it's 

sovereign status to any Federal or State agencies and thus none 

of Grand Rivers have fil ed for Federal Acknowledgment until 

now . Cobmossa's Grand Rivers who removed north a fter 1855 when 

another large Ottawa reservation was created in Northwest 

Michigan are the remainder of the Grand River Band. After 

the 1855 Treaty many of the Grand River Ottawa at Griswold took 

land selections in Oceana County but returned to the Allegan 
171 

County Griswold Colony Reservation when massive land fraud and 

their inability to receive land patents guaranteed by the 1855 

Treaty never materialized. They once again sought the safety 

of Allegan County as our ancestors had. 

The Gun Lake Band Grand River Ottawa Tribe has not been 

terminated, nor has it voted a gains t the Indian Reorganization 

Act of 1934. The Tribe continue d to receive the few federal 

services provided Indians in Michigan from the Bureau of Indian 

Affairs until 1934 and to a lesser degree since that time. 

The unique structure of the Tribe, that of being a largely 

Pottawatomi Band in 1838 which was administratively added to 

the Grand River Band Ottawa via a Compact between the United 

States and the Grand River Bands in 1838, and the influx of 

other Grand River Ottawa and Pottawatomi seeking the refuge 

of the Griswold Colony, has been the source of much 

misunderstanding and confusion both among the Indian Community 

and historians. During the Claims Commission years many of 

the Claims due the Griswold Ottawa (which were in reality more 

Pottawatomi than Ottawa) were not even addressed. Permanent 

annuities from 1795, 1807, 1818, 1821, and 1829 when paid were 

paid to others. And the guarantee of a "Mission Home for the 

Indians" has become another broken promise. 

We implore you to analyze our Membership Rolls, our history, 

and the broken promises. We are now asking you to protect our 

rights and assist us to make things right for our People. We 

are not seeking Acknowledgment just to create casinos in southern 

Michigan. We do not desire to base our future community 

development on chance. We have survived the past 200 years 

through having a strong military defense and the past 100 years 

with a new form of belief in God which we have added to our 

own understanding of the Creation. 

In some ways today the very forms of government which were 

created by the Congress to assist us have become our latest 

challanges. Some of the Pottawatomi who were also sheltered 

from removal by the United States by joining the Griswold and 

ottawa Colonies in Allegan County were Huron Pottawatomi. They 

latei formed their own Colony under Methodist supervision in 

1843 at Pine Creek in Calhoun County, Michigan, It is mistakenly 

assumed today by the Bureau of Indian Affairs and BAR that the 

Gun Lake Band must also be a Huron Pottawatomi Tribe. Documents 

from the National archives prove otherwise. 

The Huron Pottawatomi who were not removed from Michigan 

in 1838 found refuge among the Grand River Band Ottawa Colonies 

in Allegan County and later splintered off to join others of 

their Tribe who had returned from the ranks of the removed. 

These are the Huron Pottawatomi at Athens. The War Department 

created the Pine Creek Colony in 1843 based on the models created 

for the earlier Colonies in 1838. 

Due to the long association between the Protestant and 

Methodist Hurons and the Griswold Grand River Ottawa Missions, 

both located in southwest Michigan, the Gun Lake Band formally 

requested and received permission from the Bureau of Indian 

Affairs in 1992 to have the petition of the Gun Lake Band placed 

numerically behind that of the Huron Pottawatomi which is number 
172 

9. The priority placement of the Gun Lake Band of Grand River 

Ottawa is now 9A. 

The Gun Lake Band wishes to make known to the members of 

this panel, the BAR, and Assistant Secretary of the Department 

of the Interior, Ada Deer, that the legal basis for federal 

acknowledgment of the Gun Lake Band of Grand River Ottawa is 

founded upon the 1836 Ottawa Treaty and specifically the Compact 

of June 5, 1838, and it's documented petition is not based in 

any way, shape, or form, on Huron Pottawatomi History. 

It is a point of fact that many of the contemporary Chiefs 

of the Huron Pottawatomi trace their male ancestral lines to 

the rolls of Allegan County Colonies of the 1830's and Grand 

River Band Rolls where they, too, were granted exemption from 

removal by being added to Grand Rivers. We trust that this 

distinction will become evident when our Documented Petition 

is submitted. 

The Base Membership Roll of the Grand River Band, completed 

as of March 1, 1993, is based wholly on Ottawa Rolls developed 

as a result of the 1838 Compact. The Tribe's Documented Petition 

will be forwarded to the BIA in October in accordance with 

schedule of activity supported by a grant from the Administration 

for Native Americans. 

We thank you for this opportunity for us to present our 

situation directly to you, our leaders in Washington. We have 

faith that our situation will be remedied. 

Megwatch. 
173 

UNITED NATION OF CHIPPEWA, OTTAWA, AND POTTAWATOMI INDIANS OF 

MICHIGAN, INC., A.K.A. GUN LAKE BAND--GRAND RIVER OTTAWA INDIANS 

5721 Grand River Drive , Grand Ledge, Michigan. 48837 

Ph: (51 7 ) 627 -0244 

ADDENDUM 

to the testimony p<ov ided by 

THE GUN LAKE BAND OF GRAND RIVER OTTAWA INDIANS 

also known as: 

The United Nation of Chippew~, Ottawa, and Pottawatomi Indians 

of Michigan 

before the 

HOUSE NATURAL RESOURCES COMMITTEE 

NATIVE AMERICAN AFFAIRS SUBCOMMITTEE 

September 27, 199 3 

The Honorable William Richardson, Chairman 

Subcommittee on Native American Affairs 

Committee on Natural Resource s 

B-308 Rayburn Office Building 

Washington, D.C. 

Dear Mr. Chairman, 

First, the Gun Lake Band of Grand Ri ve r Ottawa would like 

to tak e this opportunity to extend our deepest gratitude to 

you for providing the forum for our Tribe to present testimony 

directly to the United States House of Representatives in the 

recent Hearings held on September 17, 1993. Our Tribal leaders 

have been working towards having this opportunity for the past 

60 years since passage of the Indian Reorganization Act. As a Grand River Ottawa and Secretary of State for the Tribe my 

testimony follows in the tradition of other Grand River Band 

representatives who also held Council with the United States. 

This document contains additional t estimony which we wish 

to enter into the permanent record as well as documentation 

which proves the assertion b y our Tribe that we have suffered 

a great injustice. We were pleased that you were present in 

the hearings to hear our claim that we have suffered a violation 

of our rights as a Tribe guaranteed by the United States 

Constitution and by subsequent articulation in the Trade and 

Intercourse Acts and Revised Statutes. 

While we can, and will through the body of this addendum 

to our testimony, verify to you that a violation of the 
174 

Nonintercourse Act as it pertains to the alienation of our Tribe 

from lands provided to us by a ratified treaty has taken place 

we have been r e luc tant to come forward until your hearings 

provided us the oppo rtunity. Our Elders have not until recently 

bee n sufficientl y convinced that the Bureau of Indian Affairs' 

Bureau of Acknowl edgment Research as designed is capable of 

s tudying situations like ours in a non biased manner. The Elders 

have f e lt for years that our claim would fall on deaf ears or 

that a decision would be somehow be rendered that would 

compromise the truth . 

The r ecent appo intment of Ada Deer as Assistant Secretary 

of the Interior , and the more recent opportunity to testify 

directly to the Subcommittee in the 17 September, 1993 hearing, 

has given our Tribe hope. Until your heari ngs we had, during 

the last 150 yea r s , become m:i,red in "red tape" and have become 

l ike ancient ghosts; we are riow the Lost Tribes of Allegan 

County , Michigan. Ever yone thinks we were removed somewhere! 

Our history , however, is very clear to us and we are well 

documented especially b y the National Archives and the State 

Archives in Michigan where we live. In essence, in the late 

1830's, under t he Van Buren Administration, the Gun Lake region 

became historically recorded as home for hundreds of Grand River 

Ottawa Indians and literally the critical mass of the Grand 

River Band leadership which had not been convinced to remove 

to the Mississippi Region. 

The many bands of Grand River Ottawa settled around three 

"Colonies", or reservations of land established by the u.s., 

where many of our People collected to take part in a new policy 

initiative of the President and the War Department where Treaty 

f unds and s erv i ces were d e livered to our People through the 

mechanism of American Board of Foreign Missions of Boston, Mass., 

which coordinated the Treaty funds and services supplied to 

our Tribe . These efforts in our case were obviously to pacify 

us as we had been effective warriors and retained many active 

warriors among us well i nto the 1830's. The growing concern that another border war l ike 1812 could break out seemed to 

drive policy development b y the War Department and caused the 

u.s. to mod ify an already existing Treaty (28 March, 1836 Ottaw 

and Chippewa Trea ty) to place us on reservations located far 

from the areas of settleme nt. 

The reason that few have ever heard of the Gun Lake Band 

of Grand River Ottawa is that we were created by the United 

States in 1838 as an outgrowth of the Treaty of 1836 process 

when the Treaty was modified by the Compact of June 5, 1838, 

and the Gun Lake Band was added to the Grand River Band of Ottawa 

with the consent of the Grand River Band Ch iefs. Before that 

we were we ll knmvn as the legendary Ottawa and Pottawatomi 

wa rriors and allies of Tecumseh under the leadership of Chiefs 

Noon-Day and Sa-gah-naw. On the 1795 Greenville Treaty our 

Chief is listed as Sa ga nunk. 

I n 1838 we who gathered peacefully in the Gun Lake region 

30 miles below the Grand River in the lower peninsula of Michigan 

we re the remaining core of the United Nation of Chippewa, Ottawa, 

and Pottawatomi Indians who had resisted removal to Kansas with 
175 

other Ottawa and Pottawatomi south of the Grand River in Michigan 

by retreating northward to Allegan County and the Gun Lake 

Region. The Allegan County region was the last area below the 

Grand River in our homeland, where we retained prior rights 

from the 1795 Greenville Treaty. There we had a guarantee by 

treaty that we could roam freely until the land was sold by 

the United States. 

Historically the Gun Lake region and the area to the east 

beyond present day Hastings, Michigan , had for centuries been 

our staging area and hideout for our long resistance first 

against the British and later the Americans . After the War 

of 1812 many of Tecumseh's allies settled in this region. 

Pontiac came here and planned and discussed the siege of 1763. 

Areas of river mouths of this region, the Flat, the Grand, the 

Thornapple, so well mentioned in annuity payment documents were 

our villages and were all located on the periphery of this rugged 

swampy region whose vast river systems were our highways. 

By late 1838 the last of the land in the region was sold 

and Superintendent of Indian Affairs, Henry Schoolcraft, the 

War Department, and the President collaborated on a visionary 

plan to create the Colonies of Indians who thus gained a legal 

foot hold in Michigan. We were placed under the auspices of 

Christian Missions, placed on lands purchased with Treaty funds, 

and provided a program of "moral and religious" instruction 

designed to bring civilization to us. We were taught to till 

the soil, to read and write, and become Christian in our beliefs. 

We were never removed outside of Michigan. Even when a 

subsequent Treaty was concluded in 1855, wh ich removed other 

Grand River Bands to Northern Michigan, we were not required 

to remove. We had a reservation in trust. 

In truth, as a Tribal Historian who has cooperated with 

three Michigan Governors in the past 20 years and one who has 

had the opportunity of countless hours of research time within 

the National Archives, I have been able to find few- occasions 

other than documents relating to the Compact of June 5, 1838, 

and succeeding payments and other annuity payments where the 

"Gun Lake Band" of Grand River Ottawa are named as such. Before 

the Compact of June 5, 1838, where we were added to the 1836 

Treaty in the only treaty of friendship eve r concluded between 

the u.s. and the Grand River Indians, we were still known as 

The Three Fires Confederacy, or, in Treaties with the u.s. as 

the United Nation of Chippewa, Ottawa, and Pottawatomi. 

But the name of the Gun Lake Band i s important to us. And 

it is mprtant to the understanding and legitimacy of our history. 

Not only is the lake with the same name nearby but this is the 

name we were given in the Compact of June 5, 1838. After 

implementation of President's new initiative we became known 

in official records for the next 20 years, and to some degree 

beyond that point, as the Griswold Colony of Ottawa India ns. 

From 1838 to 1857 the Griswold Colony was provided 

U.S.government assistance from the War Department and later 

from the Bureau of Indian Affairs after 1849 under the 

supervision of the Episcopal Church of America and it's Western 

Dioc~se Bishop, Rev. Samuel A. McCoskry. From 1838 to 1843 
176 

funds from articles two and four of the 28 March, 1836 

Ottawa-Chippewa Treaty flowed through the American Board of 

Foreign Missions in Boston to Bishop McCoskry, and then to the 

Griswold Colony. 

Due to a misunderstanding between the missionaries 

themselves about how funds should be applied, the United States 

placed the Griswo ld Colony funds after 1843 under the direct 

supervision of c.c. Trowbridge, a banker from Detroit and 

confidant of former Secretary of War Lewis Cass. This is likely 

one of the main reasons that the Gun Lake Band became 

increasi ngly lost in the frequent changes in War Department 

l eadership. When the BIA was later created in 1849 and 

responsibility for Indian Affairs shifted to it from the War 

Department it may have appear e d we did not exist. 

In 1838 land was selected and an Episcopal Missionary, 

Rev. James Se lkirk, was appointed to organize the new colony 

at Griswold. Our land was placed in the Trust of Rev. McCoskry. 

We we re provided 360 a cres which were authorized by Congress 

and purchased by the War Department. Nearby Rev. Slater and 

h is Ottawa Colony for Noon Day was also formed. When a new 

Treaty between Michigan Ottawa and Chippewa was concluded in 

1855 at Detroit, the Griswold Colony, (the remains of the United 

Nation of Chippewa, ottawa, and Pottawatomi of Michigan) the 

Gu n Lake Band as we had formerly been known, was not included 

in t he negotiations. 

It had bee n agreed by Bureau of Indian Affairs Commissioner 

Manypenny and orders issued to Agent Henry Gilbert that separate 

Treaties be concluded with the "Huron Potawatomi, and the 

Pottawatomi at Griswold". This policy initiative came after 

a series of letters were sent by our Chiefs from Grisowld to 

the Secre tary of Interior expressing our concern for our trust 

land, and the loss of permanent annuities guaranteed from earlier 

treaties. The Compact of June 5, 1838 had added us to the 

payment site of the Grand River Band but did not cancel the 

obligation of the United States to continue our permanent 

annuities from the treaties of 1795, 1807, 1818, and 1821. 

Five days be fore the 31 July, 1855 Ottawa-Chippewa Treaty 

was concluded at Detroit in Wayne County, Michigan, the Rev. 

Samuel A. McCoskry entered an official statement with the Court 

in Wayne County, Michigan, outlining his trust obligations to 

the United States on behalf of the Gun Lake Band, or Griswold 

Colony. The land was, as he wrote , "in Trust for the benefit 

of the band of Ottawa Indians formerly under the Chief Saginaw 

afterwards under the Chief Penasee and now under the Chief called 

Sho pguaung •••• ". (That wou ld be us). It would appear that 

in the ten days before the Treaty when Manypenny was at Detroit 

that he met with Bishop McCoskry and the trust was articulated 

in advance of the proposed Griswold Pottawatomi Treaty. 

After 1853 we found ourselves under both Chiefs Penasee 

(Chippewa) and Shapguoung, a Grand River Ottawa. After the 

other two government Colonies located in Allegan County had 

failed the remnants of these bands joined Griswold. The numbers 

we r e not large as much sickness and death had fallen upon the 

other two colonies sponsored by the War Department. Perhaps 
177 

they were too close to established trails and suffered the 

consequence of contact with the numerous travelers and settlers 

who entered the region. Perhaps the design of the Colonies 

encouraged over feeding by Indians and sick ness. Whatever the 

reasons, the other two reservations i n Allegan County dissolved. 

The Old Wing Colony nea r Holland, Michigan, was removed 

by the u.s. to Northport, Michigan. Many of it's Pottawatomi 

however stayed in their homeland below the Grand River and joined 

Griswold and other local bands in 1848. The Ottawa Colony 

located near Prairieville , Michigan, also failed, and after 

1853 many of it's members also joined Griswold. BIA records 

indicate that they were to remove to Kansas but the Agent in 

Kansas where they were supposed to have removed recorded in 

a memo that their funds arrived for three yea rs but the Ottawa 

never arrived. He sent the money back to Washington. The Ottawa 

Colony Chief Noon Day never left the Gun Lake region and is 

buried near his reservation at Cressy's Corners, near 

Prairieville, Michigan, a few miles from the Griswold Colony. 

Thus by the date of the 1855 Treaty at Detroit, negotiated 

and signed by other Northern Michigan Ottawa and Chippewa on 

July 31 1 over 200 souls (Chippewa, Grand River Ottawa, and 

Pottawatomi) waited at Griswold for their treaty negotiations. 

The Griswold Indians also hoped to address the fact that they 

were not compensated for their reservations (at Kalamazoo and 

Prairie Ronde from the 1821 Chicago Treaty ) ceded in 1827. 

Letters from the National Archives support their allegation. 

Other Pottawatomi who removed to Kansas received half of their 

treaty payment before they left, the other half upon arrival 

in Kansas, plus land. 

The Bands who remained below the Grand River in the 

government sponsored reservations of the Ottawa Colony and the 

Griswold Colony retained a leadership pattern among the bands 

as if they were one Tribe rather than being separate Colonies. 

The Gun Lake Village Band (Griswold Colony) as it was enumerated 

by the 1839 Anuity Payment records show that it contained four 

major Principal Chiefs. Two of these Chiefs previously had 

their own three mile square reservations as a result of the 

1821 Chicago Treaty (Saginaw at Prairie Ronde and 

Matchipenashiwish at Kekalamazoo). 

A third major Chief on the Gun Lake Village Band (Griswold) 

roll was Kewaygooscum, former Principal Chief of all the Grand 

River Bands. He was displaced after 1821 in retribution for 

his participation and signing of the 1821 Chicago Treaty. 

Penasee was the fourth Principal Chief listed on the Gun 

Lake Village Band Roll of 1839, the first year the .Griswold 

Colony was organized. Until the signing of the Treaty of 

friendship alluded to by Schoolcraft (Compact of June 5 1 1838) 

Penasee was the Principal active War Chief who commanded all 

of the Ottawa, Chippewa, and Pottawatomi bands south of the 

Grand River. He signed the 8 September, 1815 Treaty with the 

u.s. which restored our status to that of the 1795 Treaty after 

the conslusion of the War of 1812. Penasee was also known as 

"The Bird", or Redbird". 

By 1843, our Chief Saginaw, the Great Pottawatomi was dead. 
178 

Although the first hand accounts agree that Saginaw's Band was 

"half Pottawatomi and half Ottawa" and numbered approximately 

125 People in 1833 it is evident that no other Pottawatomi Chief, 

if available, had the standing to assume leadership over Penasee 

after the death of Saginaw. His body was carried by horse and 

wagon to his former reservation near Prairie Ronde and his 

remains are in an apple orchard on the farm that used to be 

his reservation. Penasee, the honored Chippewa War Chief 

continued to lead Saginaw's Band at Griswold from 1843 until 

he became a subordinate Chief at Griswold in 1853 when the Grand 

River Ottawa from the nearby Ottawa Colony, which had failed, 

joined Griswold . Because Noon Day at the Ottawa Colony was 

considered as the Head of all Council Chiefs of the Michigan 

Ottawa and Chippewa in the 1836 Treaty, and he resided at the 

Ottawa Colony, the Chippewa and Pottawatomi Chiefs at Griswold 

moved over and made room for their Chiefs. After all we had 

become known as Grand River Ottawa by the Compact of June 5, 

1838, through the compassion for us expressed by the other Grand 

River Chiefs. 

Shapquoung was second in standing to Noon Day 

(Naw-way-qua-ge-zhick) in the Ottawa Colony, operated by the 

Baptists, which had removed from the Grand River at Grand Rapids 

as part of the 1836 Treaty. Leonard Slater, their Missionary, 

was also a Treaty Negotiator for the treaty proceedings. 

The new Treaties promised by the BIA during the 1855 Treaty 

era never came for the Indians at Griswold or the Huron 

Pottawatomi. What did come however was an 1871 law by Congress 

stating that no more treaties would be concluded between the 

u.s. and Indian Tribes granting recognition. So while the 

Griswold Colony still had Trust land held for them provided 

as part of a ratified treaty their permanent annuities had been 

discontinued without a treaty signing signaling their end. 

Without a new treaty the Gun Lake Band Pottawatomi and 

Ottawa were left in a subordinate position with the Grand River 

Ottawa and in the care of their brothers and sisters of the 

forme r United Nation of Chippewa, Ottawa, and Pottawatomi. 

Since the Gun Lake Band Pottawatomi and Ottawa did not paricipate 

in the 1846 Council Bluffs, Missouri Treaty, which abolished 

tribal distinctions characteristic of the United Nation of 

Chippewa, Ottawa, and Pottawatomi, and formed the Pottawatomi 

Indian Nation, the United Nation among Michigan Tribes was never 

abolished by treaty. The remains of the United Nation formerly 

under Saginaw and Noon Day were now under Shapquoung (Moses 

Foster). Later it was his son, D.K. Foster, under whose 

leadership they £ound themselves. Even though the government 

forgot us we never forgot who we were and Allegan County Court 

records show that we still exist. 

In 1872, twelve years prior to the time when Allegan County 

records verify that Bishop McCoskry officially surrendered his 

Trust to the Circuit Court in 1884, the land had begun to be 

taxed and within six years was sold for back taxes. Court 

records indicate that the land was not redeemed. To this day 

Indians of the community remember the reservation and lament 

that it should not have been taxed; or lost. In 1986 John 
179 

Foster, the last of the Foster family to live on the reservation 

and son of D.K. Foster, remarked that, "there was supposed to 

be a reservation here, but it never materialized". 

The Circuit Court records show that because some Indians 

were unable or unwilling to pay taxes the land was parted out 

to Indians who could pay. This fee simple arrangement was in 

direct violation of the intent of the Trust declared by McCoskry 

and held for the United States on behalf of the Gun Lake Indians 

located at the former Griswold site. 

D.K. Foster continued to hold land at Griswold beyond the 

turn of the century for the Tribe and although it was in his 

name it was understood by Indians that the 70 acres he held 

were held in common as it was under McCoskry's Trust. D.K. 

Foster died in 1903 and the State Court dealt another blow to 

the local Indian Tribe by ruling that Foster's land was personal 

property, again disregarding the U.S. Treaty Trust. Tribal 

members reacted swiftly to the threat to the ir reservation. 

By 1907, the Allegan County Indians, the former United 

Nation, The Gun Lake Band, The Griswold Colony, and now Grand 

River Ottawa had become more commonly known as the Bradley 

Settlement Indians. The town of Bradley, Michigan, was located 

next to the Griswold Colony reservation and served as the 

reservation's Post Office. In 1907 the still Christian Indians 

of Allegan County undertook the task of building a new Mission 

structure on the reservation to replace their old one and 

continue their Tribal operations as they had been created some 

80 years earlier by U.S. Treaties for them. Descendants of 

the Griswold Colony who were still located nearby built the 

Bradley Indian Mission. The former Episcopal band had long 

become Methodist, also a by product of the u.s. government to 

government relations during treaty years. 

A second Methodist Mission for the Grand River Ottawa from 

Noon-Day's Colony was created some 10 miles to the west in Salem 

Township in 1921 under the leadership of Lewis Medawis, Grand 

son of Muck-taywoo-shay, from the Ottawa Colony. Today the 

name is spelled Medaywis. It translated to Blackskin. He was 

the leading War Chief of the Grand River Ottawa and an ally 

of Noon Day and Saginaw and Penasee. The membership of this 

mission is also made up of former Griswold Colony members but 

is characterized by it's majority of members from the Ottawa 

Colony and Old Wing Colony Bands of Grand River who joined 

Griswold when their Colonies failed. 

In 1939 both of these communities were enumerated in the 

Holst Report which determined they were the "Pottawatomi of 

Bradley". Apparently by this time the Trust land, the Compact 

of June 5, 1838, the promised treaties, and the suspension of 

permanent annuities were totally forgotten, or well buried by 

the Bureau of Indian Affairs. The BIA investigators visited 

Silas Bush at Bradley who had just purchased 80 acres and "Church 

(grand son of Chief Medawis and my father) who has a fine forty. 

Lewis Medawis assumed leadership of the band as a Mission Pastor 

after the death of O.K. Foster. From 1903 until 1992 Gun Lake 

Band Community leaders have been Mission Pastors who were grand 

River Band Indians. 
180 

Our Tribe tried t o organize under the IRA after 1934 but 

s i nce we c ould not prove we had still had land from a treaty 

he l d in trust, our application was put on hold. The 

Nonintercourse violation by the State of Michigan has cost us 

dearly. The Tribe considered Court action again but had not 

had much success in state Courts and this idea was put to rest. 

In 1948 the Grand River Band in Allegan County, now known 

as the Indians of Allegan and Ottawa Counties, an unincorporated 

body , and the direc t descendants of the Griswold Colony under 

the McCos kry Trust, attempted to have their fate decided by 

the Indian Claims Commission. Lewis Church was the elected 

Chairma n of the Allegan and Ottawa County Indians as the second 

ce n tury of the Griswold Colony unfolded. To their chagrin by 

19 5 7 muc h of their legal claim and Grand River Ottawa judgment 

f u nds we re awarded to others. The Grand River Band of Allegan 

Count y , the only Indians who remained near the reservation trust 

l a nd a nd in their home land, had joined with the Northern Michigan 

Ott awa Association (NMOA) in hopes of achieving justice. They 

were howe ver numerically unable to out vote other NMOA 

representatives in the NMOA decision making and claims 

distribution process which was dominated by Northern Ottawa 

with Grand River Band ancestry. 

Whe n claims of the Allegan County Indians (Saginaw's Band 

of Po ttawatomi and their descendants) were not included in the 

Grand River Ottawa judgment by the courts, the right to intervene 

for the se funds was left to the Pottawatomi of southwestern 

Michigan. Their right to intervene was made possible by both 

court decisions and the BIA. By this time it was evident to 

e veryone that we had become historically lost. We weren't 

exactly a Pottawatomi Tribe; nor and Ottawa Tribe. The Gun 

Lake Band of Grand River Ottawa (Saginaw's Pottawatomi) had 

been b y passed for what seemed to be a final time. Today the 

BIA toys with the idea that we are a Huron Pottawatomi band 

that somehow wound up in Allegan County. 

Both the Huron Potawatomi and the Pokagon Pottawatomi 

inte r vened in 1971 and the Ottawa membership at Griswold (in 

reality Saginaw's Pottawatomi and Detroit Ottawa who were 

administratively made Grand River Ottawa by the Compact of June 

5, 1838) had now no choice but to sign up for annuities with 

either the Pokagon Pottawatomi or the Huron Potawatomi. The 

Allegan County Indians had become politically invisible. The 

Missi ons however continued to prosper, survive, and lead. 

The Gun Lake Band Tribal community remained around the 

trust land and retained it's own leadership. Through it's 

Mission boards and committees it orchestrated it's community 

development, maintenance, and decision making. The leadership 

s y stem of the Gun Lake Band might seem as though it operates 

in a time warp. It is as though the institution of the Missions 

planted in the Tribe by the u.s. Government in 1838 is still 

under the War Department. God works in mysterious ways. 

In the 1950's Lewis Church sought additional training so 

h.e could become an Elder in the Methodist Church. He had to 

do so to retain leadership of the Mission by Indians. Today's 

;Pastor is required to undergo much formal training and get an 
181 

an education. The criteris is stringe nt enough to threaten 

the leadership structure of the cont e mpo rary Gun Lake Band. 

When Lewis Church retired as Mission Pastor in 1992, there was 

no Indian to take his place. 

In 1992 the Tribe reorganized and re-thought their 

leadership structure to prepare for the future. They did so 

because it's leadership body, the Mission Church, was no longer 

likely to be led by a Grand River Band Indian due to the 

increased formal training required by the Church to be a Pastor. 

The Grand River Band Council of Elders took swift action. 

On April 18, 1992 the Tribe officially removed it's governing 

structure from the Methodist Mission. After a careful review 

of the Tribe's membership, noted community leaders, past chiefs, 

former Church Board members, a process to create a Tribal 

Government was discussed. After many months of meetings and 

organization, an Elder's Council was formed and empowered by 

the Church Board to act on behalf of the Tribe as it's last 

official Tribal governance act. 

Once officially seated the Elder's Council held an election, 

created by-laws, and formed their own 501 (c) (3) state 

chartered, tax exempt, non-profit organization and named it 

the United Nation of Chippewa Ottawa, and Pottawatomi Indians 

of Michigan, Inc. Then the Tribe filed for Federal 

Acknowledgment as the Gun Lake Band of Grand River Ottawa, the 

only way the former warrior bands of the Three Fires Confederacy 

are remembered and can be followed in u.s. records to have our 

Tribe understood. 

The Tribe now asks for assistance from the U.S. on behalf 

of the Gun Lake Band of Grand Rikver Ottawa to represent them 

against the State of Michigan which has violated the Non 

Intercourse Act and has illegally alienated the Tribe from it's 

reservation land. 

On the following pages the Tribe has provided a sequential 

list of key documents proving who we are. Please enter these 

into the Congressional Record for us, 

By William L. Church, Secretary of State, 

Grand River Ottawa, Griswold Colony 

descendant, and Tribal Historian. 

And, 

Mr. D. K. Sprague, Gun Lake Band Elder's 

Council Chairman (Tribal Chairman) 

Griswold Colony Descendant 
182 

OUR CHIEF SIGNED THE 1795 TREATY OF GREENVILLE 
183 

TREATY WITH THE WYANDOT, ETC., ~! . 

•> f h< ~ l'IHr Oh io, on t he. tnirrl .\u ,· of :\ ugu"' t. '"' " hnn~a nd ' ri'C n 

hund red nnrl ninct; ·fi H . 

.\nthonv \\'a\-'nt· , [< .. '·l 

\\' ywnrlot.:' 

TMrht>. or Cranf!, hi! x mArk , tL "j J. \\'illiM.me, jun. hie x mark, L: a: 

TeyyR~ht.Aw, hia x lnRrk , L. "· Haroenyou, or haH king's f;OO, 

his x mark tL. o. -j Tehuwtorene, hie x mArk, t... 8. 

Awmeyeeray, hie x mark, L. "· 

SU.yetah, h1e x mark, L. e. J 

Sh&teyyaronyah, or LPather LiPf, 

Dtoughohuttay•h, hio x mark, ..: s. h1e x mark, [L a.~ 

Shaawrunthe, hie x mark, 1... L 

Delawa...,.: Tetaboluhke, or Gnanrl GWr.e Kin~, hio x mark, [1.. a.] 

Lemantanquio, or Blaek KiDg, bi1 x mark, [L. L] 

Wabatthoe, his" mari<, [1.. L] 

Magbpiway, or Red F .. tb<>r, hil X JDark, (1.. Lj 

:::!n:~~~~~·h~: "A::::n, bil t~ ~j Peekeelund, his x mark, r... L 

WeH~bawkeelund, bia x mark, L. a. 

Peekeetelemund. or Tbomaa Ad- aula, hi• x mark, [L-a.] 

Kilhkopekund, or C..ptain Bof- falo, hio ,.. mari<, [1.. a.] 

Amenabeha.n, or Captain Crow, his x mark, [t.. t.) 

Qut:aha"·luey, or George \Va.cth c~o:· 

ton, his x mark, CL- ~.} 

\Veywinquis, or Billy SiAc ·omrJ, 

hie x mark, (1..1.. .. • ·j aR, hie x mark, [ Shawaneee: 

!>!.~~~~~~~· or Red Pole, [L. L] 

Cntthe,.·ekuaw, or BW,k Hoof, 

Kay~~:~:~~. hia x mark, ~!: ~l \\'eythapamattha, hie x mark, L. a. 

Nianv.rnaekR, hie x mark, L. s. 

Ws,·iheah, or Lon11 Shanko, his 'x mark, [1- s.] 

\Veyapiersenwaw, or Blue Jar.ker, 

Ilia x m~trk, [L. •·j Xeqnetanghaw, hit! x mark, (L. B. Hahgooeeekaw, or Captain Reed, hia x mark, [ L. • · ] 

Ottawu: Aug'OOI!Ihaway, hie x mark, Keenoehatneek, hie x mark, 

La )fatice, his x muk, 

Machiwetah, hie x mark, 

Thowonawa, hie x mark, 

Secaw, hie x mark, 

. Cbi.P(>"'"""' Muhtptnaehiwh!h, or Bad Bird, 

L.L 

L. s. L. • • 

L.L 

L. •• 

L. •• 

hia x mark, [1.. a.] Nahah~he, (!rom Lake SupeKathawuung, hie x mark, L. a: rior,) hi• x mark, ~L. "l 

:\iaaa.&!, hia J: mark, L. L 

Nemelr:&M, or Little Thunder, 

his x mark, [1.. a.] 

Peehawkay, or Young Ox, hi• x mark, 

Nanguey , hi.! :x rnark. ~l <1! nedohg~h. his x mark. Pee.,.,·anlhemenogh, his x mark, t

L. L. ·'•·. j L. 8. 

L. •·J 

\\'e\' ffiCjZWIL..:, hi::1 X JWHk, 

(iobmutick, hi~ x mark, 

Ottawa: t

: l. .•.] 

1, . "'·] 

Che,onicluka, {an Ott.a-.·R from Sandnoky,) hi• x mark, (L. •. ] 

Patt.awatimM of the rh·E'r ~t . 

Jooeph: Thupenebu, his x nuuk, [ 1 .. H.) 

Nawac, (for himself anrl brother 

Etsimethe,) his x mark. [L. "·j NenanKeka, hi• x mark, 1 .. KKeeea.., or Run, hie x mark, L. 8. 

Kabamuaw, (for himoell anrl brothor Cbiaaupn,) hit x 

m&rli: . .. (L. "-] 

BDjlpllunt, his " ~null:, ( 1.. a.] 

'IVaJII!Ieme, or White Pipon, hla x mark, .. [1.. M.] 

WaeheDen, (lor himoelf and brother Pedagoahok,) blt x 

wat!bi!:.Vnn·, hia" mark, ~~ ~j t. Cb&~~~ee, hie x mark, tL- L 

Meobegethenogh, ((or himaell and 

brother\\'awaaek,)hinmark, L. "'l Ringoswash, hie x mark , L. M. 

Ane•·uaw, hla x ma.rk, L. L 

NawbDdgb, his x mark, L. L 

Mi~ogoma"'• h ie x mark:, t.. &. 

Wa•·ef¥"he, his " ma.ri<, L. L 

Thawme, or J..e Blanc, hie x mark, L L 

Geeqae, (Inc him.elf and brother Shewin"·.!,) h ii x mark, [1... L} PattawR.WI H~ . .; nf Jl oron : 

OkiM, hie x mA~:.:, tL. l'.l 

CharnnnJZ, hi~ x t1.:.~rM , t.. A. 

Se,;ragewan, ha~ x :nark, L . IL 

N&.ll&wme, (forhimec.•.lfandbrother 

A. Gio ,) hie x mark, f'" L~ M&J"'Cha.nd, hie x mark, 1- L 

Wenameac:, hia x mark, 1- L 

ldlamio: Nagohquangogh, or Le Grio, hit x mark, [t.. a.) ~eohekunDoghquoh, or Little Turtle, his x mark, (t.. L] Miamis and F..., I Ri,·ero: 

Peejeewa, or Richard Ville, hie x 

mAf'k:, (L ~ l Cochlcepog:htn~h. hie x mark , (L: a: 

ul Rivor Tribe: Shamekunneea, or Soldier, his x mark, [L. s.) Miamia: 

\Vapamacgwa, or the." ' hite Loon, hie x mark , [L. •·l 

"'eu, for therneeh·ee anrl the Piankeohaws: Amacunca, or Little Bea\'er, hi1 x mark, (t.. e.) 

Aeoolatha, or Little Fo11: , hill x 

mark, (t.., "·j Franr.ia, hie x mark, (L. H. 

Kick:&pooa and Ka.ll!kaskiu: Keea,.·hah, his x niark, [1.. •·l 

Nernhthka, or .Joaey Renard·, hi~ x mark, (L.a.] 

Paikeekanogh, his x mark, (L. a.] Delawar<·a of Sandu.oky: 

Ha"·kinpumiska, his x mark, f'·· •·J 

PeyAmawksey , his x marL: , L. s. 

Reyntucco, e~i x Ktion3.ih · 

ngat &t nd tl ky, ) ~ x mtrlc. , (1... H.] 
184 

TREATY WITH THE WY Alt'DOT, ETC. , l1V5. 

their property, a.s shall be duly licensed to reside among them for the 

purpose of trade, *"d to theiragentsand servants; but no person shall he 

permiu.cd to reside at anv of their -towns or hunting camps as a trade•·, 

who is not furnished with a license for tlu&t purpose, under the band 

and seal of the superintendent of the department north-west of the 

Ohio, or such other person a.s the Pre.!lident of the United States ahnll 

authorize to grant such licenses; to the end, that the aaid Indians may 

not be imposed on in their tradP.. And if any licent>ed trader shall 

abuse his privilege by unfair dealing, upon complaint And proof 

thereof, his license shall be taken from him, and he shall be further 

puni.hed according to the laws of the United States. And if any per- son shall intrude him~elf as a trader, without such lken:>e, the 8ftid 

Indians Ahall take and brin!f. him before the superintendent or his dep· 

uty, to be dealt with accor ing to law. And to prevent impositions 

by forged licenses, tbe aaid Indians aball at leut once a ye&r give 

informauon to tbe supetintendant or hia deputies, of the names of the 

traders reaiding among them. 

ARTICLE IX. 

43 

Lest the firm peace and friendahip now esta.bliabed abould be inter- Reullatl•• ,.. 

rupted by tbe mir.oooduct of indiVlduala, tbe United States, .and the -..-. t<&id lod111o tribes ~tgree, that for injuriea done by individuals on eith~r side-, no prh·ate revenge or retaliation shall take place; but 

instead thereof, complaint shall be made by the party: ioi!Jled, to the 

other: By the said Indian tribes1 or any of them, to ille Preioideot of 

the United States, or the supermtendent by him appointed; and by 

the superintendent or other person aP.pointed by the President, to the 

principal chiefs of the said Indian tnbes, or of the tribe .to which the 

offender belongto; and such prudent measures shall then be pursued 

as shall be necessary to r.reserve the ll&id peaoe and friendship 

unbroken, until tbe Legis ature (or Great COuncil) of the Unit.,a 

States, shall make other equitable prodsio::t. in the case, to the sa tis· 

faction of both JlOlrtiea. Should anr· Indian tribes meditate a . war "'••!";::,•• r<••,~ 

against the United States. or either o them, and the SRme shall come ~.~ s .. :=~ 

to tbe knowledge of the before·mentioned tribes, or eitbet· of thea. , they do hereby engage to give immediate notice thereof to the general or officer commanding the troops of the United States, at the ne•re•t post. And should any tribe, w1th hostile intentions against the Uni!ed 

States, or either of them, attempt to 1"'&8 through their country, they 

will endeavor to pre,·ent the same, and in like manner give information of such attempt, to the general or officer commanding, as soon as possible, that all cau•es of mistrust and suspicion may be avoided 

between them and tbe United State.s. In lilce manner the United 

State• shall give no tic<~ to tbe said Indian tribes of any harm that may 

be meditated against them, or either of them, that shall come to tbe1r 

knowledge; and do all in their power to binder and prevent the aan>e1 

that the friendship between them may be urrlnterrupted • 

.ARTICLE X. 

All otber treaties heretofore made between the United States and rouou 1"•"•• 

the aaid Indian triheA, or any of them, since the treaty of 1783, between ..... 

the United Statea and Great Britain., that come within the purview of 

this treaty, shall henceforth cease and become void. 

In testtmooy whereof, the aaid Anthony Wayne, and the sachems 

and war chiefa of the beforemeotioned nations and tribes of Indians, 

have hereunto ~~et their banda and affixed their -11. 

Done at Greenville, in the territory of the United States l!.orthwest 
42 

l'rovim. 

185 

TREATY WITH THE WY ,~DOT , ETC., l ; ;l•,. 

10 the United StaLe,, where th e~· shl\11 he 1 rocurcrl. The trihes to 

which those oo ~ ure to l;>e an11uR!ly deli ,·erl'rl .. :tnd the. proportions 

in which they arP. to be dehvered, are the foll owlllg. 

lot. To the W yandot», the amount of one tbou>i8nd dollar•. 2d. To 

the Delawares, the amount of one thousand dollars. 3d. To the 

Sbawaneae, the amount of one thousand dollars. ith. To the Miamis, 

the amount of one thousand dollars. 6th. To the Ottawaa, the amonnt of one thousand dollars. 6th. To the Chippewas, the amount of one thousand dollars. 7th. To the Putawatimea, the amount of one thousand dollal'!l. 8th. And to the KickRpoo, W eea, Eel-river, Piankasbaw and Kukukiu tribe.!, the am0nnt of five hundred dolla1'8 each. 

Provitbd, That if either of the ""id tribes shall hereafter at an annual delivet'y of their share of the feoods aforesaid, desire that a part of their annuity should be fumished in domestic animals, imple- ments of hu.sbandry, and other uteD.!Iila con\·enient for them, and in 

compensation to uaefu).arti6cel'8 who may W<ide with or near then\ 

and be emplored for their benefit, the aamo ehall at the subsequenL 

annual delivertes be furnished accordingly. 

ARTICLE V. 

,.~~~!:" n,.,:~£"~ To prev~nta!ly mi~understanding a~out ~h~ Indian lan~s_relinquished llnqulob.., by United h}' the Un1W States In the fourth ·article, 1t IS now exphc1Uy declared, ... ,.., •••· that the meaning of that relinquisha1ent is this: The Indian tribes who 

have .a right to those lands, are quietly to eni<>-'' them, hunting, plant.. 

ing, llnd dwelling thereon so long as they pl ca~e, without any tnoles_ta- tion from the United States; but when tbot~e tl'ibes, or any of them, 

shall be di•posed to .ell their ! .. nd~, or an y part of them, they are to be sold only to the. United States; and until >u•;h sale, the United States 

will protect all the said Indian tribes in the <jU iet enjoyment of their 

land• R!rlinst all citizen ~ of thr U nited St~tk , nncl 11gainst all other wbile per.,or.s who intmde upon tb c same. A nd the o1<id Indian tribes 

a.gain acknowledge themselves to be under the prot.ectiou of the said 

United States and no other power wbate\'er. 

ARTICLZ VI. 

.e~~~::n•r~;,t et~~! If any citizen of the United States, or any other wbi~ ~rson or '"".._ persons, •hall presume to settle upon the lands now rehnqm•hed by 

the United States, such citizen or other person shall be out of the protection of the United States; and the Indian tribe, on whORe land the 

settlement shall be made may drive oft' the settler, or punish him in 

such manner as they shall think lit; and ·because •ncb settlements made 

without the consent of the United States, will he injurious to them L'i 

well as to the Indiano, the United States •h~<ll b~ at liberty to break 

them up.! and remo\•eand punish the.settlers as they shall think proper, 

and so enect that protection of the Indian lands het·ein hefore stipulated. 

ARTWLll!: Vll. 

In~·~· '"!;!..,•••• The aaid tribes of Indians, parties to thio treaty, shall be o.t liberty f~ll,..,"s:.,::.. "' to bunt within the territory and lands which they ha\·e now ceded to the United States, without hindrance ot• molestation, •o long Wj the,· 

demean themseh·es peAceably, and offer no injury to the people of tlie 

United State•. 

ARTICLE VUI. 

,.,~:\:'.'fn~&~~ned Trade shall be opened with the eaid Indian tribes; and the,· do 

hereby respecth·ely engage to afford protection to such pel":lon~, ·"·ith 
186 

TREATY WITH THE WYANDOT, ETO., 1196. 41 

piec~ six miles "'luarc at the old Pioria.s fort and village, near the south 

end of the lllin01s lake on said lllinoi• ri..er: And whenever the Unit-ed 

States shall think proper to aur·vey and mArk the bound11ries of the 

lands hereby ceded to them, they shall give timely notire thereof to 

the said trrbes of Incli,.ns, that they may appoint some of their wis< chiefs to attend and see that the lines are run according to the terms of this treaty. 

And the Mid Indian tribea will allow to the people of the United ,.c:"~~~.··.r.~ 

States a free passage by l&nd and by water, a• one aDd the other shall tho Jndl&no. 

be found convenient, through their country, along the chain of posts 

herein befo1·e mentioned; that i• to say, from the commencement of 

the portAge afore.aid at or neal' Loromie'a atore, thence along said 

portage to the St. l\lary's, ancl down the same to Fort Wayne, and 

then down the Miami to lake Erie: again from the commencement of 

the portAge at or near Loramie's store along the ;x>rtage from thence to the river Au-Gl .. ize, and down the same to tts junction with the 

MiY.mi a.t Fort Defia.nce: aga.in from the commencement of the portage 

Rforesaid, to Sandusky river a.nd down the ame to &nd1111ky bay aiid 

lake Erie, and from Sandusky to the poet which shall be taken at or near the foot of the rapid~ of the Miami of the lake: and from thence to Detroit. Again from the mouth of Chikago, to the commencement of the portage, hetween th~ot river and the Illinois, and down the Illinois river to the Mississippi, rolso from Fort Wayne along the portage 

aforesa.id which leads to the Waha.,h, and then down the Wabaoh to 

the Ohio. And the said Indian tribes "'ill also allow to the people of 

the United StAtes the free Wle of the harbors .a.nd mouths of rivers 

along the lakes adjoining the Indian lands, for ~heltering vessels and 

boats, and liberty to land their cargoes where neceasary . for their ~;&{ety . 

ARTICLE IV. 

In consideration of the rnce now established a.nd of the cessions a.unoulohm••• •• , , , • • . certain Ianda b7 and rehn1utshments of IAn s made tn the precedtnf arttcle by the satd united.,.,,.. 

tribes of ndilln•, and to manife.rt tha liberality o the United States, a'< the xreat means of rendering this peare strong and perpetual; the. L'nited State~ relinqui•h their clllims to all other lndian lands northward of the t·iver Ohio, ea.stward of the Milllisaippi, and westward a.nd 

..outhward of the Great Lake~ and the waten Uniting them, according to the ·houn<!ary line ~reed on by tbe United Statea and the king ol 

Great-BritAin, in the tt·eaty of peace made between them in the year 

17S3. But from thio relin~ui•hment by the United St..tea, the following tracts of !rmd, Rl'C explicitly exceptcd. 1st. The tract of one hun · E>ooollono. 

<Ired and fift1· tbou•and acres ncnr the rapids of the ri\'cr Ohio, which 

ha• been as8igned to General Clark, for the use of himself and his ,,.n lTiors. 2d. The post of St. Vincennes on the river Wabash, and 

the lands adjacent, of which the Indian title has been extinguished. 

3d. The lands at all other places in possession of the French people 

and other white .ettleroJ among them, of which the Indian title has 

heen extin!:"uiKhed u mentioned in the 3d article.i and 4th. The post 

of fort ::\lassac towArds the month of the Ohio. To which several par-

<·els of land so excepted, the said tribe• relinquish all the title and 

daim which they or Kny of them may hy.,·e . .And for the ~me considerations and with the same views u above t.n t:n.:::Sf! ~~~~::~:. 

mentioned, the United Stntes now delh·er to the said Indian tribes a •t•••· 

quantity of goods to t.he 1·alue of twentY thousand dollars, the receipt 

wht>reof the1· do hereby acknowledge; 'and hencefon;ard every year 

fore1•er the 'l.Jnitecl ~tales will delil'el' at some convenient place north- '~"rcl of the rh·er Ohio, like u•efnl good~, suited to tbe circumstances 

ot the Indians, of the I'Alue of nine thousand fh·e hundred dolla.rs; 

reckoning that 1·alue at the tir·st <'OMt of the goods in the city or place 
187 

TREATY WITH THE WYA!IDOT, ETC., 1195. 

that and the Tusearawas branch of the Muskingum; thence down that 

bmncb to the crOt>sing place al>aYe Fort Lawrence: thr.nce wesrorh- to a fork of tho.t branch of the _Kreat Miami rh·er ruuning into the Ohio, at or near whkb fork •tood Loromie'a •tore, and wbe1·e commenc~• the 

portage between the Miami of the Ohio, and St. Mary's rh·er, which is a branch of tbe Miami, which runs into Lake Erie; thence a we..terly 

<'Ourse to Fort Recovery, which stands on a branch of the Wabtu<h; 

then •outb-westerly in a direct line to the Ohio, so as to intersect that 

rin r opposite the mouth of K11ntucke or Cuttawa river. And in con· •ideratton of the J>eace now established; of the ~oods formerly ret-eh·ed 

from the United States; of those DOW to be dehvered, and of the xearly 

delivery of tsoods now ~tipularod to be made bereRfter, and to Jndem· nify the Umted States for the injuries and expenses they ha\"e sUJ;· 

tained during the war; the said Indians tribes do hereby cede and 

relinqui•h forever, all their claims to the lands lying eastwardly and 

southwardly of the feneral boundary line now deACribed; and these 

lands, or any part o them, shall never hereafter be m..de a cuuHe or pretence, on the part of Ule said tribes or any of them, of wa1· o1· 

mjury to the United States, or any of the people thereof. Ceoolonotpordeu t.. And for the same considerations, and a• an evidence of the ret.urn- l~.J:.~ tan4 •r ••• ing friendobip of the said Indian trihea, of their confidence in the 

United Statea, and desire to provide for their accommodation, 11nd for 

that eon.-enient intercourse which will be beneficia.! to both parties, 

the said .Indian 'tribes do alao cede to the United State. the following 

pieces of land; to-wit. (1.) One piece of land six miles square at or near Loromie'a store before mentioned. (2.) One piece· t...·o miles 

square at the bead of the navl~ble water or landing on the SL Man-'" 1~\·er, near Girty'a town. (3.) One piece six milea square a.t the bead 

of the navigable water of the Au-Gla.ize rh·er. (4.) One pi~"e •ix 

mile• square at· the t'Onftuenea of the Au-Giaize and Miami rh·ers, where Fort Defiance now stands. {6.) One piece six miles square at or near the confluence of the li\·ers SL Mar:y's nnd St. Joseph's, "'here 

Fort Wayne now stands, or near it. (6.) One piece two mile• square on the Wabub li\·er at the end of the j)Ortage from the Miami of the 

lake, and about eight miles west-nr from Fort Wayne. (7.) One 

piece six milea square at tJ1e Ouatanon or old w- town.1 on the 

Wal:laoh river. (8.) One pieee twelve miles 11<\uare at the Bdti¥h fort on the Miami of the lake at the foot of the raptda. (!l.) One piece ~ix 

mil~.s square at the mouth of the said river where it empties into the 

Lt<ke. (10.) One piece six miles square upon Sandusky lake, where u. 

fort forruerly stood. (ll.) One piece two miles square at thP lowe1· rapids of Sandusky river. (12.) The post of Detroit and all thc land to the north, tbe west and tbe south of it, of which the lndinn title 

has been extinguished by gifts or granta to the French OJ' Englioh 

governments; and ao much n1ore lanCl to be annexed to the diittl"ict of 

Detroit as shall be eomprohended between the rh·er Ros n~ on the 

south, lake St. Clair on tbe north, and a line, the genel'lll couroe whereof shall be six miles distant from the west end of lake Erie, nnd 

Detroit ri\·er. {13.) The po•t of Michillimackinac, and all the land on the island, on which that post atanda, and the main land Adjncent, of 

which the IndiAn title hu been extinl{uiabed by fift• or grnnto to tbe 

French or English go,·erntnent><; and a pie•·e o land on the mnin to the not-tb of the. islAnd, to meRSure Mix mile• on lake Huron, or the 

stn1it between lakes Huron And Miehip.n, and to P.xoond th1·ee milPs 

buck from the water of the lake or stratt, and nlso the island De Bois 

Rlane, being an extra and \"oluntary gift of the Chipe'R'a notion. (14.) One piec.e of land six mile~ square at the mouth of C...'bikagn 1·h·er, emptying into tbe south-west end nf Lake ~lichigan, wher~ a fort 

formerly stood. (15.) One piece tweh·e miles squal'c at or n"nr the 

mouth of the Illinoi~ rh·er, emptying into the 1-ti ssis~ ippi. {16.) One 
188 

T&l:ATY Wl'l'H THE WYANDOT, ln'C., 1711;;. 

Turtle Tribe: Shonoble\'O, wi.rchief, hi• ;J[ roark, [L. "·l Peter Kon"nauterlook, sachem, hie x mark. [L. •.) Daniel Teonneillet>e, eon of Sk~::n · 

endt>, war chief, his :c mark, (L. 11. J 

Tutoir.&rorat: 

Tba.ulondau"'·au,con, -.chem, hia x mark, (t.. .. ] 

Kanatjogh, or NicholaM Cuaick, war chief, hi1 x nark, [ 1.. a.] 

Witnesses to the signin~or nnd sealin~ of the agent of the United 

;-;tate•, and of th-. l'hief• of tho Oneida and Tu•carora nation•: 

::;. KiJ·kland, 

Jame. Dean, Interpreter. 

Witne,;,<e~ to the signing and sealin~r of the four chiefs of the Stockbridge Indians, whose name• are below: 

Sam!. Kirkland, 

John Sergellnt. 

Stoc-kbridge Indians: 

Hendrick Aupaumut, 

Jooeph Quuoney, 

John Konkapot, 

Jacob Kookapot, 

TUATY WITH TKB WYAliiDOT, liTC.,1'795. 

t

L. s.J L. 8. 

L. a. L. 8. 

89 

A t .. Mty of p«Jt:e bet?O~II tf,. u .. it«J Stakl of Amtriet> and IM 'Fr-iJ,tl ~: !~ 

"f Indwn.o, call<d tk Wyandoto; Dekstca,.tl, 8114'1tJ4no., Ottauxu, 1 "'"'·· "· 

Cltipewu, l"uJa,atim.,., .Miamu, EJ..,.;,_, W'Ha'1, -KU:lrap<XM, .. ~;;' ..... ""''·nee. Pianlxul~Dr~Jo, and Kulca,Jda,. · 

To put an end to a destructive war, to aettle all controveraiu, and to rutore harmony aod a friendly intercoul'lle between the eaid United 

States, and Indian tribe¥; Anthony Wayne, major-.:enei'a~ commanding the anny of the United States and eole comm!Mloner Jor the JlOO(i 

~urposee abo1•e-meotioned, aod t.be said tribe. of Indians; by .their 

t:;acbenl><, chief~, and warriors, met together at Greeneville, the head 

quarters· of the aaicl nmy, han agreed on the following articlei!, 

which, when ratified by the Pre•ident, with the advice and consent of 

the Senate of the United States, shall be binding on them and the said 

lndi!ln tribe•. 

ARTICLE l. 

Hen<·eforth all ho;tilities shall cease; peace is hereby e~~tablished . 

and ;hnll l!C perpetual; and a. friendly mtercourse shnll take plncc. 

hetwcen the said Uniterl State• and Indian tl'ibe$. 

ARTICLE II. 

Pe"<'e establbhed. 

All pd~ners shall on both si_des be ~tored. ~e Indians, prisoners Pr1ao••-:s on bolh 

to the Umted State•, ~hall he ammed1ate!y set at bbertY. The people ,. ... ,.,_ "'"'"'""· 

of the Cnited State~, •till rem,.ining prisoneu among tlie lndiRns, shall 

be delivered up in ninety day• fa·om the date hereof. to the general or commanding officer at Greene,·ille\ Fort Wayne or Fort Defiance; 

and ten chiefs of the eaid tribes shal 1-emain at Greeneville as hos- blg~ ... until the delivery of the prisoners shall be effected. 

ARTICLE lJl. 

The general boundary line between the laodl of the United States, ....... ..,. uoo • and tbe land~ of the ~~&id lndia.n tribes, ~hall begin at the moutb of tabll•.b..t. 

Cay .. hoga river. 1&nd run thence up the ll&llle to the portage between 
189 

-I z ;:o 

r'l-u 0 l> o -1 --1 

-< :t> 

n :::E 

[Til> )> 

' Vl -I '•l) 0 -- 3': z .:l - z )> (jl 

INDIAN CLAIMS COMMISSION AND COURTS RULED THAT GRAND RIVER OTTAWA 

HAD LEGITIMATE CLAIM TO LANDS BELOW GRAND RIVER 

TODAY'S GUN LAKE BAND STILL LIVES IN THIS REGION-OUR HOMELAND 

84-978 - 95 - 7 
190 

OUR CHIEF SIGNED THE 1807 TREATY-COURTS HAVE RULED THAT ONLY 

THOSE WHO WERE PRIMARY PARTIES TO 1795 GREENVILLE TREATY COULD 

SHARE IN 1807 TREATY-NAME SPELLED "SAGAMAW" THIS TIME. 

nurT WITll TD OH~WA, liTO., liOT. 
191 

TREATY WITH THE OTTAWA, F.TC., 180;. 93 

parti<"; aft<-r af•dl e:&planlltim• and JH<rfect underltllndinfl_, tla4 follQtoim; articw ar6 agrud II•, !tJhict., v:!Lea ratijid by tM PruiJ:ent, 

by and •citlt. th6 ad vic• m1d con•mt nf th• Smat• of tlio Unit«l Stat.,, 

1hal.l 0. bindi7UJ on th.m, tlnd the r.,p«ti-,• natW.... of Indiam. 

ARTICLF. 1. The •acherns, chiefs, and warriors of the nations afore - c nn•lde .. uon. 

said, in r.on•ideration of money and ioods, to be paid to the Sl\id 

nations, by the government of the Umted Stat&! u hereafter stipulated; do herehy agree to cede and fore\'er quit claim, and do in belialf 

of their nations herehy cede, relinquish, and forever quit claim, unto c ... , ••. the said United States all right, title, and interest, which the aaid 

nation. now have, or claim, or ever bad, or claimed} in, or unto, the 

lands comprehended within the following descriOOd ines and bound- Boundu l ... 

aries: Beginning at the mouth of the Miami river of the lakes, and 

running thence .up the middle thereof, to the mouth o{ the great Au Glaize river, thence running due north, until it intenect.a a parallel of 

latitude, to be drawn from the outlet of lake Huron which forms the 

river Sinclair; thence running north east the course, that may be found, will lead in a direct line1 to -White Rock, in lake Huron, thence due 

east, until it intersects tne boundary line between the United States 

and Upper Canada, in said lake, thence southwardly, following the 

said boundary line, down said Jake, through river Sinclair, lake St. Clair, and the river Detroit, into lake Erie, to a_ point due east of the 

aforeaaid. Miami river, thence west to the place of beginning. ART. II. It iR hcrebv stiEulated and o.areed on the ..... rt of tbe United Bow ... co .. ldot•· 

S 'd ' · I ds"1!.-~ d . ..- ' . "•• '' '" ,. •• ,.,. tat&!, as a cons! era bon or the an j """e by the natiOns aforesa1d, uontd and paid. 

in the preceding article, that there aha l be paid to the aaid nations, at Detroit, ten tbol18and dollars, in mone;r, lrOQds, implements of hu•- b&ndr:y, or domestic animat., (at the opt10n of the said nations, sea•oo- ablr signified, through the superintendent of .Indian aJfaira, residing 

with the aaid nations, to the department of war,) as soon as practicable, 

after the ratification of the treaty, by the President, witli the advice 

and oonS<ent of the Senate of the United States· o( this aum, three 

thoWI&nd three hundred and thirty three dollan ihirty three cent.s and 

four mills, shall be paid to the Ottoway nation, three thousand three 

hundred and thirt.r three dollars thirty three cents and four mills, to the Cbippeway nat10n, one thouaand six hundred sixty six dolb.n sixtv 

six cents and six mills, to the Wyandotte nation, one thouaand six hundred sixty six dollars sixty six cents and six mills, to the Pottawatamie 

nation, and likewise an annuity forever, of two thousand four hundred 

dollars, to be paid at Detroit, in manner as aforeaaid: the first pny- ment to be made on the first day of September next, and to be paid to the different nations, in the following proportions: eight hundred 

dollars to the Ottoways, eight hundred dollars to the Chippeways, four hundred dollars to the Wyandott.ea, and four hundred do11ars to such of the Pott.awatamies, as now reaide on tbe river Huron of lake Erie, the river Raisin and in thO! vicinity of the said rivers. ART. III. It is further stipulated and agreed, if at any time here· Unllod ... ,.. w~l' after, the aaid nations abould be of the opinion, that it would be more :f.::O: .. ~,~:f~· •• : for their interest, that the annuity aforesaid should be paid by instal- occallr . ••· 

ment.s, the United Statee will agree to a reasonable oommutation for the annuity, and pay it accordingly. ART. 11/. The United States, to manifest their liberality, and dispo- United "'"" to 

. • b 'd I d' . • Jt f th t' J t •• • pi r '"' l ed loco sltton to encountge t e sat n tan!, tn agncu ure, ur er s tpu a e, 'IF1th blae'lum!Uu. 

to furnish the said Indians with two bla.ck.nnitlw, ono to reside with 

the Cbippeways, at Saguina, and the other to reside with the Ottaways, at the Miami, during tl.te term of teo years; said blacksmit-hs are to do such work for the said nations as shall be most useful to them. 

A;KT. V. lt is. further ~g;eed and stiP,ulated, t~at. the said Inditln .J~~~~· 0'f ~~~~~~·.~ nations shall enJOY the pnv1lege of bunting and tisbmg on the land~ ~ •.. on lond• e.·ded. 
192 

94 TREATY WITH THE OTTAWA, ETC. , 1801. 

ceded as aforesaid, u long as they rem !lin the propert)· of the C nitcd 

States. · Ke-enratlona. ART. VI. It is distinctly to be understood, fo r th•' accommodation 

of the said Indians, that the following trnct., of land within the eession 

&foresaid, shall be, and hereby are resen-cd to th~ suid Indian nations, one tract of land six miles square. on the :Miami of lake Erie, above Rncl~e de Boer.if, to include tbe village, where Tomlago11ie, (or tbe 

Dog) now Jivee. Aleo, tbn.e miles square on the said river, (above 

the twelve mile10 square ceded to the United States by tbe treaty of 

Greenville) including what is called P,.,.que Ilk; also four miles square on the Miami bay, including the villages where .J£•/Jutnou and Waugau now live; aleo, three miles square on the river Rai8in, at a place 

called Jfacon, and where the river .Maoon falls into the rh·er Raizin, 

which place is about fourteen miles from the mouth of said river 

Raizini also, two sections of one mile square each, on the river Rr.nUJ~, 

at S~ullirDiu'• village; alao two eectiona of one mile square each, at T~ilh'• villaire, near the river Roug•; aleo three mile~ square on lake St. (,'lair, &hOve tbe river Huron, to include ·JlncAon<li• village; 

al""l eix 118Ctiona, each lllletion containing one mile square, within the ces~~•on aforesaid, ill aucb situation& u the said Indiana shall elect, 

subject, however, to tbe approliat.ion of tbe President of the United 

States, as to the plaoea of location. It is further uoderstood aud 

agreed, that. whenever the ,_rvations cannot conveniently be laid out io squares, they shall be ·laid out iii paraleloqrtw~•, or other fi2· urea, as found· moat· practicable aod convenient, so as to contain tfie area specified in miles, and in all cases fbey are to be located in such manner, and in ·gueh situation&, as oot to interfere witb any improve- ments of the French or other white people, or any former oeasious.. IDdtana •<>•owl- Azr. VII. The aid natiooa of lodians IIICkno"ll'ledge th81D8elves to ~u:!l~~~,!"·•• be under the protection of the United State.~, and no other power, and 

will prove by tbeir conduct that that are worth,- of ""great a bleuing. In testimony whereof, tbe said William Hull. •ncl the sachems and war chiefs representing tbe said nations, ha'"" hrrcnnto set their hands 

and seals. Done at Detroit, in the territory of Michigan, the day and year first 

abov!!l written. 

William Hall, [L a.) 

Cblppewu: 

~~=~~·~t;;~"t[~ :)~ ~i:k~~~;!,' bU. s mark, ~ ~ Poqaoqaet, or the Ball, hil "mark, L a. 

Sennaewan, hi8 x mark, L. a. Qu1tdioneqait, or Big Cloud, hio " 

mart! [L Ll Quicoaqweh, hio z mark, [L L 

Pucken-, or the Spark of Fire, 

hie x mark, {'" a.l N~. or the Ot:lior, hla " mart, 1. L 

:ll...,ta, hil " mark, 1. a Macquetteqaet, or Little Beoor, hlo" mark, [1. a.J 

Nemeku, or LittJe Thunder, bi1 x mark, [1. a) 

Sawaa.abeDue, or Pechepbua, or Grand Blanc, hil" mark, (L L) 

Toaqaleh, blo ~ muk, [1. a.) 

:~~=:k~!;thetJttleCedar,{L. a.] 

bla" mark, [1. a.) Ottawu: 

Aat.owa;r, hio " mark, ~._ a.l ltawachewan,. bias m.ark, L L ,',.,. 

Bawgamaw, h11 x mark, L. a. _. :-. . 

~l"'.nft&rk",------- ..: ·a. 1 W"...pmick, bia x mark, L. L .. : 

Pattawatimu: 

N- Toqalob, bla hill " "mart, -k. I'" ._ .. a. ~ l'fawme,hlaJ:~ LL =:':!. ~ ,:....k, • :: ~ W)'Uldobl: 

~~":::\f..r.:~~kWater, hil "[La.] 

mark. [L. L] 

lyonayotha, hi• x m&rk, (t.. L] 

In presence ofGeorge McDoug&ll, chief judgb court D. H. and D. 

C. Rusb, attorney general. 

Jacob Viager, aasociate judge of tbe D. court. Jos. Watson, secretary to the lepsiature of Michigan. 

Abijab Hull, surveyor for Mich1gan Territory. 
193 

OUR MAIN WAR CHIEF WHO WOULD HAVE BEEN 26YEARS OLD, PENASEE, 

SIGNED THE 1815 PEACE TREATY. OUR OLD CH IEF, SAGINAW, WAS AT 

GREEN BAY AT THE TIME AND RECEIVED E~/S OF THE TREATY TOO LATE 

TO SIGN. HE BROUGHT THE PIPE TO MICHIGAN TO SMOKE WITH GRAND 

RIVERS AND POTTAWATOMI TO INSURE THEIR COMPLIANCE. 

TREATY WITH THE WYAliDOT, ETC., 181~. 

A Treaty ~tuee11 tl .. United State• of America and the llyandot, !JeW.- 'Cflre, Seneca, Sha1C<UUJ<, J[i<v.;i, Cltipp<1toa1 Ottawa, and l'vtawa· tiutu, Trio-. of /,.d;a,._., re4id:ng •mthin. the limiu of th8 Stat.! of Ohin , and th e Territorie.• of lr•d·icma and Mt:chigrrn. 

WHEREAS the hipp '~•. Ottawa, ond Potawatiinie, tri bes of Indian", together with certain hands of the Wyandot, Delaware, Seneca, Sh:, . wanoe, and Miumi tri he<, we1·e •••ociated with Grcnt Britain in the late war between the United States ond thot power, ond ha,·e nmni. c~ ted a disposition to be restorr.rl t~ the. re lat io ~ ~ peace and amily 

w1th the s1ud States; and the President of the lin1tcd State.< having appointed Willium Henry H<Lrri•on, lat~ a MIL\· or General in the nerv- icc ?f the Un t:~ StateR, Duncan M'A1-tbur, ate ll ~rigadier in the serv1ce of the t.: mted States, and John Graham, Eeqmre, u CommiR· .• ioners to treat with the said tl'ibes; the said Commis•ioners and the ::;achem•, Headmen, and 'Vanior•, of said ttibeR ba,·ing met· in Council ot the Spring W ell•. near the city of Detroit, haYe ag1·eed to the folk"ving Articles, which, when ratified by the President, by and with 

the advice and consent of the Senate of the United States, shall he bindin~t on them nnd the S!Lid tribes: 

~rt. tJI\!1 . 

1 ~lU ., I:Jl . a.. ~ed Oec .'lG, ll'll,'\. 

ARTICLI': 1. The lJ nited State~ give peace to the Chippewa, Ottawa ..... .,., .... ..,. and l'otawatimie, tribe•. ' 101" , .. ,..._ 
194 

ll!l TREATY WITII Till!: WT.AlfDOT1 'ETO., 1815 . 

.. 'ti.':~~~~ ART. 2. They abo &gree to restore to the S&id Chippewa., Ottawa, ot ••"· and Potawatimie tribes all the poiiii8Sflions, right!, and priviledgea, 

which they enjoyed or were entitled to, in the year one thousand ei~rht hundred and eleven, prior to the commencement of the late war w1th Great Britain; and the said tribes, upon their part, agree again to place themselves under the protection of the C nitcd States, and of no other power whatsoever . •• ~·t:.~\~~ \W.!"'~i ART. 3. In consideration of the fidelity to the United States which ~:,:•;~~doc.. "''•· Iu.s been manifested by the Wyandot, Delaware, Seneca, and Sha- . · wanoe, tribes, throughout the late war, and of the repentance of the 

Miami tribe, as manifested by placing themselves under the protection 

of the United States, bv the treaty of Greenville, in eighteen hundred 

and fourteen, the said States agree to pardon such of the chiefs and 

warriors of said tribes as may have continued hostilities against them 

until the close of the war with Great Britain, and to permit the chiefs 

of thetr respective tribes to restore them to the stations and property which they beldpreviously to the war. 

rll";-'' •• ,?.~· •.; ART. i. The United States and the beforementioned tribes or nations coo~.;.,"',d'• •• of Indian@, that i8 to •y, the W_yandot, Delaware, Seneca, Sbawanoe, 

Miami, Chippewa, Ottawa, and Potawatimies, agree to renew and con- firm the treaty of Greenville, made in the yMr one thonsand seven hundred and ninety-!ve, and all aubolequent treaties to which they 

were, respectively~ -partiee, and the eame are hereby ~in ratified and 

confirmed in u rwl a iD&ooer u if t.he7 were inserted 1n thia treaty. 

Done at Spring Wella, tlie ~hth day of September, in the year of our Lord one tholl8&nd eight hundred and fifte~n, and of the independ81lce of the United Statea,. the fortieth. 

In testimony whereof. they, the aaid commissioner~~, and the II&Chema, 

bead men and warrion of the dilfer81lt tribes, b&ve hereunto aet their 

hand!, and affixed their aala. · 

William Henry~. [L. Ll DuncaD He.Arihur, t. L 

John Grsham, L. L 

W yando~ cblefo: Tarhee, or tbe crane, bio x mark1 [r. a.] H arroayeou, or Cherokee boy, h• X mark, (L. L) 

Baoobokee, or IODC ...,._, bio " 

ouU:~~inob, or cub, bla z markl.ft ~} Myecruh, or walk in the water, h 

x mark, {L. a.j Tvanumka, hi1 :s: mark, [L. 1. 

Mymehamkee, or Barnett. bt. x mark, [L. L) Shawanoe chlefa: Cutaweekeahah, or black hoof, bill x mark~ (1. a.] Nutshe~·ay, or wolra brother, bill 

x mi.rk, [L. •·J 

Tamenatha, or butler, hia x mark, (t.. a. Shemenetoo, or big mate, hia x m&rk, (L. n.) 

Outhowwaheahep.th, or yellow 

plume, hia x mark, 

Qua~~~~y, or capt. Lewia, h ... [L. a.] 

Mishquathree, or capt. Reid, hiJ x 

mark, {L LJ Tecum~, bill x mark, (L. L 

Ottaw& chief.: Tonf.e41eo&b. or the dog, hio x m&rk, ('- a.] 

Tubcuyr, or McArthur, his x 

Oke= ~rlitUechiel, bil x mark,~~ ~l Na.eblt·emab, hie x mark, L. L 

Watuhnewah, hie x mark, L. 1. 

OnqnDOII"'ob. er ugly fellow, hilt :1 

mari:, (!.. L] 

HeDitugawbowar, or tb~ devil llaDdlns, bio x m&rk, ( '- L J 

K:elyltam.orftratactor,hiaxmark, [L.a.) Ottawu rrom Mackinack: Eemenechacon, or the but&nt, hia 

"mark, [1.. "-l 

Ksrbea.equane.. ortheonewhowent fo front, hllo x mark1 [1.. a.] Ottawa from Grand RlVer: 

HeebeQuu\..~~! " mark, ( L. a.] .&. Winne""!!" from Hacldnaclt: W--.chum, or Gnt to Nrt the wbiteo, hio x mark, (t.. a.] 

Chippewa chiefs: Papneecha, or tum round about, hie 

x m&rk, (t.. •·1 

Nowgescbick. or twelvt• o'clock, hia x mark, [1- a.] 

Shamanetoo, 'Jr God Almighty, hia 

x mark, (L. "·J Wi.eaenesoh, his x mark, [L.a. 

Cacbeonquet, or big cloud, hill x 

m&rk, (1.. LJ 

Puheekiak.aquuhcuuJ, [L. 11. 

Meo:a~•· or the little fty, his x~'- •·j Enewame. or crow, hla x mark, L. L 

Nauaquaoto, his x mark, 1... 1. 

Pu.nl.l!!llee,orthcbird,biaxmark, L.a. -Delaware chiefs; 

T~~~~~ing, or Andenoo, hia xfL. Ll 

I...m&htanoque:r;, bia x mark. L.. a. Mata.hoopa.n, hie x mark, L. 1.1. 

Aabeppa.n, or the buck, hie x mark, L. •· 
195 

TRI':ATY WITH TBF. OSAGE, 1815. 

Ji111 1\illonci:, his x mark, 

Captain Beaver, his x mark, ~fcDon&ld, hia J: mark, Seneca ehiefo: t

L.a.. "·j L. 8. 

Tahummindoyeh, or between word•, his x mark, [1 •. 1:1.) 

Yonundank.vkueurent, or John 

Harrill, his x mark, fL. ll.J 

)l8.80mn,orCh·ilJohn,hie x mark, L. 11. 

~c8orawaht&h, or wiping etici:, his x mark, (L. e.) 

Pot3.watimie chiefs: Topeeneebee, his x mark, [L. t'.] ~oungeesai, or fh·e medRI~. his x mark, 

~ayna.uawsekaw, hil't x mark, 

Joeeonce. his x mark. Cocneg, hill x mark, 

Ohshawkeebee, his x mllrk, 

Waineamaygoa.s, hie x mark, ~lrek•whay, his x mark, 

Mongaw, ba x mark, 

Nawnawmee, hie ::r: mark, 

Chay Cbauk, or the erane, h1a x 

L. 8. 

L. Is. 

L. 8. 

L. 8. 

L. 8. 

L. B. 

L. 8. 

L. 8. 

mark, [L. •j \Vanaun&iekee, hia x mark, L. s: Pasbapow, bia x mark, t.. a. Honkema.ni, or the chief, h~ x mark, L.a. NeeMC&timeneemay, hie x muk, L. 11. 

Ponngeuaia, hb x mark, L L 

Nounnawteekawaw, hil x mark, L. a. 

Chickawno, bil x mark, L a. Mitteeay, hia :r: mark, L L 

Ye.eecawee, bU. :r: mark, L L 

N eepouhe, hil x m.,.k, L. 1. 

Signed in the presence ofA. L. L&Nrhan, aecret&ry to the commi~ 

lion, 

LewioC.., 

J&meo HIUor, brig. gene~ U. B. Army, 

;:.~~,.~~~,-major U. 8. Army, 

Hy. B. Brnoort, late Major Forty.flftb 

Infant.y, 

John Bidder, Capto.in U. 8. Corpo Artil· lery, 

t:~ l!rl1~. ~. L. 0. D., Jo. K. W.Jker, Wyandot interpreter, 

Kaitchaynee, hia x mark, [L.a.] 

Way;';::;'k,or W. H. Harrioon, hio!L. "l 

Louieon, hit x mark, L. a. Osheouakeebee, hia x mark, L. a. Miami cbiefa: 

Paean, hi& x mark, fL. •·J 

Singomeah&, ortheo"·l, hia x mark, L. A. 

Tota.nag, or the butterfly~ hie x 

mark, fL. "J 

()yge, or the neutn\.l, hie x mark, t •• •· 

Wa&sioung, or the white ekin, hia x mark, [L. s.) 

Wapa.aesabina, or whit.e racoon, hLs x mark, [L s.] 

Ott.eut.aqua, or & blower of hi~ 

breath, his x roark, fL. :-.. J 

Makala8abina, or blad:: ra.covn, hisx mark, (1. . .s. 

Wapeshesa, or white ap~ra.nce in the water, hiA :x: mark:, (L. ~'I 

rho:::be~hi:!n~~Br~,his X mark, ~~- :.i 

Shequ.ar, or the poor rac-oon, hiA x.-

mark, (L . .:~.J 

g~=~~~h~h~rs~~ h~~:gn~{~·. [L. s. hia x mark, [L. s. Wa~me. or the collector of birds, bio x m•rk, (L.a.] 

Meclnnabee, or ~he setting !tone, 

hUI s mark, (L. a.J 

Anna.wba, hia "X mark, [L. a. H.ubepshoewi.ogqaa, or tiger'1 

faCe, hil x mark, (1. o.] 

Francfl J&nlell, Jameo Ri!!T• i.Dt.erpreter, WUIIam K1Dg, 

Fraocoil HCMltoa, JobD Keule, iD~Nt.er, 

P. Dachoaquet, Uidled Btalel iDllorp,..... 

r..o':.: ::-lait, Indfan !at.erpret.er, J. Bl& Cbandonna!, lnterproet.er, 

~.;t!i:::cE:ndl, Jean Bt. M- hio x mark. 

TREATY WITH THE OSAGE, 1816. 

A trdlbj of. peace and frienrl.ltip, nuuie and CQnclwkd Oet?IJttm William 

Clark, Ninian Elu..•ard.~, and Auyu.ste Clwuteau, Gommia:tion<·r·s 

Pkn.ipoUntiary qf the C11ite~:l Statea of America, rm the pa1·t and 

behalf oftlte &aiel Sta/.eJI, of tlw one part; and the tt1!der.,iqned King, 

Chief•, and Warriors, of the Great and Littu Oa'lqt Tribea C/T 

Natw•u, on tA. part and behalf of their •aid Tril>e11 or Natiom, of 

the other- part. 

11\l 

--~~~8~-:_ 

:.--it.u:.t:i-1 

!l"titieo10co.·."l6.1!1.7l. 

THE parties being desirous of re-estahlishing peace and friendship 

between the United States and the said tribes or nations, and of being 

pliLCed in all things, and in every respect, on the same footing upon 

which they stood before the war, have agreed to the following articles: ARTICLE 1. Evet·y injury, or act of hostilitf, by one or either of .,'nlurl••· 

the contracting parties against the other, shal be mutually forgiven •••· llnd forgot. 

tttc •. :-:tr-

197 

TREATY WITH THE 01"1'.1. W A, ln'C., 1!121. 

River, but if none of tbc .... id lineo •hould eros.• the ~~&id River, thee 

to" point due east of t~e source of the gaid main hranch of the snid 

l'ive•·, and from such pomt due west to the 'ourcc of the sRJd pnnc1pnl 

l>mnrh, ~nd from the rros.•ing of the said River, or from the sourer 

thereof. ''"the <'n<e mu1· be. down the said River, on the north bunk 

tJ!ereof, to the mouth; thenc" following the shore of Lake Michigan to' the •outh bank of the SRid ri,·c•· St. Joseph, at the mouth thereof, 

llnd thence with th~ .'18id south bank to the place of beginning. . ART. 2. From t'he cession aforesaid , tb r~ shall be rese rved, for the """'"'•lioo•. u~e of the lndiaM. the following Tracts: 

One tract at Mang-ach-qua Village, on the ril' er Peblc, of six miles 

squa•·e. 

One tno.ct at Mick-ke-sllw-be, of six miles •quare. 

One tr~ct at the village of Na-to-wa-se-pe, of four miles square. 

One trad at the village of Prairie Ronde, of three miles square. 

One tract at the village of Match-e-be narh-she-wish, at the head of 

the Kekalamazoo river. 

199 

ART. 3. There shall be granted by the United 'States to ea.cb of the ....':..':: .. •• penoo• 

followin~e person~, being all Indians by deacent, and to their heire, the · following Tracta of Land: 

To .John Burnet, two sections of land. 

To ,J,.me~~ Burnet, Abraham Burnet, Rebecca Burnet, an<l Nancy 

Burnet, each one section of land; which said John, Jn.mes, Abrah~m. 

Rebecca\ and Nancy, are children of Kaw-kee-me, sister of Top-ni-be, 

princiJML chief of the Potwatal'!lie nation. 

The land gl"anted to the pe1-sons immediately preeedin~, ahall begin .~•Jon ·~ ••• .... on the no11.h bank of the river St. Joeeph, about two mdee from the • '"'" · 

mouthtand »hall extend up and back from the aid river tor qQantity. 

To • ohn B. 1.& Lime, son of Noke-no-qua, one-half of a aeetion of. ,.,,. • .,.,._ land, adjoining the t1·aet before (!anted, aod on the upper side thereof. 

To .Jean n. Chandonai, r10n of Cbip-pe-wa-qua, two sections of lar.d, on t.be rh·er St .• Joaeph, abovo and adjoining the tract granted to J. B. l.AI Lime. 

To Jo~<e~h Daze, l!On of Cbip·pe·wa·qua, one aection of land above 

and adjoin1ng the tract g•-anted to Jcao n. Chandooai. 

To Monguago, one·lialf of a -.tloo of land, at Mlah-she·wa·ko· 

kink. 

To Pit>ne Moran o1· Peeresh, a Potllwatamie Chief, one aection of 

lund. and to hi~ children two sections of land, at the mouth of the Elkheart rh·cr. 

To Pierre Le Cle•·c, roon of Moi-qua, one section of land on the Elkheau·t ri.-er. abo,·e nnd adjoining the ti'Bct granted to Moran and hi• 

children. 

The section of land granted uy the Treaty of St. Mary's, in 1818. to 

l'eere.•h o•· Peri g . . ,half be ~trant•rl to .J eRn B. Cicot. •on of Pe·say-quot, .•i•t.lJ' of the .aid Poere•h. 1t ha1·ing IH?.en •o intended at the execution 

of the snid Treat v. To 0 -•he-ak-ke·be o1· l:lcnac, oM-half of a section of land on the 

north side of th~ Elk-hu1·t l'ive•·. where the road from Chi<'.ago to Fort 

Wayne ti1.,.t cro••c~ tho snid rh·er. ·ro Me-n~>w-che, a Potnwlltllmi<~ woman, one-half of a section of lt<nd on the uatcrn bank of the St. Jo~eph. where tbe road from Detroit to (;hie~<go lii"Mt cro..,e.• the oaid river. ·ro Ther.c..a Chandlc•· o•· To-e-ak-qui, a Potawataruie woman, and t.o 

her d~<ughter Bet.cy Fisher, one aection of laud on the. south •ide of 

the Orand Hiver, opposite to the Spruce Swamp. 

To Charle~ Huubien and Medart Beaubien, 80M of Man-nll·ben-nqua. each one-half of a section. of land near the village of Ke-wi-go-

$hkeem, on the Wa~hteMw river. 
200 

198 

T.BJI!ATY WITH TJIE OTrAWA, rTO., 1821. 

To Antoine Roland, aon of 1-ga.t-(l&t-a-wat·a·mie-qua, one-half of a section of land adjoining and below the tract granted to Pierre Moran. 

To William Knaggs or Wu-ee-kulr-aoo, aon of Chea-qua, one·ho.lf 

of a section of land adjoining and below the tract granted to Antoine 

Roland. 

To Madeline Bertrand, wife of .Joseph Bertrand, a Potawatamie 

woman, one section of land at the-Pare aux Vaches, on the north side 

of the river St. Joseph. '. · To .Joseph Bertrand, junior, Benjamin Bertrand, Laurent Bertrand, 

Theresa Bertrand, and Amable Bertrand, children of the said Madeline Bertrand, each one half of a section of lund Rt the portage of the 

Kankakee river. 

To John Riley, son of Me-naw-cum-a-go-quoi, one section of land, at the mouth of the river Au Foin, oo the Grand ~iver, and extending 

up the said River. To Peter Riley, the son of Me-oaw-cum-e-go-qua, one section of 

land, at the mouth of the river Au Foin, '"' the Grnnd River. and 

extending down the Sllid river. To Je~~n B. LeClerc, son of Moi-qua, one onlf of a section of t.md, 

above and adjoinin_g the tract granted to Pierre LeClerc. To J.oaeph La Framboiae eon of Shaw-we-no-qua, one section of 

ID.nd upon tbe 110oth aide of tbe river St. Joeeph, aOd adjoining on tbe 

upper aide tbe land ceded to the Uaited Statea, which said section ia 

also ceded to the United State.. · 

•• ?:".:.';'.~~~ :C::::t The Tracts of LAnd herein atipulated ~ be Jranted, ahall oe,·er be 

leased ~r eonveyed by tbe paateea or the~r be1ra to any: pe_raooa whatever, w1thout the p_ermluJoa ·of the· Pre.ldent of· the Ualted States. ,;....,,...,.,. loooted And 1111ch tracts shill be located after the Aid eeuloo ia earveyed, ud • ""'"••· in <.-ooformity with" tuch aorveya u near"u may be, and in such maa- oer u the President rua.r· direct • .,.::;:.•"' lor aid ART. f. In eooalderatioa of the ceulon aforesaid, the Uaited States 

engage to pay to the Ottawa oationt one tbollt&Dcl dollars in IJ*ie 

annually forever, and alto to appropnate aaaually, for the term of tea !e&ra, the aum of &fteeo hundr'eil dollan, to be npeaded u the President may direct, ia tbe aupport of a Blaeumitb, of a T..,her, and of a penon to illlltmct the Ottawu ia al!'ricultars ud in the pun:~ of 

cattle and farmint utenaib. And tbelJnited States also engage to t-Y to the Potawatam1e nation l1ye thoueand dollars in specie, annually, for 

the term of twenty years, &nd al.o to appropriate annually; for the term of fifteen ye&ra, the RUm of one thousKnd doll~trs, to be expended as the President mav direct, in the snpporc of • Black.tmith "nd ll 

... b,• "'""'1-"n":l Teacher. And one inile aquare shall be selected, under the dir~dion !~:r.ht·~ umtt" •n of the P1·e.sident, on tlle north aide of the Grand _River, and one n1ile 

sqUitre on the south side of the St. Jo•eph, and within the lndiHn ll\nds not ceded, upoo which the blacksmiths and tr.~t ch er• employed f•n· the 

snid tribes, respectively, shall ruide. "'~~~~.~~:~~~';:;~'· ART. 5. The stipulation contAined in the trcaLv of Green\·ille. relative to tbe right of the Indians to bunt up01o the land o·cded while it 

continue• the property of tbe United States, •hod) llpply l<) this treAty. m!·~~~~~~ic~m~;~ ~RT. 6. The United smu:s ~hall hnve the ivil~ge of nutkin~ and hu11-~~ cfluntr)'· m:11ngn. road throug-h the lndtan country, from Detrott u.nd Fort\\ ayne, 

respectivelv, to Chicago. 

r,..,.,,. blndlnr ART. 7. 'rhis Treaty shall take e!lect and he obligatory on the con- whon '*'1

"""'· tracting parties, so soon 1.11 the "ame ahall oo ratilied hy tbe President 

of the United St.•tes, by 11nd with the advice and consent of tbe Senate 

thereof. Ia testimony whereof, tbe said Lewis Cass and Solomon Sibley, l'Ommissionera.., afort'•id. and the chiefs and wardono of the aaid Ottawa, 

Chippewa, and Pattiwatima nations, have hereunto set theil· handti, at 
199 

TREATY WITH THE OSAGE, 1822. 

Chicago Rforeaaid, thi" 29th da_,, of August, in the year of our Lord 

one thousand eight hundred and twenty-one. 

Lewis C&81!1, 

SQiomon Sibley. 

Ottawas: 

Kewagoushcum, hie x mark, 

Nokawjegaun, hie x mark, 

Kte-o-to-aw-be, his x mark, 

Ket-che--me-chi-na-waw, his x mark, 

Ep-pe-aan-tle, hi! x mark, 

Kay-nee-~ee. hie x mark, 

~~~~~h~-~~!~che~:iskh, hill x mark, 

Chippewa.: 

Met.-t.ay-waw, hia x mark, 

Mich-tll, his x mark, Pattiwatimu: 

To--pen-ne-bee, hit x mark, 

Mee-te.ay, hia x mark, 

Chee-b&nee, hie x mark, 

Loui-eon, hie x mark, 

\Vee-aaw, hia x mark, 

Kee-po-taw, hill x mark, 

Shay-auk-ke-bee, hia x mark, 

Sho-mang, hht x mark, 

Waw-we-uck-lr:e-meck, hia x mark, 

Nay-ou-chee-mon, hia x mark, 

Kon-gee, hie x mark, 

~~~h~~:,~~·x h::rk~ark, M:eek-say-m.ani, hie x mark, 

May-ten-way, hia x mark, 

Shaw-wen-ne-me-tav, his x mark, Francoia. hie x mark, 

:\fauk-ttee, hia x mark, 

Way·me--go, hie x mark, 

Man..daw·min, his x mark, 

In presence of·-

_\lex. \VolcOtt, jr. Indian agent, 

Jno. R. Williama, Adjutant-<.itoneral, M. :Ma. 

G. Godfroy, Indian agent, W. Knaggs, Inrllan Agent, Jarob \'i~t. 

Henry I. Hunt, A. Phillipo, paym .. ter, U. S. Army, H. ~fontgomery, 

Quay·g"Uee, hiA x m&rC:, 

.-\a-pen-naw·bee, his x mark 

Mat.<•ha-wee-ya.a.~, his x mark, 

Mat.c:ha-~-gish, his x marlr:, 

Mongaw, h1s x mark, 

PUil·gay-gaus, hiR x mark, 

See-cobe-mesh, hiA x mark, 

Chee-gws-mack-gws.-go, hia x: mark:, 

\\'a\\'·Be~baw, hiH X mark, 

Pee-ch<"e-co, his x mark, 

Quoi-quoi-t.aw, his x mark, 

Pe-an-niah, his x mark, 

Wy-ne-naig, hiR x mark, 

Onuck-ke-mei:k, hie x mark, 

Ka-wav-sin, hie x mark, 

A-mecl-koae, his x mark, 

Oe-eee-meet, his x mark, 

Shaw-Eo-to, his x mark, 

No-abay·we:quat, hia x mark, 

:::~:k~-~~-~o~~r:ls x mark, 

Kee-no-to-jl'O, his·x mark, 

Wa-baw-nee-she, his x mark, 

Shaw-waw·n&\'·IIH', his x mark, 

Atch-wee-mur:'k-quee, his x mark, PiAh ... he-ba•·-gaV, hiA x mark, 

Waw-b&-saye, h"' x mark, 

Meg·gt"'l·.-eeae, hit~ x mark, 

Say-gaw-k.oo-nodr:, hia x mark, 

Shaw-way-no, hi1 x n1ark, 

~~e::~::·t{:~ ~!:.~1r:~arlr:, A.Jh-kee-wee, hia x mark, 

Shay-aulr:-ke--bN, hie x mark, 

Aw-IM!·tone, hi• x mark. 

Jacob B. Varnum, t:nited States factor John B. Beaubien, Conrarl Ten Eyek, 

~:',!:~':J;.., jun. 

Henry Connor, .Tame. Bamerd, 

John Kenzie, !'1~nt. 

201 

The trnct resen·ed at the village of Match·e·be·nash-she-wish, at the The, ... , •• llatch· 

he11d of the Ke-kal-i-mll·ZOO river."""" by agreement to IJe three mile• ~'::;r,~':.:,h.:'.":!'"' to be 

square. The extent of the re."ervation was accidentally omitted. 

Lewi:o; Cn~s. 

~lnmnn .~ihJ~,. 
200 

MORE PRCMrrSES OF RESERVATION LANDS FOR OUR CHIEFS THAT NEVER 

MATERIALIZED OR WERE FOR A SHORT DURATION. THE CONSOLIDATION 

OF INDIANS ON OR NEAR RIVERS WAS ACHIEVED TO INDUCE REMOVAL 

AND MAKE REMOVAL VIA STEAMBOAT EFFICIENT. AGAIN IT IS LIKELY 

WERE WERE NEVER FULLY COMPENSATED FOR THESE LANDS EXCEPT FOR 

THE 360 ACRES AT GRISWOLD THAT THE STATE OF MICHIGAN EVENTUALLY 

TOOK FROM US VIA ILLEGAL COURT ACTION. 

TB.BATY WITJI TD l'OT.lW.lTOKI, 181'7. 

A t.-.aty b.t•ceen tlu Unieed Sl4ta tJntl 'lA. Pul4totil4mu Tn'TH of ..,.,o-.. ""'"'" :::"'-''""""-·- lndilm6. :.=:U...~. r••· 

lN order to consolid"te some of the diaperised banda of.the Potawats- ,., '"'· mie 'I'ribe in the Territory of Michigan at a· point · removed from the road leading from Detroit to Chicago, and u far u practicable from 

the settlements of the Whil.ell, it is agreed that the following t1-act.. of .. ~~:;;• ot 1••• •r land, heretofore ,...,.erved for the Wle of the said 'friOe, •hkll be, and ' " '"'· tb .. v aro herehy, <·cdcd t.o the United Steteo~. 

two sections of land on the rh•er Roup at Segineaim'a village. 

Two·section• of land At Tongui•b's village near the river Rouge. 

Tbat part of the reser.·ation at Macon on the rinr Rai.in, which yet 

belong" to the Ha.id tribe, containing six sectionR, excepting theref1·om one half of a 8cction wbc1·e the Potawa~.tanlie Chief Moran re~ides, 

which "hnll he reserved for his usc. One tract ot ~lang ach qun ,·iJiage, on the river Peble, of aix · milo• square. 

One tract at ~Ji ke.'ilL"'-'bc, of six miles square. One tract at the villtt.ge ol Prairie Rood~, C?! t~~ce mJI . sq_uare. One trnct At the village ol .\latch "be nMii she wi•h, at the hen(! of 

the Kekalamnzoo ri,·cJ". of three miles sqU&re;··Wbii:b traCts Contain in· 

the whole ninety nine section• and one half section of lond. And in con•id•mtion of the preceding r.e .. ion, there •hall i>e 

reserved for the usc of tho Sllid tribe, to be held upon the snme terms on which Inclinn reserntions are usunlly held, the following trActs of 

land. 

Sections numbered five, six, se,•en and eight, in the Ji:t.h township. south of the base line, and in the ninth range west of the prindpal 

meridian in tbe Tel'ritory of Michigan. 

The whole of the fifth t.own•hip, south, in the tenth .range, west, not alrendy included in the Nottawa Sape rcservalion. 
284 

201 

TKEATY WITH THII: CREEKR, 1827. 

Section::~ numbered one, two, eleven, tweh•c, thirteen, fourteen 

twenty -three, twenty-four, twenty-five , twenty-six, thirty-five, llnd 

thirty-six, in the fifth township, sout.b, and eleventh range, west. The whole of the fourth township, south, in the ninth range, west. Section• numbered eight, seventeen, eighteen, nineteen, twenty, 

twenty-nine, thirty, thirty-one and thirty-two, in the fourt.b township. 

south, and ninth range, west. Sections numbered one, two, eleven, tweh·e, thirte~o, fourteen 

twenty-three, twenty-four, twenty-five, twenty-six, thit1y-five and 

thirty-six, in the fourth township, south, and eleventh range, west. Which tmcts of land will form a. continuous reservation, and con- tain ninety-nine section• . .J::-:i:Y.blndln<when After this trcatv shall be ratitied by the Prr.sident and Senate, the ,;ame ~hall be ohllgatory on the United State• 11nd t.be said tribe of 

IndillM. 

In IP.!!timony whereof, Lewis Cass, commissioner on the part of the 

United State•. and the chiefs 11nd warrior• of the •aid tribe, have 

he•·eunto Het thei1· bands llt St .. Joseph, in tho tcnitorv of Michigan, 

this nineteenth day of September, A. D. one tbousnnd' oight hundred 

and twenty-seven. 

UwiRCaa, 

Mix•a·bee, hi1 x mark, 

Shee-ko-maig, or manh fiah, ht. x mark, 

Pee-nai-•hei.ah, or little bird, hie x mark, Kne--creuck~wah, hil x ma.rk, 

Mai•ko-Me, hia x mark, A-bee-ta~ue-<ic, or hall day, hia x mark, 

Ko-jai-v.·1.1nce, hi1 x mark, 

8&-kee-m&UI, hi1 X ma.rk, Mitt.h ... pe-nain·the-wilb, or bacJ bird, hia x muk, 

In presence of-

,John L. Leih1 R. A. Forsytb, 

Benj. B. Kercbev&l, 

Isaac McCoy, 

U. W. Silliman, 

Jamea J. Godfroy, 

Joseph Bertrand, 

T. T. Smith. 

Ma-taai-ba.t-to, hie x mark, 

Ne-kee-quin-niah .. Jca1 hla x mark, W a..kal4ht·m&ua, hw x mark, PeerWh M.on.11, hia.z mark, 

)( .... he-pe-ebe-w .. noat hio X mark, , ~tQCk-quen, hi1 :E marK, 

Qoe-quu, hil x mark, 

Wai....,i-p.n, hie x mark, 

0-k-)'au, hi• x mark, H~waia, hia x mark. 
202 

IN THIS TREATY OUR CHIEF SAGINAW, HERE CALLED "SOU-KA-MOCK", 

TOOK PART BECAUSE HE WAS ORIGINALLY FROM MILWAUKEE AND CAME 

TO SOUTHWEST MICHIGAN AS A WARRIOR IN THE 1780'S. HE BECAME 

PROMINANT, AND AS A POTTAWATOMI, HW WAS SEATED AT THE COUNCILS 

WITH THE ST. JOE POTTAWATOMI IN THE 1795 TREATY. HE WAS PART 

OTTAWA AND WAS SEATED WITH THE OTTAWA INTHE 1807 TREATY AND 

MORE LIKELY BECAUSE HE HAD SETTLED IN THE PRAIRIE RONDE REGION 

SOUTH OF KALAMAZOO, MICHIGAN. IN THE WAR OF 1812 PRAIRIE RONDE 

WAS AN IMPORTANT HIDEAWAY WHERE AS MANY AS 600 INDIANS RESIDED 

AND BROUGHT THEIR WEAPONS TO BE REPAIRED BY THEIR BRITISH FRIENDS 

WHO HAD A FORGE THERE. OUR CHIEF WAS WITH TECUMSEH THE DAY 

HE DIED AND TECUMSEH"S SILVER PIPE WAS SEEN BY A NEWS PAPER 

MAN (darius Cook) WHO LATER WROTE ABOUT OUR CHIEF AND THE 

GRISWOLD SETTLEMENT AFTER HIS VISIT IN THE YEAR 1839. 

TREATY WITH THE CHIPPBW A, liTC., 1829. 

Art.ida of a tr~ty matk and cx>nc~ at .Pro.i.-ie d"' Clu'm1 in the Ter· July"'· '""'· 

ritqry of ltlu:lw;an, hettDMI th. u .. u,a Stata o,l Ameru:a, O!f their 7 ..... . "'· 

Cmnmi.olfi<mer•, General John HeN•~£~ ~l Pim-r• Hmar4, a .. d 2, \i:'.lamallon. Jan. 

Caleb .At10ater, Z.q. and tho Unitd .trati<>M of Chi~ Otta.Da, 

and Potatoatami• Indw rt~, qf tit• ~~ of tho Illlitout, X.Zwaul:u. and ..ManitooucJ.: Ri1Jer•. 

ARTICLE I. 

THE ~foreaaid nations of Chippewa, Ottaw&, and Potawatamie lndi- c.rt&Jn , ........ .. ans, do hereby cede to the United ::lt&tee aforesaid, &II tbe lands '"""''" ... , ... comprehended within the following limit., to wit: Beiinning at the 

Winnebago Village, on Roek river, fort;y mile& from .tt. mouth, and 

running thence down tbe Rock river, to aline which run• due west from 

the m~t •outhern bend of Lake Michigan to tbe Mlaiuippi river, and 

with that line to the MisaiaoipP.i river oppo1ite to Rock .t.landi thence, 

up that river, to the United ::!tate•' reserv•tlon at the moutn of the « )ui:tl'Oneio; thence, with tbeaouth and eutJinea of said r~scrt•atioo, to the Ouiscon•in river; thence, southerly, peseing the heada of the small streams emptying into the Missiasippi, to the Roek River aforesaid at the Winnebago Village, the place of hel{inning. And, alao, one other tract of land, described as follows, to w1t: Beginning on tbe Western 

Sbore of Lake Michignn, at !be nortbeastcornerof !lie field of Antoine 

Ouitmette, who lh·c!-1 near Gro3s Pointe, about twelve miles north 0f 

Chicago; thence, runn ing due we&:t, to the Ror.k River, ·Rforesuirl; 
298 

Coutd.,..Uoatherelor. 

Cert&I'D laod• re-

-· 

203 

TREATY WITH THE CHIJ'VEWA , ETC. , 1829. 

thence, down the said l"i ver, t.o where a line drawn . due west from the most southern bend of Lake Michigan .cro>!Ses snid l"i\'er; thence, east, 

along said line, to the Fox River of the Illinois; thence, alon~ . the no rthwestern boundary line of the cession of HH6, to Lake Mich1gan; thenr<~, northwardly, along the Western Shore of said Lake, to the 

place of beginning. ARTICLE 11. 

lo consideration of the afot e~~&id ce .'•aions of land, the United States 

llforeaaid agree to pay to the aforetoaid nationd of T ndian' the sum of 

sixteen thouaand dollan, annually, forever, in specie:· said eum to be 

pAid at Chicago. And the said United State• further Agree to cauda to be delivered to eaid nations of Indiana, in the montli of October 

next, twelve thousand dollarv worth of goods as a present. And it ia 

further agreed, to deliver to aid Indiana, at Chicago, fifty bo&rrel• of 

aslt, annuallY, forever; and further, the United StAtes agree to muke 

permanent., lor the nee of the eaid Indiana, the blacksmith'• eatabliah- ment at Chicago. 

ARTICLE ITI. 

From the ooaaiona aforesaid, there ~ball be reserved, for the uae of t~e onderna1ped (,'hiefa and their bands, tbe following tn~ete of land, vtz: 

For Wau ~th'lu, five 116Ctions of land at the Grand Bois, on Fox 

River of the Illinoi¥, where 8haytd1 Village now etanda. 

For 8W-<:h-nay1 two aectiona at his village near the Paw-paw 

Grove. For Aun1-.t:nte, four sections at the villAge of SatJJ-'ITUJh·•wug, on the Fox River of tbe lllinoia. 

ARTICLE IV . 

.,.":~"'.,~...':.~.': There shall be granted by the United States, to each of the follow- :;:ad&Dr.t~mt>•••· ing person!! {being descendants from Indians,) the following tracts of ... land, viz: To. Clauife Laframboise, one set•tion of laud on the Riviere aux Pleino, adjoining the line of the purchase of 1816. To Frao\'oia Bourf>onn~, Jr. one aeetion at tbe Missionary establishment, on the Fox River of the llliuoia. To Alenoder Robinson, for 

himself and children, two aectiooa on the Riviere aux Pleina, above and adjoinin~e the tract herein granted to Claud" L&framboiae. To Pierre 

Leclerc, one aeetion at the Yillage of the As-sim-in-eh· Kon, or Paw- paw Grnve. To WaU.h.kee-Shaw, a Potawatamie woman, wife of 

David Laughton, and to her child, one and a h~lf ~ectiona at the old 

village of Nay-ou-Say. at or ne.ar the source of tho Riviere aux Sables 

of the Illinois. To Billy Caldwell, two and a half sectiora oo the Cbi- C&JCO River, abon and adjoininl!' the line of tbo purehue of 1816. To 

Ywtoire Pothier, one half .aectlon on the Chicago River, above and 

adjoining the tract of h•nd herein granted to Billy Caldwell. To Jane 

Miranda, one quarter eec~ioo on the Chicago Ri ver, above and adjoining the tract herein granted tc;> Victoire Pothier. To Madeline, a Potawatamie woman, wife of J oaeph Ogee, one ·section west of and 

adjoining the tract herein granted to Pierre Leclerc, at the Paw-paw 

Grove. To A.rt'bange Ouilmette, a Potawatamie woman, wife of 

Antoine Ouilmette, two sections, for herself 1<nd her children, on Lake 

Michigan, south of and adjoining the northern boundary of the cauion 

herein made by the Indiana t.foreaid .to the Unit.ed Statal. To 

Aotoiru• 'nd Fran90ia Leclerc, one !IIICtion each, Iring on the Miasiasippi Rtnr, north of and adjoining the line drawn due weet from the most southern bend of Lake · Michigan, where said line atriltee the 

Mississippi River. To Mo-ab-way, one quarter section on the north 

side of and adjoining the tract herein granted to Waiah-Kee-Sbaw. 
204 

TREATY WITH TBF. CBil'PF.WA, ETC., 1829. 

The tracts of land here\n stipulated to be ~rantod, •hall never be 

leased or conveyed by the ~rantces, or the1r heir•, to any per•ons whatever, without the permission of tbe President of the United 

States. ARTICLE V. 

29!1 

The United States, at the reque$t ?f the Indians aforesaid, furth~r ct~ !ed~~~:~tt;~l: 

agree to pay to the persona named In the schedule annexed to thiR •••· trellty, the sum of eleven thousand six hundred and one dollano; which sum 1s in fullso.tisfaction of the claims brought by said penon~ against ~aid Indians, and by them acknowledged to be justly due. 

ARTICLE VI. 

And it is further agreed, that the United [Statealahall, at thei~; own OntledS~&...,., ..... 

expense, cause to be aurveyed, the northern bound"ar.r line of the eea- ~~"1 11"' 

01 

sion herein made, from Lake Michigan to the Rc?ck: River, 101 soon as practicable after the ratification of this treaty and shall al.ao cause good and sufficient marks and mounds to be eetabiiahed on said line. 

ARTIOLB VIL 

The right to hunt on the Janda herein ceded, 10 IODJt aa the eame ~ "' hDnt ~eshall remain tbe property of the United States, Ia hereby eecured to 

the nations who are parties to this treaty. 

AllTICLE VIII. 

This treaty shall take effect and be obligatory on tbe contracting .J•.••'J.~'·•••r 

psrties, as soon as the same shall be ratified by the Preeident of the • " · United States, by and with the adviee and consent of the Senate therN>f. In te..timony whereof, the ~~&id John NcNiel Pierre Menard, and 

Caleb Atwater, commi811ionel"8 as aforesaid, and the chiefs and warrior• 

of the said Chippewa, Ottawa, and Potawatamie nations, have he re · unto set their hl\nds Rnd s~.nls, at Prairie du Chein, as aforeSRid, tl i, 

twenty-ninth day of July, in the year of our Lord one thowumd ~ig-ht 

hundred and twenty-nine. 

John McNiel, PierTe Menard, [:: q Caleb Atwater, L. L 

Commi•ionen. Sin-eh-pay-nim, his x mark, .... Kawb-suk·we, hia x mark, L. •• 

Wao-pon~h-@ee, hia x mark. ... •. Naw-geh-,.y, hia x mark, L. L 

Sh.aw-a-nay-eee, hll ~ mnk, L.L 

Naw-geh ~nuk , hi• x mart, L.L 

Meek--.y·m&u'k:, hi" x mark, L. L 

Kaw-gaw-py .. h<."t', hie x ruark, ..... Maw--geh-eet, hi. x n\ark, L 0. 

~==n~k::.ohe~ x,;:::."· ..... 

.... Shuk--eh-nay-buk:, hla 11: mark, ..... Sho--men, h.ll x mark, L.L 

Nay·a·muth, hi• x n1ark, .... Pat-eh-to-zuk, hill x mart, L. tt. .I 

Muh·kak-euk, hi1 x mark, .... ) 

In pre•ence ofCharlee Htmp~ttsd, ~eeretary to the eom- mi•iolt, 

Alf'x. \Volrott, Indian agent, Joo. M. Street, Indian •l!"nt, Thomu Fon~yth , Indian agent, 

Pooh·kin-.h-naw, ht. x mark, ..... Waw·kay-zo, hia x mark, ..... Soa-b-~noek •. hit ~ mark, ..... ~:::.~;:li:~ !::rk,mark, L. ·a: L. I. 

Shah-way-ne-b;-nay, bill x mark, ... .. K ... -k:ee, hi1 x mark, "· •. To--rum, bia x marlr:1 ..... Nah-yab·to-ehuk, hta x mark, ..... M-.:h-kee-wil, hlo x mark, ..... .Ee-kaw-bey-wia, ht. x marlr:, L.L 

Wau-par·kay, hie x mark, ... .. Mlchel, hil x mark, ..... Nee-lr:oa.pm, h .. a mark, .. .. ~-r.=.~t!:;~~l; hers mark, .. .. .. .. .Kar·wau, hers Jn&l'k, .... Waa-bw-oa .. y, hers mart, L.L 

Shem·uw, her~ mark. L.L 

Z. Tarlord:.leutenant.COionel U. 8. Army, John H. Ainaie, oubagent Indlon allaira, R. B. ~laoon, .,.pto.in, Fint. Infantry, John Garland, major, U. B. Army, 

H. Dod!!". 
205 

HERE WE ARE ASSIGNED LAND FOR THE LAND WE CEDED IN 1827. 

OUR CHIEF SAGINAW, THEY SPELL AS SAGANA , WAS A PARTY TO THIS 

TREATY. 

THE CHIEF OF THE PERE MARQUETTE CH IPPEWA WAS ALSO NAMED 

SAGENAW AND ALSO WAS KNOWN AS SAGAMAW. HE DID NOT RECEIVE LAND 

IN THIS TREATY. BOTH OF THESE PERSONS APPEAR ON THIS TREATY. 

IN 1839 BOTH THESE CHIEFS ARE PART OF GRAND RIVER AND SIGN ON 

SAME PAGE WITH SIMILAR SPELLINGS. OUR CHIEF SAGINAW WAS A GREAT 

WARRIOR BUT COULD NOT READ OR WRITE OR SPEAK ENGLI.SH. THE OTHER 

SAGAMAW WAS AN ENGLISH SPEAKER AND LATER BECAME LINKED WITH 

NORTHERN OTTAWA. OUR SAGINAW DIED AND WAS BURIED SOUTH OF THE 

GRAND RIVER. 

NOTE: MATCHIPENASHIWISH DID NOT SIGN NOR RECEIVE LAND 

FOR THAT WHICH HE CEDED AT KALAMAZOO IN 1827. NEVER COMPENSATED 

BUT PLACED AT GRISWOLD WITH OTHER OLD CHIEFS AND HE IS OUR 

ANCESTOR. PENASEE ALSO SIGNS. 

:l'l'UII<·J: ·Allen 

Tli.EATY WITH TXB POTAWATOKI, 1832. 

OcL r., ,,.,, .A.rli.clu of a Tr«JJy, ,nad,. and eo1telud«l on tluJ T<ppoccnoo R it'<r, i·" ,. .... m . tA• 8t4U of lndiaM, em tA• t"'"'"'l-"""""tA day of Octo&r, i" t/.., :ll~~tJon, J•n. yt!lllr (Jf o''T LJ,-d elghtun lwndr~d a.ud thirt!J·l100, between Jonatlu:Ju 

JM&ntugJt, ./oldt W: Davi1 m1d .M'arA·11 Orum~. -Cbm.miuinnerw Cl~ tlu• part o./ tlu lTnitd St4Uo, and tiU~ OM .. .f• 'and ll"arrio••• 11./ tAo Put.o- ' natnu,i..,, of tAo Stnt. of Indiana and }r[i..:hi(ltm Tor~·itor!l · 

"""•" or '""• •• Al!ncu: I. The Chiefs and W arriol'>l aforesaid cede to tbe U nit.ed ""''"' ...... States, their title and int.erc•t to Ianda in tbe States of Indiana and Illi- nois, and io thB Territory of Michigan, sout.h of Grnnd rh·er. AUTICJ.}: II. From the cession afores.nid, the fol1owing rc~ervations 

arc made, (to wit:) The rese1~·a~ion Rt ca-g1\~1 :-i \'ill a.ge for bi~ band, and a reservation for 8uch of the otowatomi ~ IL" nre resident at the 

village of Notta-we-sipa, agreeably to the treaties of the nineteenth of 

Sept.embP.l', eighteen hundred &nd tweoty-sev~n. and twentieth of 

Sept.eml>el', 1828. For the band of Kin·Kash, four ••etions: For 0-cn-l·.hee. one Rection: 

For the b•nd Mes-qun-buck, four sections, to indnde !1i' village: For the bRnd of Che-kasc. four ~cction$, to include bi!j ,-iJlagP.: For tbe l>and of Che-Chaw-ko•e. ten sections, to include his village: For the Potowatomies, two section~, tO include their millt' on Tip- pecanoe ri\'er. For tho bnnd of To-i-M.S brother :Mt!·mot-wtt.v, unci Chc-qualm-ka-ko, t.en scction :s to inclurle their village: For the bA.nd of .MA.-MC, four ~ection s: 

For tbo bnnd of A!ih-kum and \V ee-si-o-nn.t~, ~ixteen !-tection:-:. to include tbeir village: For the band of"' ee-BRu, five sections of land, including one aection, 

granted to him by the Treaty of eighteen hundred and twenty-eight, 

and to include hi• present residence: Fot· the bands of Mo-t& and Men-o-quet. four sections, each, to inc lude their ,·illages: 

For Be-si-ah, four '"ction•. 
206 

TRF.ATY WITH THE POTAWATOlll, 1832. 

A RTICLF. lll. Thr enited Htate8 agree to grant to each of the fol· 

lowing penwns, the quantitv of land annexed to their names, which 

landd shall be com· eyed to them by patent: For 1\fon-i-taw-quab, dnughter of Hwa-gaw, one ~~ection, to include 

Wi-me-gos village: 

For Wee-•aw. three sectionij: 

For Po-quia, the sistet· of ,Jo.e, one section: 

For B~n llc:<, eight sl'Ctions: 

For U r;oulc Du•quin-dre, one section: 

For Ge·neir, one •ection: 

To To-pcn-ne-brc, prindpal chief, oM section: 

To Poch·a-gan, sc~ond Chief, one •ection: 

To Pet-<·hi-co, two sel"lions: 

To t;&u-gana, one section: 

To Louis Barne.tt, one section: 

To Mam-qua , daughter of Hau-ga-na. one section: 

To Mish-a-wa, adopted daughter of Pit-e-chew, one section: To Kesis-Sbadana, one section: 

To Louis Cbadana, one half section: 

To Charles Cbadana, one half section: 

To John B. Cbadana, one section: 

To Pier Navarre'• wife, one section: 

To John B. Ducharm, on~ section: 

To Mie-.aw-be.,, one quarter section: To Baptiste L. Clare, one h..If section: 

To Mary Lacombe's children, one h11lf aootion: 

To Joseph Bertrand's, jr. children, one half section jointly: 

To Francia Page, jr. one half section: 

To Alexander Rollane, a half blood, one half eection: · To Ha-re-mo-aau, (alia.a) Panish, one Heetion and one half section, on the McCou, on the river R-ison, in the Michigao Territorr, which was 1-eserved to his UBe at St .• Joeeph'a treaty, of eighteen hundred and 

twenty-eight: 

To Mary Nedeau, one 9uarter section: 

To Saw-greta, son of P1er Moran, one half aeetion: 

To Isadore Mo-mence and Wa-be-ga, sona of Pier Morana, one quarter aectiou each: 

To Poch-a-gan'a wife, one section: 

To Pet-qua and Kee-see, sons of Ma-lo:ee-aa-be, one half section: 

To Pe-nem-chia, one half section: 

To Nen-a-tau-oaut, one half aectioo: 

To Francis de Jean, one section: 

To Mary .Ann Ben-ack, wife of Edward McCartney, three sections 

of land, to be located on the south aide of the Turkey creek prairie: 

For Francis Besion, one half section: 

For MillS-no-qui, a chieftesa, four sections: 

For Lutber Rice one quarter section: 

For Med-lin Auchann, one quarter section: For Sheaupo Truckey, one section: For .Tu-be Actroi•, one section : For A~h-kum , two sections: 

For Pee-pecs-kah one ~rction: 

For Po-ka· kau•e. one half section: 

For Nas-wau-kce·, one sertion: 

For Man-me-nas.•, one hl\lf section : For Paul Longlois, one hnlf section: 

For Peter Longlois, junr., one half section: 

For Shaw-bo-wah-tuck, one quarter section: 

For Betaev Rousau, one quarter section: 

For ,John 'Davis, one half section: 

For Nancy Cicott, one quarter section: 

873 
207 

374 TREATY WITH THE POTAWATOKI, 1832. 

For Amelia. Cicott, one quarter section: For La.zette Allen, one quarter section : For Polly Griffith, daughter of :-le-bosh, two •ections: For Chop-y-tuck, or .fohn Payne, one section: 

For .Toe Borisa.u, one quarter H~d ion : 

For Qull:lh-mau, one quarter section: For MIL•·co, one qua.rter section : For Mis-sink-qu·quah, •ix se<·tions: For Aub-e-na.ub-bee, ten sections: For Nee -kaw Dizza.rdee, one quart er section : For Mog-sec, one half section: To Ka.ubee, one half ~~ection: 

To old Ann Ma.c-i-to, one half section : To old Wee-sa.w, .one half section: To Pe-te-no-on, one half section: 

To Tou-se-qua., the wife of Joe Ba.ily one section: 

To Au-ta.w-co-num, da.ughter of the Cra.ne, one section: 

To Sen niss-quah and her daughter Na.ncy, two sections: 

To .James Burnett, one section: 

To To-gab, a Potawa.tomie woman, one quarter section: 

To Mary Ann Bruner, one quarter section. The foregoing reservations shall be selected, under tho direction of 

the President of the United States, after the la.nds shall have been sur- veyed, and the boundaries to correspond with the public snrvey~ . .u,:,utu .. ••d por· ARTICLE IV. In consideration of the aforesaid cedllion, the United 

.... States will pay fifteen thousand dollars annually for twelve years; 

Thirty-two thousand dollars, in goods, will be paid u soon after the 

signing of these articles, as tbey can be procured, and ten thousand 

dollllt'S, in goods, will be paid next spring, at Notta.-wa-si-pa, and to be 

paid to that band, and pal their just debt.~ , agreeably to • echedule 

hereunto annexed, amounttng to twenty thou:;and seven hundred and 

twenty-one dollars. ,.,.., .... .._., The section of l&nd granted by the treaty of St. Joseph to To-pe- ..,. unuoc~B<a.... nau-koung, wife of Peter Langlois, shall be purr.ha.sed b;y the United 

States, if the same-e&n be done fot tbe sum of eight hundred dollars. 

The United State& agree to appropriate, for the purpoae of educat.. 

ing Indian youths, the annual aum of two thollll8.na dollars, aa long aa the Congress of tbe United States may think proper, to be expended as the President may direct . .u"'::..'!c:t. ..... •• T~is treaty ~hall take etfect and be ohligato:y on the contr~ting 

parties, a.s soon as the same s~all have ~n ratified, by the Preatdent 

of the United States, by and wtth the advtce and consent of the Senate. 

In testimony whereof, the said Jonathan Jennings, John W. Davie1 and Marks Crume, oommiSI!iooers as aforesaid, and the chiefs, head men, and warriors of the Potowatomiea, have hereunto set their bands at Tippecanoe, on the twenty-seventh day of Oetober, in the year eight- een hundred and thirty-two. 

Jonathan J enniogo, J. W. Davio, 

~:J:~~h~~ ~=:k, Sa-p~nah, hia x mark, Pe~he..co , hia x m&rk, 

We-il!l-aaw, hie x mark, Che-8haw~n, hie x mark, 

Ghe-b&use, hia x mark, Q..eaw-o·wah~ne-&b, bia .x mark, M&b-gah-guk, hill :o: mark, Sa-gue-na-oab, hie x mark, Louison Burne"' hie x mark, Sbaw-wah-nuk-wuk., hia x mark, 

Mix-•u-bab, hie x mark, N~wah-ko-to, hie x mark, 

Cbe-b&h, hit x mark, Wah-<01e, bU x mark, SbiJHPhe-wa-no, hie x mark, Kaw-kaw-bee, his x mart, 0-ge mah~w-eo, hill x mark, 

Muh-kee,. hi8 x mark, 

S.w-ge-maw, hie x mark, 

Nab-che-k&-shie, hie x mark, 

Mio-k""!aa·tah, hill :o: marl<, 

Now-o-le-naw, hie x mark, 

Toct-e--now, hia x mark. 

Marks Crume. Me>nie, hia x mark, 

0-go-maw-be-tA.Ik, his x mark, Kaw-kaw-ke-o1oke, his x mark, Ke-ewah-b.,, v, hiP x mark, 
208 

TREATY WITH THE POTA W ATOKl, 183Z. 

\Vin·teeee. bia x mark . To- posh, hit! x mark, Ka.,.·k·moc·a·!lin, his x mark , 

maw..cah , hi21 x mark , 

·m~ck, hie x mark, 

0 -2uon-cote, hie x mark, Quia·sin, his x mark, 

Chou-a-ma-6ee, his x mark, Pat-e-ca--eha, hia x mark, 

Pe·nah-eeh, hia x mark, 

)tix..e-nee, hia x mark, 

Witne8s: 

¥h. HJ~~ r'oS:::,ta{f~ited -«ent, Manus Willet, J. Slewart, subagent, J. Bt. Cbandonoaia, J. E. Aunl, Peter Godlroy, 

Statel Indian 

Pe-na-ehee, hia x mark, 

So--wah~uen , hia :z. mark, 

liib-e-nuh-wiah, hie x mark, Louison, hie x mark, 

ChHhaw.coee, hie x mark, 

Bee-uw-yo, hia x mark, 

0-!hah-yaw 1 hie x mark, 

Ash-kam, hll!l x mark, 

0-ketch-<:hee, hia x mark, 

Weh-zee-oneee, hia x mark, 

Aul>-bee-ooul>-bee, hio" mark. 

G . A. Evert., Robert Simerwell, L. M. Taylor, Francie Comparret, E. N. Cicott, oint. J. B. Baare, oint. H. La-Ue, 

Henry Oooem. 

875 

After the signing of this treaty 1 and at tbe request of the Indians, Bo,... dell~md. 

two thousand seven hundred dollars were applied to the purchasing of 

horse.•, which were purchased and delivered to the Indians under our dired ion, leaving the sum to be paid in merchandiae, at this time, twenty-nine thousand three hundred dollars. 

Jonathan Jenning11, 

J . W. Davis, 

Marks Crume, Commia.~ioners. 

It is agreed on the part of the United States, tbat the following Clalmolobo,_ld. 

claims shall be allowed, agreeable to the fourth article of the foregoing treatv~ viz: · To' Erasmus Winslow, three hundred dollars, 

Squire Thomp•on, one hundr~d dollars, L. Johnson, three hundred and seventv-five dollars 

Fr,.ncis Comperret, two thousand four hundred and fifty dollars, 

lea Rice, fifteen hundred dollars, 

T. P. and J . J. Godfroy, two hundred and fifty dollars, 

Joseph Smith, twenty- i" dollars, James Aveline, ninety-eight dollars, 

Edward Smith, forty-seven dollars, 

Gustavus A. Everts, two hundred dollars 

Alexid Coquillard, five tbousand one hundred dollars, 

Lathrop M. Taylor, two thousand two hundred and eighty dollars, 

Peter 1<nd J . J . Godfrey~ three thollllllnd five hundred dollars, 

R. A. Forsyth, eighteen Dundred dollars, 

Louis Dupui•, fortv dollars, 

Timothy S. Smith," three hundred and ninety dollars, 

WilliKm Huff, one hundred dollars, Thonu"' Jones, two hundred and seventy·fi'l'e dollars 

Michael Cadieux, four hundred and ninety dollars, 

Arthur Patterson, nine hundred dollars, 

Samuel McGeorge, three hundred and fifty dollars, 

D. H. Colerick, one hundred and fifty dollars, .James Conner, one tbo\L.o;and dollars. .J onatban Jenning11, J. W. Davis, 

Marks Crume, Commissioners. 
209 

THE 1833 TREATY 

THIS WAS THE LAST TREATY OUR CHIEF SIGNED. HE PROBABLY 

SIGNED RELUCTANTLY. HE WAS ALREADY IN HIS LATE 70'S BUT IN 

GOOD HEALTH. 

TIME HAS OBSCURED WHETHER OUR CHIEF SIGNED THE 1833 TREATY 

ON THE FIRST DAY OR THE SECOND DAY. IF HE SIGNED THE FIRST 

DAY IT WOULD HAVE BEEN OUT OF CHARACTER FOR HIM TO ALLOW HIMSELF 

TO BE SEEN AS A TRAITOR. HE PROBABLY SIGNED THE SECOND DAY 

AND IS THE SAUK-E-MAU ON PAGE 411. THE SAU-KE-NOEK ON PAGE 

403 HAS SIGNED ALONG WITH THE SON OF WAUKAZOO, (joseph) AN 

OTTAWA, AND MOST LIKELY IS THE PERSON WHO SIGNED THE FIRST DAY. 

AT ANY RATE THIS TREATY WAS THE MOTHER OF ALL TREATIES. 

WE LOST IT ALL RIGHT HERE. OUR CHIEF, HAVING RIGHTS FROM THE 

1795 TREATY SET HIS SIGHTS ON OPEN LAND BELOW THE GRAND RIVER 

IN ALLEGAN COUNTY IN THE GUN LAKE REGION WHERE PENASEE ALREADY 

WAS RESIDING WITH THE CHIPPEWA THERE. SAGINAW MOVED NORTH AND 

DECIDED NOT TO REMOVE WEST AS DOES PENASEE WHO GAVE A LENGTHY 

ORATION ON THE SUBJECT IN OCTOBER, 1838. IT WAS IN LATE 1838 

WHEN THE STEAMBOATS LOADED WITH FLESH MOVED MANY OF THE SOUTHWEST 

MICHIGAN POTTAWATOMI OUT WEST. OUR CHIEFS OF GRISWOLD WERE 

NOT AMONG THEM. 

AGAIN, MATCHIPENASHIWISH "BAD BIRD" DID NOT SIGN THIS 

TREATY. HE NEVER SOLD HIS RIGHTS TO THE KALAMAZOO THREE MILE 

SQUARE. 
210 

402 TREATY WITH THE CHIPPEWA, ETC., 1833. 

T:S.EATY WITH THE CKIPPEW A, ETC., 1833. 

Sept. 26, 1S:SS. 

, ...... .,.. Ar#clu of a trrUJty made at CltiC41Jo, ;,. the State '!f !llinou, '"'the 

"""''"m•Uon. r.b. ltt•en.t.v·•iztl• day of Stptemun·, in the y~r ~l (llir Lord nue t/l()u4atul " · 

11136• ,igl.t luwdt·cd ana tltzrty·thrtt b.-lteo..n Gt!fi1'<N JJ. l'urkr, TlwmfJ)t 

.f. V. Olllm. and 117Uiam lJ'eath,;·frml, Com111Uc•irml!1'8 on t!..e part of 

tlce C:nited Stall• n.f the one part, a11d tlce Unit.d ..:Yation 'ff Clcip· 

j>etea; Ott'111XJ and PutaVHJI4mie !todi.anl riftluJ otltn- part,he•fl9 fully 

lier auppl\!z:Dtntary ""lrl" por~t 410. 

repramted by the Clti.Jfr and ll«Jd-men w/uJ~e namr1 are fk.r c•11ntn .... b. crihtd-1Phiclt Treaty ;, in the fnll01cing V1llrd•. to •~it : 

,. ~:t\.:.:.••• t o ~~!~~i~·~·nd~~=. :1e ~n~~edU~~~~dn &~ hi!rth~i,.q~~'~n~l~~~ · 

the 10estern •hore of lAke Michigan, and between thi~ lAke and the 

land ceded to the United States by the Winntl>ago nation,Rt the treaty 

of Fort Armstrong made on the 15th September 1832-hounded on the north by the countr,- lately ceded by the Menominees1 and oi1 the 

south by the country ceded at the treaty of Pl'llirie du Ch1en n1ade on the 29th July 1829-auppoaed to contain about five milliona of acree. L&udo ..... or the ARTICLJ: 2d-ln part conMidel'lltion of the o.hove cession it Is bereb,- :f.~"'::f.".:......,P""'" agreed, that the United States shall grant to the said United Nation of 

Indiana to be held as other IndiAn lands are held which have lattly 

been &aligned to emigl'llting Indians, 11 tract of country we•t of the 

MiSBi88ippi river, to he uaigoed to them by the Pre~ident of. the United 

State&-to be not leas in quantity thau five milliooa of acres, and to be 

IOOlted .. follows: begioniog at the mouth of Boyer's river on the eia.st 

eide of the Misaouri rtver, thencie down the said river to the mouth. of 

Naudoway river, tlience due east tp the west line of the State of Mia· 

souri, thence along the aaid State line to the northwest corner of the 

State, thence east along the ~!Aid State line to the point where it is 

intenected by the western boundary line of tbe sa~ and Foxthence north along the aaid line of the Sacs and Foxes, so fRr 111 that 

when a straight line shall be run therefrom to tbe mouth .of Boyer's river (the place of · beginning) it ilhall include five millions of acres. And u it is the wish of the Government of the United. States that the 

aaiu nation of Indians ahould remove to tbe country thus assigned to them u soon u conveniently c:ao be done· and it is deemed adviaable on the part of their Chlefa and Headmen thatadc:putation ahould visit 

tbo said country west of the Mississippi and tbus be ~ssured tbat full 

justice has been done, it is hereby ¥tipulated that tbe United States 

w!ll defl'lly the expenses of such deputation, to coo•ist of not more thnn fifty persons, to be accompanied by not more than fi\'e individ· uals to be nomi'nated by themselves, and tho whole to hounder the 

general direction of such of!k"t!r of the United States Government·u has been or shall be designated for the purpost.-And it iH further 

agro.ed that a. fast as the said Indians shall be prepared to emigra.t.t- they shall be removed at thl> expense of the l"nited States, and shall 

receive subsistence while · upon the journey, and for one year after 

their arrival at their new homes.-lt being understood, that the ll&id 

indians are to remove from all that part of the lnnd no'v ceded, which 

is "ithin the State of Illinoi$1 immediately on the ratifi<'lltion ·of this treaty, but to be permitted to retain possession of the country north of the boundary line of the said State. for the te rm of three years, 

without molestation or interruption nnd under the protection of the 

law~ of the United States. ><o••ro to be .,... ARTICLE 3d-Arid in further consideration of the above ceSIJion, it •• Unttod ... ,... is agreed, that there shall be paid by the United State~ the sums of 

money hereinafter mentioned: to wit. . One hundred thousand dollars.to satisfy sundry individuals, in behalf 

of whom reservations were ...... ked, which tbe Commissioners refused to grant: and also to indemnify the Chippewa tribe who are pArties to 
211 

TREATY WITH THF. CHIPPEWA, l:TC., 18.13. 

thi~ treat\' for certain hoods along the shore of Lake Michigan, to wbkh 

tbcy make clain!, which bai'B bee':' ced~d lo the l' n.ited Stat~ hy tht· Menominee lndlan•- thB manner m 1Vh1ch the samr.,. to hB p1ucl •• sN 

forth in Sch~dule "A" hereunto nnnexed. One hundred nnd fifty 1housnn<l rlollnrs to sntis(v th<l clnim• made 

ab'llin•t the .,.id l~niteci Nation whit•. h thev ha1·e here ndmitted to bo 

justly due, and directed to he pairl, Ac.t·ording to Schedule "B" here- unto annexed. One hundred thousand dollnr• to be paid in goods 1<nd provi~ions, u p~rt to he delivBred on the signing Gf this treaty nnd the residue clur· 

1ng_ the ensuing vew.r. · 

Two hundred imd Bighty thou.;and dollars to be p~<id in annuities of 

fourteen thous.~ncl dollnr• a year, for twenty years. 

One hundred and fifty thou~~and dollars to be Applied to the erection 

of mill•, farm hou•e•, Indian house• a.nd blacksmith •hops, ~o ILg•·icultural imprm·ement.\;, to the purchase of agricultural implements and 

,tock,' and for the support of such physicians, millers, farmers, blacksmiths and other mechanics, as the Pr~ident of tbe United States •hall 

think proper to ILtJ!JOint. 

Seventy thousand dollars fo1· purposes of education and the encour- Fucd tor ••• r,•ragement of the dome~tic ~rts, to lie applied in such manner, AS tbe ~ ot eduw ••· 

President of the United States may direct.-fThe wish of tbe Indians 

being exp•·eased to tbe Co01missionera as follows: Tbe united nation 

of Chippewa, Ottow" and l'otawatamie IndiAns being de~irous to create a perpetual fund for ~he purposes of education and the encourajtement 

of the domestic arts, wish to lnvetit tbe sum of seventy thousand dollars 

in some safe stock, tbe interest of which only ia to be applied as may 

be neceaary for the above purpo&es. They therefore requ81!t the 

President nf the United States, to make such invMtment for tbe nation as be mav think beat. If however, at any time hereafter, the 'eaid 

nation shiLl! have made •ueb advancement in eivili.ation and have 

become 110 enlightened u in the opinion of the Preeident and Senate of 

the United Statea they shall be capable of managing so large a fund 

10ith safety thev may witbd raw the whole or any pRrt of it.) 

Fou1· hund1·"cl dollars a year to be paid to Billy Cald,.•ell, and three .u.cwllos. 

hundred dollars R year, to be paid to Alexander Robinson, for life, in 

addition to the annuities all·eady ,granted them--Two hundred dollars 

a year to he puid to .Joseph Lafromboise·and two hundred dollars R yesr to he paid to Shahrhnny, fo•· life. 

Two thousnnd dollur., to be paid to Wau-pon-eh-see and bis band, Rn<l 11 Pay"'l""d lor 

fifteen humlrcd dollnrs to Awn-kote and bi~ b&nd, as the consideration ""'" •• · 

for nine •cctions of hllld, g•-anted to them by the 3d Artide of the 

T1·cnty of l'miric d11 Chic~ of the 29th of July 1H2ll which are he1·eby 

as.•il!rwd und SIIITcntie•·ed to the United States. 

Att·nct.t! ·Uh.-A ju:"tt pt·opor·tion of tbe annuity money, secured 1\S •h~,;~~l! ;snultlu 

well h_v former trent~<•• ns the present, shu II be P"id we~t of the .Missis- · ~ippi tu sudt portion of the notion 1\S shnll hM·e removed thither <lur- ing the ensuin~ thro.c ye~trs. -After which tim~, th~ whole nmount of 

th" annuities shnll loc pnid at their location wc>t of tbB :>ti-sissi ppi. 

Au1·u·u : 5th.-[::;trrck<!n out.] Thi~ tn•Jtt\· llftcr the Mt\nW ,.hnll have been 111.titied In· the Pt'esidenr. et~. f blndl nr 

nntl Scnut'~ (,f the t "nitcd :itntc~. shnll h~ hinding on ·the eontracting " "'eu Nllftcd . 

!JAI'Iie•. 

In tc•timony whereof, the snid George B. Porter, Thoma>' .1. V. Owt•n, nnd \\'illianr \\'oath~rford , nnd the undersigned chief• aud head 

lll<'n nf the ,.,~id nntion of lnrlinM. hn~•c )tereunto ~et their hAnds nt Chic·Kgo, the Mid day and yeur. 

(j. n . .... nter, 

Th . .1. Y. o~ en, 

WilliMm \\'~(herf•,nl, 

To-r.en"''-~, hi1 x mark:, 

8au-ko·nt>ek:, 

Che-chc--hin-quav, hit" x mark, J~ph, hi• x m:i.rk, Wtth-mix·i·co. hi" x mark, 
404 

212 

TBKATY WITH 1·HE CHIPPEWA, ETC. , 1833. 

Ob-wa~ua-unk, hie :a: n1ark, uw-way~uet , hil: x mark, 

Puk-quec:h-a-min-nee, hie x mark, Nah-r.he-wine, hi• x mark, Ke- wue, hid x mark, Wah-bou-eeh, hie x m&rk, 

Man~-e-eett.. hie x mark, Caw-v.-e-Mut, hia x mark, A be te k~z:hic: , his x mark , 

Pa~t-e-go-ahuc , hie 1: mark, 

E-Lo--·ow-cole, hi11 1: m&rk , Sh im-i!:· nAh, hia x mark, 

hce p" ai~, hi• x mark, ~- nfth gc n, b it X mark, 

ShM. w-waw-naa-see, hia x 1nark, 

ShA.b-eh-nav, hia s: mark, Mac-a-ta-o-ihit.:, hiP x mark , Sqnah-ke--&ic., hie x mark, 

Mah-che-o-t&h-way, bia x .mark, Cba-ke-t.&-ah, hio x mark, 

Me-am-.e, hla z roark, 

Shay-tee, bla :o mark, Kee-new .• hll x matt, 

Ne-bay·DOO«Um, bll x mark, 

~aK=~=~b~to,. x:.:~· Sour-o-lzlp, bio J: nuirk Me-~·way, bio " mark, 

Na-ma-ta-way .. huc; bl.o J: matk, 

8haw--w-nak·W11k, bla ll: mark, 

N ah-dl•wah, hl.o " mark, 

8he>-b0n-aler, hio " IIIUk, :Me-nalt~oe&, blo x mark, 

fli:-!;.k~b~to,. "..::.t· 

Nah-bwail, ~(. " .mark, 

Ia preeeuoe ofWm.Lee D. Ewi11r.-,.to~ 

l!!.·t~Br...b, 

Sen+bau-urn, hiw x mark, 

Puk-•·on, hil x mark, v.·.he·n~av, hie x m•rk, Mon-tou i~th." hi)! x m"ri:, 

N<>--ne-t!, hia x nlar\c: , Mu-quat, hie x IOI'rk , 

Sho-min, hilt x 111ark , Ah -take, hifl x uutrk, He-me·mlh-"'·ah, his x mark , 

Che-pec·co-quah, his x tn"rk, Mi!-(luAh ~no- uah , hi ~ x mark, 

Wah · be· l-:11i, Jo~ )( nutrlc:, 

Ma·cu·lA·kl'··'hi c, hi!4 x IIIJH._, 

Sho-min, (2d. ) his x mark , 

Shc ·mRh ·gah, :-~ x m;trl.: . 

ke m"h wuh· !•: t't! , his x ma rk. 

i'l m~Jfh , hi ~ x mark , 

1~!;h ~~~~~~i: ~n~:~k . Quah-quah, tab, hie x mark, 

~::~:,~~~J:~h.:a~lt~ark, 

Nay~eav, hi! x mark, ~tah-qi,a.fl, hi¥ x muk, Ce-ku·tay, bit .z n1ark, Sauk~, hla x mark, 

~~O:~io ~·,;a~7rk, Mt>4blm+aah, hlo z mart, W ab...,..lr.ak, blo z mark, r.. .... ,.~ bl.o :o: mark, 

hy-maw....., hlo" mark, 

PHh•U. ·blo lt mark. 

8haw--.mOD+tay• bl. .z mark, 

Ab-b&oaab, bls :t roark, 

8au.au..qUD-Me, ht.a x mark. 

Daalel Jacbon. of New York, Jao. H. Kinzie, &bL A. Kln•ie, 

Luther Ri.,., la~rpretar, 

lame. Conner, lncerpreter, Jobn T. Schermerbom, OCimmiMODer, 

G. 8. Hubbard, J. C. Schwan, adjutsnt geaeralM. ll. Ja. B. Beaobrier, etc. weet, 

A. C. Pepper, 8. A. R. P. Gho. Ker<:heval, 111~1, 

Geo. Beader, major, Fifth Reclmeat In- !IUltry, D. Wilcox, ""ptain, Filth Reoriment, J. ~f . &.-ley, catf.t&Jn, Fih.b lnlant::-y, 

~: ;_- fa%"J.:~: li~u~~~:::: . 8. Army, E. K. Smith, lieutenant. Fifth Infantry, P. Maxw~ll ... iat&Dt eu~n, 

f: ¢! Si:n~~:!,~~fi:~J~:t tl~~l~r. George F. Turner, ueietant. 1Uf1t80D, U. S. Army, Richd. J. Hamilton. Robert Stuart, Joca. McCarty, 

Jam• Khasie, J...,b&e.>n, 

Saml. Huraeo Porter, Andw. Porter, Gabriel Godfroy, A. H. Arndt. Lauri6 )tanh, 

Joeeph ChauniH, John \Vat.kin11, B. B. Kerch ~t~l, 

Ju. W. Berry, Wm. French, Thorna.t Fontyth, Pierre Menard, Fil1, Edmd. Roberti. Geo. llunl , hue Nut. 

SCHEDl!LE "A." 

(Referred to in the Treaty, containing the 11uma payable to lndi\·iduala in lieu of ~rvationl' ) 

J"eeae Walker . . . . . ..•••••. •••• . •. ••• ••.•••. . . ••. .• •. •.. .. . .. . ... •• •. •• 

~~~~1\:!fl~nd :::::::::::::::: :::::: : : :::: : : :::::::::::::: : : ::: ::::: 

Sylvia Hall . .... . . . ... . .•.•.. •. •.. . ... .•••••. . ...••. •.. ••••• .•.••••••• J-pb t&lnmboi'" and cblldrea ••••. .••••..•. •••• ••••• •. .. . .....•••••• 

Dollara. 

1500 

800 

800 

800 

1000 
213 

TREATY WITH THE CHIPPEWA, ETC., 1833. 

&ep<. " · J&lS. Agreeably to tbe stipulAtions contained in tbe Jd Article of the 

oooda purebuod Treaty, there have been purchased and delivered at the request of tbe 

aaddellm..S. Indian•, goods, p1 ovi~ion• and hor>~es to .tbe amount of sixty-five thousand dollars (lea,·ing the balance to be supplied in the year one thou· sand eight hundred and thirty -four, thirty-five thousnnd dollars.) 

As evid•nce of the purchnse and deli,·c ry ns aforcsuid under the 

direction of the said Commissioner•, And thnt t bo whole of the Sllrne have 

been receil·cd by the said Indians, the said Gcvr~:c 1\. Porter, Thomas J . V. Owen and William Weatherford, and the undersigned Chiefs and 

Hend-men ou behalf of the !<A id L' nited Nation of Indians have here- unto set their hands'the twenty-seventh day of September in the year 

of our Lord one thousand eight hundred and thirty-three. 

Cft.:sio n nl la n <l United tac ~ 

G. II. Porter, Th. J. V. Owen, Wil liam WeaLherford, 

Jo-pen..e-bee, his x mark , We-aaw, hia x mark, N~kaw-noeh·kee , hia x mark, Wai ••~ke--ne-aw, hia X mark, Ne--eee--waw-be&-tuck, bi1x D'l&l'k., ltai-kaw-tai-mon, hia x mark. S.w·kf>.D.Oib, 

In presence ofWru. Lee D. E'lrios, ...,.,!My to tho commiaaion, 

~.t/;_rol~~~ 8. Arm,., 

Sam I. Hume. Porter, 

Tebee-1'sh ~-ch i:l be--quay, h.iJ x mark, 

Joecph, hirJ x m.\rk , 

Shab-e-nni , h it- x uu1.rk, 

Ah· be· Lc-\c e -7hi c·. hi~ x mark, 

£..~ won·< , t:is x mark, 

Sbab-y-a·tuk, hi a x mark, 

Me-am·eee, hia x mark, 

Wah-be-me-moe, bio mark, 

8hlm•nah, bie x·matk, W•lD-co, bill X mark. 

A.Ddw. Porter, 

Jooeph Bertrand, janr. Jna. H. Klude, Jamm Conaer, interpreter, J. J!:. Behwa,.., adjotaot-teJ>oral, M. H. 

,\ HTICLE 1st- The said •·hiefs and hend ·.n" ·' ;:rde. to the l.l nit~d 

:'i~•l c~. nil their land situRtc· in thP. T ·rritor: .. ,f I ici•i.:nn south of G r a nd J"i\·P. r helnf! th e r c::cn·a t.io·' :u _~ ,, . ~-o :'• · \( : mile~ squnre 

con tnincd in the 3d cl :-tu ~ o'f t ht· ~d arti ·; ~ .. ; ' h1· tl···aty m:ldc Rt 

Chico.go, o n t he 2!>th da,y o £ Aug u:; t ~il. nnd w e ninety-nine ction~ 

of land contai ned in tbn treaty made at tiL .Joocph on the 19th dlly of 

Sept. 1827:·-and al•o the tract of land on St . . Joseph river opposite 

tbo town of Niles, and extending to the line of t br. State of lndinnR, on which the village. ofTo-pe-ne-hee and Pokagon Rre situated, supposed to contain about 49 sections. 

Chletuodb,.do .. a ARTICLE 2d-In con•ideration of the abo\·e ce••ion, it is hereby ..,U•"' ,,..,,. agreed that the .aid chiefs and he~d men and their immedil•t~> tribe, 

aliall ·be considered as J>!lrt.iea to the said truty to which thio i• supplementary, flnd bo ent1tl~d to participate in •II the provi•ionN therem 

contained, aa a part of the United Nat1oo; 11nd further, that t.here shall 

be paid by the United States, tbe aum of one huodred thoWI&nd dollars: to be applied aa foUowa . . 
214 

TREATY WITH THE CHlPPKWA., J:TC., 1833. 411 

Ten thousand dollar~ in nddition to the g~nernl fund of one hundred .~~~~~j ~q~~~:or 

thousand do.t .. rs, contained in the snid treuty to satisfy sundry individuals in behalf of whom rcscrmtions were L'k~d which the. Commis- sioner.< rdused to grant;-thP tn>tnncr in which the 8amc is to be paid 

being set forth in the schedule" A," hereunto annexed. 

Twcnt1·-th•c thou•nud dollars in addition to the sum of one hundred 

""d lift_,·-thonsaud dullars contained in the ~~&id Treaty, to sati~fy the 

claim,; tnnde against all composing the United Nation of Iudian>, which 

they ha1·c admitted to he jusUy rlue, and directed to be paid according to ~~hedule '• ll, , . to t he Treaty •nnexcd. Twenty-fil'e th ust~nd dollars, to be paid in goods, provisions and Good•. pro•Wooo, 

horse•, in addition to the one hundred thousand dollars contained in •«. 

the Treaty. 

And forty thous•nd dollars to be paid in annuities of two thousand Anoultleo. 

dollan~ R year for twenty years, in addition to the two hundred and 

eighty thousand dollar• tneerted in the Tt·eaty, and divided into 

payments of fourteen thousand dollan! a year. 

ARTICLE 3d-All the Indiana residin_g on the aaid reservation& in ... ~~~ '" ........ Michigan ahall remove therefrom witbtn three yean from this date, , ...... 

during which time they sbaU not be diaturbed in tht~ir poMMAioo, oor in bunting ufjn the lands as heretofore. In the mean time no interruption aha{ be ofl'ered to the survey and · sale of the eame by the 

United Statell. In caee\ however, the eaid Indiana dhallaooner remove the Government may take immediate poaseeaion then~Qf. 

ABTICLZ 'th-[Stricken out. See "b Amendment at end of treaty.] .. ~~~··•• who 

Tbeae supplementary articles after tbJI aame ahall have been ratified - by the Preaiaent and Senate of the United Statee shall be binding on the contracting parties. · 

In teetimooy wb'ereof, the aid George B. Porter, Thomu J. Y. 

Owen, and William Weatherford and the undeNigoed ehiefa and head 

men of the aaid United Nation of indiana, have hereonto set their hands 

10t Chicago, the eaid day and year. 

G. B-. Porter, Th. J. V. OweD, William w .. therford, 

To-pen+bee, liW x mark, 

We-uw, hia x mark, .N~kaw-n01h·keet hi1 x mart, 

Wai-eaw-<>k:o-oe-aw, hi1 x m&rk, Po-ka-gon, hie x mark, Kai-kaw-tai-moD, hie x mark, 

Pe-pe-ab, bia x mark, 

Ne-eee-waw-bee-tuck, hia x mark, 

Kit.cbe.b&u, hie x mark, 

Pee-chee--ko, hia x mark, 

Nai-pw-geuclr:e, hie x mf'rk, W~-maw-kan-10, hi! x mark, Mai-go-ui, hia x mark, 

Nai-chee-wai, hia x mark, 

AU.puck-Rick, hia x mark, 

Kaw-kai-mai, hi• x mark, !thml-k&i·liick., hiM x. mark, 

l'am-ko-•n1ck, hi" x mark, No-ta,.·-pi, hit x mark, 

Kauk-mUck-kiain, hie x mark, 'Vt>t"·fet-D'IOD, hill X mark . ~1n-~ben-nt-t, hie x mark, 

Kt"t!-o-kum, hi1 x rnuk, 

In prc•ence of 

\Vm. Lee D. Ewing, eec- ret.ary to the eommi•ion, E. A. Bruoh, Luther Rtoe, interpreter, Jaml!ll Conner, inWrpreter, JOMph Bertrand, jr., intterpret.P-r, fif't.l. KPrchtwat, enb Indian &fl('nt, 

Maat.:h·kO!e, hil :< mark, Kaw·b&i-~, hia rmark, 

w-lt-.qna'lap, bio" marlt:, 

~!r~..::.~~~.!t\'l!"!~k. 

~~:~.1.'::';, ~t:..~:aarlt:· Alh-&oes, bia X mark, Mix-i-nee. hl1 x mark, 

~~:~=:~~;:.~t, Shaw-waw-liuk-wulr:, hie x mark, 

Mo-"'h, hil x mark. Suk-eee, hie x mark, Queth •·•~.- ue, hie x mark, Pat-e-1")-to, hi• x mark, 

Maab-ke-oh-tee, hia x mark, Me>-nae .. , bi. x mark, Wab-e-kaie, hi1 x mark, 

Shay..()b-ne•·. hie X mark, Mo-Rua-ao, h;, x mark, Pe-qua•hue. hie x mark, A-mu ... ·a·noc-.ey, hi" :r mark. K•u-ke'"(:he-ke-to, hia x mark., Sh&'A'·"·aw•nuk-wuk. hi1 Jt mark, 

J. L. Thompoon, lieuten&DL Fifth In- fantry, 

J. A Ilea, UeuteunL FI!Lb lnf.t.DLry. P. MuweU, uoiotant ~araeoa U. S. 

a!~'Tumer, .-iat&nt IIIIJeOD U. B.- Army, 
412 

Sept. 77. 1833. 

215 

TREATY WITH TBB CBIPPEW A, ETC., 1833. 

B. B. Kercboval, Thomu Fonyth, Daniel Jor.kaon, of New York, 

J. E. Schwan, adjutant-pneral M. M. RobL A. Kinzie, G. 8. Hubbard, Geo. Bender, major Fifth Regiment In-- fantry, 

D. Wilcoz. captain Fifth Reaimen~ 

J. M. Bnley, caJ.tain Fifth ln!aotry, 

~ •t J..%i~~; li~~!~\J. S. Anny, 0 . K. Smith, lieutenant Fifth lnfan.try, 

L. M. 'hylor, Pierre Menard, tllJ, 

J...,b Beeoon. 

&muel Humeo Porter, Edmd. Roberto, 

.Jno. H. Kintie, 

~":i,~j ~(;;,y, Jr. G..o. Hunl., A. H. Amdt, 

And"·· Porter, JIAa(~ NLch , Rkhard J. Hamilton. 

SCHEDULe "A," 

Referred to in tbe Article 1Upplementary to the Trt.kty , contAining ~heaumA paya- ble to Inrlividual.t, in lieu of Reeervationa of Land. 

P~\ca-gon ..... .................. . .. ..... . .. ... ..... . ... ...... . . ....... . 

lte~ Burnett} Edward BrookiTruatee fore~~cb { · ·· · · · · · ··· · · · ··· · ·· Mary BuraetL ...•• ••••••• . •• •••••• Martha Burnett (R. A. Foroyth Truotoe) .... .................. . .. .. .. .. Madalioe Bert""'d .................... .. ....... ... ............ ... ..... . 

~:'&=:1::.~::::::::::::::::::::::::::: ::::::::::::: :::::::: 

r=~:=: t:::t:::::::::::::::::::::::::::::::::::::::::::::::::::: The.- Bertraod ••• ~ ......... , ••••...••••. ••••• .•••. ...••••••. •••••••. Am&ble Bertnad ........................ : ......... .................. .. Jali&Dno Bertnnd ...................... . . . ................... . . ........ . 

~i~:~~~::::::::::::::::::::::: :: :::::: :: :::: :::::: ::: :::::: lobn B. DuCharme ....... ............................................ . 

DollaR. 

~?i~;R~;:~~:~~~7:~=):~~~~~~~~~~·~~~~~~~~~~~~~~~~ ~. 

2000 

600 

250 

fM 

200 

200 

200 

200 

200 

200 

200 

200 

100 

100 

100 

l!\10 

IJO 

400 

400 

1000 

400 

400 

300 

llOO 

200 

too 

toO 

200 

100 

100 

Cbarl• Chanoional} For_., of whom R. 11.. Fo..,.U. bo TnJ-. { "· · ·•· ·· Jilar1 Cb&Ddonal ....... . 

~~~~:~;~~~~~~~~~~~:~~~~~:~~~~ ~~ ~~~ ~~~ ~~~~~~~ ~~~ ~li~?.~!~~~~·~:~::::::::::::::: ::: :: :::: :::::::::::::: Jarmoot (hall b.-1) ............................ · ........ .... ......... .. 

Ten thn_,d doliiU'I . ............. ....... .... ................... . tlO,OOO 

Agreeably to the stipulations cy>nt&ined in th•• A rtidessupplcmentary to the Treaty, thP.re have been purchased nud drlivcred •t the request 

of the IndiAns, Goods, Provi•ions ~nd Hon;es to tho ~<mount of fifteen 

thousand dollu·~t (leaving the balance to b<· supplied he•·~ after ten thousand dolla,.,..) 

As el'idence of tbe purchlllle and delivery as aforesaid, under the 

direction of the said commidSioners, and t.bat the whole of the same been received by the uid Indian• and the said George B. Porter 

Thomas J. V. Owen, and William WKtherford, knd the under~tig-n;;J chief• and beed men on behalf of the said U nitlld Nation of Indu•ns, 

ha•·e hereunto set their hand' the twenty-seventh day of September, 

in the year of our Lord one thouaand eight hundred ""d thirty-three. 

G. B. Porter, To-pe:n+bee, his x mark, ·rh. J. V. Owen, Wee.-.w, hi• x mark, William Weatherford, N•kaw-Doeh·keo, hil" mark, 
216 

TREATY WITS THE CBIPPF.WA, XTC., 1833. 

Wai .. w-o-kt>ne·aw, hie x mark , 

Nf!-.~waw-be-tuk, hill x mark , 1\ai-kaw-t.ai-mon, his x mark, Saw-Ka-NOeh, hie x mark, Tehee-lshe&-ehin-ke-bequ• y. h iF x mark, 

Joeephi hia z m"rk, Shlllb-e-na.i, hi1 x mark , 

In presence of--

Wm. Lee D. Ewing, secretary to the c:om- mi•ion, R. A. Fonrth, U. 8. Army, John H. X1nz.ie, Madn. F. Abbott, 

Ah-be-to-ke-ZtUc, hie J: mark, 

E-to-wau·L'Oto, his x mark, Shab-y-a-tuk, hit x tnark, Mn.am~, hia z mark, Wah-be-me-mee, hi11 x mark , Shim-e--nah, hia x mark , 

\Ve-in-eo, hil x mark. 

Sam I. Hume. Porte,., 

J-ph Bertran~, janr. Andw. Porter, J. E. Schwan, adjutan11oneral M. M. Jarnm Cooner, lDterpreter. 

On beho.lf of the Chiefs and Head mea of the United Nation of 

Indians who signed the treaty to which thesearticlea are aopplementary we hereby, in evidence of oor concurre11ce therein, become parties 

thereto. 

And, as since the signing_ of the treaty a part of the band residing on the reservation& in the Territory of Mlcblpn, ba\•e requeeted, on account of their religioua creed1 permieaion to remove to the 11orthern 

part of the peninsula of Mieh1pn, it it ipeed that in cue of such 

removal the juet proportion of all annuit1ee payable to them under 

fonner treatiee ani! that arising from the eale of the reeervation on ... hich they oow reside aha II be paid to them at, L'arbre, (..'roche. 

Witneee our haflds, the said day and year. 

Saw·Jra.nooh, hie x mo.rk , 0-<:hoep-pwa.iae, hie x mark, 

Che-ob•bin-qnay, hia x muir., Maug-1, blo x mark. Ah·IJ&.t&-lr.•xhic, hia x· ... ark, 8him+Dah, hia x marlt, 

Shab+nay, bi1 x mark, K•m&-Dah·wab, hla s muk.. 

In the presence ofWm. Lee. D. Ewing, aecrotary to the COD'lmitmon, Jno. H . Kinzie, Ricbd. 1. Hauulton, Robert Stuart. 

R. A. ForaythL U. 8. Army, Saml. Humee rnrter, J. F. Scbwa,... adjntant.,:euen.. M. M. Jamee Coaaer, i.oterpreter. 

The Commiseioners certify that 1rheo theee allpplementary arti•:les were ready for signature, the original paper of winch the annexed ie a copy wae preeentOO by Mesera. Peter and James J. Godfroy, and the 

due execution of it wu made eati•faetorily appear to the C',ommiuioo· era, the •ubacribing witnesses R A Forsyth and·Kobert A Kinzie being 

present.-The Chiela and Head men preaent recoll"'izing thi• aa a ree· ervation. it wu agreed that it shall be con1idered in the same light aa though the purport of the in1trument had been iDMrted in the body 

of the treaty·-with the understanding that the rejection of It by the 

President and Senate of tbe United Statea aha II not dect the validity 

of the treaty. G. B. PoltTIIa, 

TH. J. V. OwzN, 

Ww.u>r WJUTBJ:arollD. 

(Copy of the io~trument referred to in the above certificate.-) 

413 

Know all men by these present& that we the undersigned Chiefs ""d __ ,._•:...';c.":..c ·'""'-·- Younl{ men of the Potawatemie tribe of Jndiana living at Na·to·wa· 

se-pe m the territory of Michigan, for and in cooaideratioo of the 

friend•hip and sundry sen·ice• rendered to us by Peter and James ·,f. 
414 

Oet.. 1. 1114. 

217 

TRF.ATY WtTH THE CH!PPf. WA. ETC. , 18.1:1. 

God froy we do hereby by these present.tl give, grant, alieu , transfer nod convey unto the snid Godfroys their h.cirs and assigns fore,·er 

one entire section of land situate l.ving and being on our· r·cser,·e of 

Na -to-wll-se-pe, in the Territory aforesaid to be located by said God-

!1-m·, whcre,·r.r on said reserve the v shall think it mor·c to their ad,·nn- tago nnd ben~fit . • 

It i~ mor·eover the wishes of tho undersigned Chiefs and Young men as afor·esaid, that so soon as tbero shall be a tr·e11ty held between the 

United State$ and our said tr·ibe of Potta\Vntnmies, that our greut 

father the Pre.;i<knt confirm nnd make good thiA our gro<nt unto th~m. 

the said Godfroys by iS>luing a patent therefor to them and to their 

heir• forcver.-In so doing our· great father will accompli•b tbc wi•bes 

of bis children. 

Done at Detroit, this eighteenth day of May, A. D. one thou8&nd 

eight hundred and thirty. 

l n witneas whereof, we have hereunto gn~d . scnled, and set our hand. t.nd seals, the day and ye..r Jut above written. 

Penencbeae, his x mark, 

Pit-goit-ke-M, his x mark, 

Nah-o-te-nan, hia x mark, 

Ke-a-sac-wa, his x mark, 

Sko-pAw-lta, biB x m&l'k, 

Ce-r.e-baw, bis x mark, 

N&-wa-po-to, bis x mark, 

To-ta-gtUt, his x mark, 

Pierre Morin, alias Perish, his x mark, 

We-say-gab, bis x mark, 

Signed, sealed, and delivered in the presence of us- R. A. Forsvtb, 

Robt. A. I(inzie, 

G. Godfroy, 

L. 8. 

L. 8. 

L . e. L. 8. 

L. a. L. 8. 

. 8, 

L.a. 

L'S. 

L- 8. 

Witneases to the signature of Pierre Morin, alias Perish, 

and Wa-say-gab. 

Richard Godfroy, 

Francia Mouton. 

Tao. J. V. OwEN, Eaqr. I 

U. S. Indian Agent. f 

Chicago, Tllinoi&, Oct. 1, 183-!. 

----- - F.A.THER: Feeling a disposition to co111ply with the resolution of 

Senate of tbe United States, and tbe views of the Government in relation to an alteration in tbe boundaries of' the countrv ~d~d to the 

United nation of Chippewa, Ottaw .. , and l'otnwatl\mie Jndhm• ut the 

ti'Cilty at Chic,.go in the State of .Illinois, concl uded on the :!Gth and 

27th day~ of September· 1833:-we therefore propose a• thr. chicf11 of 

tbc B8.id united nation, and for and on their behalf !hut we will at·cept 

of the following Alteration in the bounduics of the ""id t111ct of 

country viz:-Beginning Rt the m·outh of Boye•·'• river·; thcn<'e down 

the Mrssouri river, to a point theroon; from which a due eiUit line 

would strike tbe nor·tbwe•t ~-orner· of tbc State of >~~~ouri; thence 

along tbe said e1tat line, to tbe northwest cornc1' of , nid H'tatr: then 

along tbc northern bo11ndRry line of tbn said StAte of Mi,.,onri, till it 

strikes the line of the lnnds of tbe ~Rc Rnd ll'ox Indian•; thcnt'<' northwar-dly along !lllid linn to ,. point fr·om wbich a we•t line would ~trike 

tbc aourceto of the Little Sioux river; thence along .,.;d west line, till it 

strikes tbe ..aid 110urces of suid river; tben down said river to its mouth; 

thence down the Mi:ISOuri river to 'tbe P.IROO of beginning: Prm,idt!d 

the Mid boundary •hall t·ontAin live mrllioo of acres; but should it 
218 

TREATY WITH TR~; CHIPPEWA , ETC., 18:1;,. 

c.ontain more, then said boundarie• are to be reduced so as to cont.n i: 

the " irl fh·e millions of cr~ · 

,.\ nd, in consideration of the Rlt.erution of ~~&id boundan · we ask t.lmt 

ten thousand dollar" should be paid to such c.ommissioner, a~ ,; hall he 

dc i~;nntcd by us to receive the snme \Vest of the :\1issitll'ippi ri·,·er, at suc·h place un the trnc·t of country ceded to the said united nation..., we 

may designKt••. 1\nd to be applied, a.< we may direct for tbe u•e ond 

hencfit of the aaid nntion. And the further sum of two thousand dol· 

la ro to "" paid to Gholson Kercheval, of Chicago, Ill.: for •er\'ices re nde red the snid united nation of Indians during tho late war, between 

the U. S. Go,·ernment o.nd the Sacs and Foxes; and tbe further •um 

of o ne thousand dollars to George E. Walker fo•· services rendered the 

Sllid United nation, in bringing Indian prisoner&, from west of tbe 

Missi•si,Ppi river to Ottawa, La.;alle county, Jll. for whose appearance at tbe c1rcuit court of s~id county. the said nation was bound. 

The forettoing propoeitions are made with the expectation, tbat witb 

the exceptll>o of the alteration in tbe propo.led boundary ,-and the 

indemnity herein demanded ae an eguivalent 'for said e~Cbange, tbe 

whole of the treaty made and concluded at thia ·place on the 26th and 

27tb days of September 1833, be ratified aa made and concluded at that 

time, wttbin tbe space of five montbs from the pl'ellent date; otberwiae 

it is our .,.:ieb tbat the whole of the •id treaty ebould be considered &8 cancelled. 

in witneo~s whereof, we, the undersigned chiefs of tbe Did United 

Nation of Chippewa, Ottowa, and Pattawatamie Indians, being specially 

delegated with power and authority to e«ect tbie negtitiation, have 

hereto set our hantta and scala, at Chicago, in tbe State of Illinois, on the first day of October, A. D. 18S.. 

R. Caldwell 

Kee-tsbee-zhing-ee-beh, bis " mark, 

'1\hee-tshee-beeng-guay. his x mark, J oseph, his x mark, 

Oh-ee-tnh-kec-zhik, hi.! x mark, 'IYRu-bon -sec. his x murk, 

Kay-kotrce·mo, bis x mark, 

In presence of- Ricbd. J. Hamilton. Jno. H . K e Cl zi e, . 

Dr. P. Maxwell, U.S. Anny, 

J. Grant, jr., E. M. Owen, ,J. M. Baxley, captain Fifth Infantry. 

L. s.l L. 8. 

L. ~­

L. $. 

[~ : ;: j [L. S. 

fir~d:E~;~h~h;:%J~~. ~~~~="~'lh!~~~:~!~. ~rih:S~~~te·r;: :~: tion to the ame : which conditione •• contained In tbe tint named reaolutloa. are u foHowa: 

' 'ThAt the Senate do ad\"iM and eonaent to the rat.l!r.atioo of the Traty, made on the 26th day of September 1833, at Chlcqo, by Georp B.· Port<tr and ot.hera, Com- mieoionera on behalf of the United Sta~. and tbe United Nallun of Chlppewu, OUa- v.·u, and Pott&wat&mi .. Indl&no. and the aupplemenlary arl.lcleo thereto, datad oa tbe 2;th day of !September, 18~3 . v.·lth the followinJ amendment& and pmvlalonot 10 wiL lMt : amenrl the third article in Schec.Jule.A, by atriklrtaovttheword. ' ' ttn' ' ana iDMJ't.. 

ing the word fi« uiO each ,of the oumo 10 be peld 10 Blll1 Caldwellaad Alexander RObin110n;· oo that the aum of five thouand do]laN Olllr will be paid to -h of them, on<l tho oum of ten tbouand dollara, thua deducred, 10 be paid 10 the ladlane.-2d . . ~ 11 the dobts, mentioned ia ochedule B, In the oame article, aud which are apecifted in l'Xhibit E, to tbe report of tbe committee, to be euminecl by a comtDi•oner to be •p)l?intedby !.he Preoidenl, with tho advice and coaoentof tho Senate, and tho indi\·uiuale to be paid only tbe eum1 found by aid commillioner, tD bave bef.n juetly 

due; in no inatanee increuiogthe tum asrreed to be ~d; and whatever1um iM uxN bv dednctionor d i•llowance of thedeht.a in uh bi~ E. 10 be peid IOiheladians, aad the .... idue to the claimant& reopectively. 3d. Strike out arl.lcle 6t.h In !.he Trost~. 

4th . Strike out arl.lcle 4tb in tbeoupplementary articlea: and provided, that the land• 

415 
219 

THIS IS A COPY OF AN ACTUAL COPY OF THE 1836 TREATY. 

SAGINAW WAS NOT ELIGIBLE, NOR WOULD HE HAVE TRIED TO SIGN AWAY 

SOMEONE ELSE'S LAND. HE WAS THEN IN ALLEGAN COUNTY NEAR GUN 

LAKE LIVING ON WHAR IS NOW KNOWN AS HASTING'S POINT IN THE LAKE. 

THERE WAS RUMBLINGS OF ANOTHER BORDER WAR LIKE 1812. THIS MADE 

SAGINAW AN IMPORTANT PERSON. NOON DAY AND BLACKSKIN SIGNED. 

IN APRIL OF 1838 A MURDER OF A WHITE FAMILY BROUGHT ALL 

THE WORST FEARS OF AN INDIAN UPRISING INTO THE OPEN. WAR 

DEPARTMENT AND THE PRESIDENT CREATE NEW PLAN TO PUT SAGINAW 

AND OTHER WARRIOR CHIEFS ON LANDS AWAY FROM PEOPLE WHERE THEY 

CAN BE WATCHED. IT WAS A NEW POLICY. ON JUNE 5, 1838, A COMPACT 

WAS SIGNED AND THE GUN LAKE BAND WAS CREATED AND SAGINAW, 

PENASEE, MATCHIPENASHIWISH, AND KEWAYGOOSHCUM WERE PLACE AT 

GRISWOLD JUST EAST OF GUN LAKE. GRISWOLD WAS THEN LOCATED ON 

THE LAST HIGH GROUND OVER LOOKING TEN MILES OF SWAMP THAT 

STRETCHED TO THE WEST. IT LATER TURNED OUT THE HUSBAND KILLED 

THE WHITE FAMILY BUT BY THIS TIME THE GUN LAKE BAND HAD IT'S 

TRUST LAND THAT WAS THEN HELD BY BISHOP McCOSKRY. 

THE COMPACT OF JUNE 5, 1838 HAS BEEN OVER LOOKED BY 

HISTORIANS. THIS DOCUMENT CREATED COLONIES TO COMPLETE 

AGREEMENTS NOT DONE FROM 1633 TREATY AND SUPPLEMENTAL AGREEMENT. 
{ ' 

220 

.~~ j~1 ; J . 

-;]!l<>'l , . _, 

... ,32; ;;, 

i~ ~::. ·, · ... 

•.-· .. <: ]., .·,;;;., · / ~~·w · .·· ·. · '. :·r·t ~ : 

-· --- .' '_.·;~ / .. ANDREW: JACKSON, :. ·. : .. -r." ~ ' .-:•;;.;. •. .. : '-. . .. . 1 . .I. . . ~ 

.' r. · .• : ·; : ~ ·' ' ; ~- • ' . . . ' • /. • J 

·wHEREAS a Treaty was ronde and concluded at the city of Wnshington, in the 

District of Columbin, between Henry Jt. Schoolcraft, commissioner on the part 

of the Cnited States and the Ottawa and Chippewa nations of JndiMs, l·y their 

chiefs arid delegates,' on the twenty-eighth day of M~rch one thousand eight hun- dred and thirty-six; and an article supplementary thereto was also agreed upon on the thirty-first day of March in the same year; wh>ch Treaty rmd supplementary article are in the foUowing words, to wit : . _., , . ~ Jj~. I ; :.I,_ • • ., ." • : •. ~ 

Gr..,n bay, thence. down the south bank 

of said river to its mouth, thence, in n 

direct line, through the ship channel into 

Green bay, to the outer pnrt thereof, 

thence south to a point in Lake Michigan 

Articles of a treaty made an.d concl11ded 

at the city of Washington iro the Di3-- trict of Columbia, between Hlfltry R. 

Schoolcraft, commissioner on the part · of the United Btates, and the Ottawa 

and Chippewa nations of Indians, by .....their eAiefs and dele.!!'atcs, : .· 

ARTICLE. FIRST, The Ottawn and 

Chippewa nations oflndians cede to the 

United States all the tract of country withm the following boundaries : &gin- mng at the mouth of Grand . river . of 

Lake Michigan on the north bank thereof, and following up the same to the line 

called for, in the first article of the treaty, of Chieo.go of the 29th of August 1821,-

thence, in a direct line, to the head of 

Thunder-bay river, thence with the line 

established by the rreaty of SaD-ana\v of 

weot of the north cape, or entrance 9~ , .f.J ') . Grand river, and thence east to the pla_cer :~ . . -~ · ···· ofbegin~ing, 

prehendmg all 

at the 

the cape lands ntoresai~,and 1slan<t! ~f?Ifl}", 

;..·. ~ 

... ,, 

within these .limits, not hereinafter re· 

served, · . . 

AnTICLE SscoNn, From the cession - - ......._ 

aforesaid the tribes reserve for their own \ use, to be held in common the follo\\~ng \, 

tracts, namely : One tract of fifty thon- [ sand acres to be located on· Little . Tra.· t; verse bay: . one tract of twen·ty thousand / / j · acres to be located on the north shore of. ' 

Grand Traverse bny, one tract of seven· · ! . ty thousand acres to be located on, or, · . north of the Pi.ere Marquetta river, one tract of one thousand ncres to be Jocat'!d 

by Chingn.ssanoo,---Or the Big Snj 1, on 

the 24th of Septemberl819, to the mouth 

of said river, : .. thence northeast to the 

boundary· line : in Lake Huron between 

the UnitcdSto.tesond the British province of Upper Cana.~a, lhence northwestw8Idly, followingthcsaid line, as established by. 

· ~ the commissioners acting under ·the trea-.. . _,, ty of Ghent, through the straits, and river 

the Cheboigan. One tract of one thnn . . · · snnd acres, to be loca.tec.l. by I\·Iujcekcwis, · 

on Thunder-bay river. . . ARTICLE THIRD, There shnll nlso :··' · _.. St. Mary's, to o. point in Lake Superior ;__ ·· · ncirth :af:,tl.l~ mouth of Gitchy Seeling,. 

'-c~--~ ;c,or,Qhocolatjj river,· thence s_outh to the_ ··; ' :. ·· mouth_ o(:.s_!lid river and: up its channel . . ···~-.~o .... ·.to lhe·soUrce thereof, thence,- in a direct 

·:.:;;\ line to the hend of the Skonawba river of •• :i, 

• • = 

be reserved for the use of the Chippe· ~ . ..-,. was living north of the straits of :i\Iichili-. { i_;;y 

·· nmckinn.c, ~o folJowing tr~Cts, that· is to ." .. ~~;., _- '?~_·:_:: :'say: 'l'wo tracts of three miles square: · -· or<~;. 

each, on the north· shores of the said . straits,betweenPoint--au-Barb_e_and 111illc _:.11' ' 
221 

4 .. . ', ' -?' ;:.: · ... 

·- .- -:'?l ·- . . 

(}oquiu tiver, iuclnUing the ti'shing hunse8"~ nt~d lkMks tn their own language, grounds in frout of ·such reservntions, to becontm.ucd twenty yea.rs, and~ long 

to be located by a council of the chiefs. thereafter ns Congress may approp1iate 

The Beaver islands of Lal<r. Michigan for th" object. 3rd. Three thousand 

. for the use of the Benver-islnnd in- dollars. for missions, subject to the condidians. Round island, opposite Michili- tions mentioned in the second clause of 

. mackinac, as n place of encampment for this nrticle. 4th. Ten thousand dollnrs 

,'§_(_ the Indians, to be under the char(\e. of the for agricultural implements, cattle, me-

:-~,: Indian department. The isbnas of the chnntcs' tools, nnd such other objects ns 

. ~r · Chenoa, with a pnrt of the ndjncent north the President may deem proper. ·5th. 

~""-?coast of: Lake -Huron, · corresponding in · Three ·hundred dollnrs per annum· for 

~FL: ·~;,)ength, n_ild (>ne mile in depth. Sugar vnccino mntter, medic. ines, and the ser-~ 

.-r .. :: { :·Island, wnh tts Islets, m the river .of St. vices of physician3, to be continued, 

;,:):; !\lory's. Six hundred and forty acres, at while the Indians remain on their re- \ 

_· ;~~-':. · the mission o£ the Little R.'lpids~ A tract servntions. 6th. Provision.s to the amount 

-_;__ _ . commencing at the mouth of the Piss1's· of two thousand-- dollars i six thousand 

·~omini1lg_ river, ~outh of Point I~<X}UOis, five hundred pounds _of tobacco ; one 

~~-~- thence running up said. strenm to its forks, h undred hanels of salt, and five hundred 

. thence westward, in a direct Ii11e to the fish hnrrcls, nnnnally, !~, r twen ty years._ 

::. · Red water lakes, thence nr:ross the por·· 7t-h. Ont}. hu ndred ;m·l .fifty rho11snnd 

... _ ' tngetothe Tar.quimcnonriv':J',and .down ).dollar3: in goo(b :md pro ;i_..:;(lJ :~: t·n the 

-- _ _..the sAme to its mouth1 including- the rat:ricalir.o; t n!· I his trearr, H1 be doli\·cred 

"' small islands and fis.hi!_!g_ ~!:Q_LlllLls, in ·1t :Vllchilimackin;.tc;. · 

front ' of this·:rt..-scrv:..ticin. Sue hundred AnTrr.- r.~-: · F'IFTH, The- snm of three 

( 1 nnd forty acres, on Grand islnnd, nnd Jmmlrcd thousnnd dollars sh;t!l-· be set 

·, "\.r-. two thousand acres,,on the main land apartfor thepaymentofjustdcbrs·nua.inst t...... south of it. Two sections, on the north- the snid lndinns. All c1nims for.:) such 

em extremity of Green buy, to bc -locRted· debts shnll be e:xnmined by · a coinmisc 

by .ii council of the chiefs . . AU the locn-· sioner t.o he appointed by tho Presiden t 

tions, left indefinite by this, mul the pre· and Scnntc,.. who, . shnll: act micler· Such 

ceding articles, · shall be made by . the instmctions ns mny- be given·to ·him, by 

{:~ :~ ~- ptoper-chiefS;under the direction of the the order of the President, for: the: pnr- ~-<. ~:~ .. : President.. It is understood that tho rcser- · pose of preventing the allowance ~f. un-

, ··2..2 .va~Uon.for . a· pl~~~ ~f. fish~ng _and encamp- .. ju.st clnims. Th~ ... investigation ~hAH_'ha ... ~:·.,. c_:._·.· -~liieiif; " made · under.; the treaty of St. ... mndc ntMlchi1imnckinac,and"no claims 

.'•);L'-: )Iary's, of.thc .16th of' June. 1820; re~ ' shnll henllowed, exceptsuchnswerc·con' ' ,_., '' mains unaffected by this treaty . .. ; ,. '·· · .-.. - . tracted by Indians living• within the ·.tisJ 

. ARTICLE FouRTH, Jn considerntion ' trict of ·country hereby· cetled; . and::tq 

of the : foregoing cessions, the United citizens or residents of the United States; 

Statesengnge·to ·pay to th« Ottnwa ~nd · No clnim shall be pnid out· ·of' :· this fund. 

·~ : Chippewa.. n:ationsl_ th:-. fo1low1~g sums, '---unless the clnimnni will receive the sum 

'nnmely'. ' lst.·An .annmty of thnty thou-· '· allowed to him, ns ftill payment_of'nn 

· sand dollnrs per annum, in 'specie, for· ·.:debts, due to him bythe·Mid·Indians.' I£·· , .. twenty years; eighteen thousand dollar• , the fund fall shr.rt of the full: am0tmt·of 

·:!>(~; to·· b&paid to the Indians between Grand·· just deots, -thcn n ratable division··shall' 

·· '):t:t·nvernnd'theGheboigan; threothousnnd be made. · .If it'cxceed such amount; the ·; :' 1'.~~ -._. ~ix hundred dollars, to the fnc.linns on the · balance shall be paid over to the Indhms1 

.. ::·_:·?&~·; · Hu"ronsflore bctweentlu~Gheboigano.nd : i-n -tho stune manner, nlannuitics are' . · -:.:; Thunder-bny river; andseven thousand · requirccl bylnw to-bepatd:. ·.·· ... , :. ::::.-·X : :_:. four· hundred dollars, to · the Chippewas · · 1\:RT!Ct.E Sr:l:nr. The s.,id ' Indians .. ···-'_- north of the stmirs, a~ far _ns the cession being desirous of' making provision fo_r ·. 

,._;.... extends· the remaininrr oM thousand· thoir hnlf..brceu telatives, OJid thc ··Prcst-

/ dollars, 0 be invested 0in st~clc by -the ! dent having dctc:tmincd, that individual: 

r Trensury Department and .to remain in-. resMvntions shall not be grantcd1 ·- ~t ~ iS' 

capable of beinty sold~ without -the con- ngrecd, th~t in li~u thereof: the· sum of 

sent of the PNs=Ident .-tnd Seni\te, which one hundred nnd fifty: thot1sand dollars 

· ~· -may; however, be given, after the exrJ,ra.· · shall-be' s~t npnrt ns n fu.nd for said hnlf-: .. •.',: -~-: tion· of twenty-one years. 2nu. ftvo · breeJs.' No person shall be entitled ·to 

·., ... ··:.-''thousand· dollnrs per . annum', for · the :iny pnrt·of.said· ftlnd, unless he is ofJnc 

-, ___ :~~~· purposes . oP education; tenchers, school·· dian dc'scP-nt and actllally -resident wit_h-

:·,· . . ·:. 

84-978 - 95 - 8 
222 

in the boundaries described in tho first further their well bein~. th<1 United ·States 

nrticle of this treaty, nor shnll ony thing- engage to keep twoad~itionn\ blacksmithbe allowed to noy such person, who may shopo, one of which, shnll bo located on 

have received any allowance at any pre- the reservation north of Gmnd river, and 

vious· Indian treaty. The following the other 111 the Sa11ll St~. Mari~. A.. 

principles, shall regulate the distribution. permanent interpreter will bo provided at 

A c•nsns shnll bo taken of all the men, each of these loco.tions. lt is stipulated 

women, nnd childern, coming within to .re'!e.w the.present dilnpid.at"'! shopLo.t. ·~ .:~ 

this· nrticle. A3 the . Indians hold in Mlchilimackinac, an<\ to rnamtnm ti.;glin• ·

1 <:. higher consideration, some of their hnlf· smith, in addition to the present smith1

:t 

breeds thnn others, nod ns there i• much est.,bli.ohmeut, and to build a donnitory 

difference in their capacity to use and for the htdians visiting the post, and ap. 

take care of property, and, consequently, point & perso11 to l:eep it, and supply it 

in their power to aid their. Indian con· with lirewood. It is nlso agreed, to sup- nexions, which furnishes a strong ground port two farmers and assistants, and two 

for this claim, it is, therefore .. ngreed, thnl mechnnics, l\.S the President mny desiO"-

at the council to bo held upon this sub· nate, to teach nnd aid the .Indians, in 

jf':Ct, the commissioner shall call upon agriculture, and the mcclumic 0\rts. The 

the Indian chiefs to designnte, if they re· far;o1ers and mechanics, and t!1e dormitoquire it, three cl:lSses of these claim~nts, ry, will be continued for ten ycnrs, nnd 

the first of which, shall receive one· half as long t~Jereafter, •.s the · President may 

more than the secon•l, n.nd the second; deem this arrMgem.,nt useful and neces· 

double the third. Each mnn woman •.nd sary; but the benefits of the other stipnchild shall be enumerated, and an equal lation• of this article, shilll be continued 

share, i!l the respective clnssc•, shall bo beyond the e1<pirntion of the •.nnuities, 

allowed to each. . If. the father is living !llid it iA understood thl\tti•ewholc of this 

with the family, · he . shall receiYe the article shall stand in force, and inure to 

shares of himself, his wife nnd children, the benefit of the Indinns, a.s lono- after 

jf ~· fatlter is dend, or separated from the axpiration of the twenty y~ ns ·····th4 family, and tlte mQther is living with Congr""" may appropriate for the objects. 1 

the family, she shall have her own share, ·AllTICLR EronTn. It is n,areed,. that '<1. · . :J 

nnd.tt.at of the children. 1f the father ns soon. ns tlte snid Indians desire it, n ._.:-\ 1 

aiid mother are neither living with the deputntion .shall be sent to the west of ·-· "··: 

farpily, or if the ehildem are orphans; the Missio>ippi, nnd to the ·country ,be-~,- · 

::;· _their sh'dre shall be reiained till they are tween Lake Superior and the Mississippi, . ..;.,. i ·' twenty~ne years of. age provided, thnt. and a suitable location shall be provided ' _r,, .' . such portions of it, as may, be nece"Stlry for them, 1\mong the Chippewas; if. they 

I · m~y, · under the direction of the Presi; desire it, and it can be purchased npon ~ ·: : 

dent, be from time . to time applied for rensonnble terms, nntl if not,.then in some 

r ,. 

their support. All other person• a~ the portion ofth' country west of the Missis- ~e o! twenty-one yean, shnll receive sippi, which is n.t. the dL<~~posnl oC lhe 

their shnre3 ~ably ttl the proper cln...... United State.. · Such improvements 113 

Out of the srud fund of one hundred and add value to tho land, hereby ceded, shall 

liftyc.thousand dollars, the sum of· five be· appraised, and the nrnount pilid.tothe 

thoUS..nd dolllllS shall be reserved to be proper Indian.:. B11t such paymeat~l, 

applied, under the direction of tho Presi- m no Case, bo assigned to, or· paid to, a dent, 10 the supportof such of the poor half. white · nJlUl;''. If the church on the Chc,. 

breeds, as may .require assistance, to be boigan, should fall within this cession, 

expended in annual instalments for the the vnlue shall be paid to the band ownterm of ten years, commencing with the ing it; _The mis. .. ion establishmentsupon 

second ye.u .. ·. Such of the hali:breeds, .S the Grand river shall bo appraised and mny be judgP.d incnpnble of m.-u<ing a ·the value paid to the proper boards. When 

proper use of the money, allo\vcd them . the Indians wish it, the United States will 

by the commissioner, shall rcc~ive the remove them, at their expense, provid~ 

snme· in instalments,. as the President them a year's subsistence in the country 

may direct. .. , .... to which they go, and furnish the same 

ARTtcLn SEVENTH. In corisider&·"<... , •rticles,.nnd equipments to ench persori, ~- -;(tion··or:the. -cessions above tnft.de, and M ' a . as ·are stipulated to be given to !he Poun.~ vy . ' .') litrthet ~mest of the disposition felt to wawnies in the final treaty of c-.'ssion 

·~ do:c.fuiHi~.~::e to. the. Indians, and to '. · concluded at Chicago. · 
223 

· ARTICLE Nu<TH, Where•sthe Otta• Indian ·child, oue section each, at oue 

waS .and Chippewas, t~eling a strong con· do!IA.r and twenty-five cenrs, · 

sideration for aid rendered hy certain of ARTICLE TENTII. The sum of thirty 

their half-breeds on Grnnd river, and thousnndtlollnrs shu II bepo id to the chiefs, 

other parts of the country ceded, and on the ratification of this treaty, to be 

wishing to testify their grntitude on the divided ngreeaLiy to a schedule hereunt<> 

:present occasion, h~ve assiQ'Tled such annexed . 

.. ·.Individuals certain locntions o1Iand, llrld ARTICL~::; ELEVENTH. The Ottawa.l 

) ~ .- un:iled in a strong a{'peal for the nllow- having consideration for one of their 

ancef of the same m this treaty; nnd Rged chiefs, who is reduced to pov· 

_,. 1 ~ • wh~eas no· such .reservations can be per· erty, and it being known that he wns a 

jJj .; .(~'niitt:ed in cnrr)~ng out the special direc· firm friend of the Amerie>n Government, 

~ tions of the President on this subject, it in thn.t qtH\l'ter, during the bte war, and 

is a !'Teed, that, in addition to the genernl suffered. mnch in consequence of his sen· 

fun~ set apart for half·breed clamLS, in tiruents, it is agreer.l , thnt an aunuity of 

the·· sixth nrticle, the sum of forty-<!i~ht one hundred doll~tr~ p• :·"mum shall be 

thousand one hundred and forty-eight ·p;,.it..l to ~in v • .-~egon or the \Ving, d11ring 

dollars shall be paid for the extin ~ish· l11 s natural tife, in mnncy or g(")()(.}s,ashc 

ment of this clo.ss of cbims, to be d!vidc<.l ~v ch ()v::-c. Anoth ci oi the chicJs of 

in the foHowing manner : To Ri.'t Ro· said nation: who attendc.l the trc~ty of 

binson, in lieu of a section of land, grant · Greenvilic in 1793, and is now, at a very 

ed to his lmlinn f..1.mily, . 011 the Grand- adv11nced age, r~Yln ct: d to extreme wanL, 

river rapids, (estimni eJ. by good judges 1ogethcr with his wiiC~ ;:,nd the Go\fCfll· 

to be worth half a million ,) at the ratP. of ment bci:nr ll.J)p:·izcd th:u he h;L~ pleaded 

~hirty-six dolln.rs nn ncre-: To L~::onarU ·a promis·: ·~1f ( :cu. \Vaylh , in his :.ehalf, 

Slater, in tntst for Chiminonoqnat, for a it is ngre:cd thnt Chu~to •Jf l\li ehdirnnc-

. .;. section of land n.bovc S.."lid rapids, at the kinac shall r~ceive an mui ty of fitly 

.··.3\ rate often dollars an acre: To JoAn A. doHa.rs p.~ rnnnumduritighishaturalliJe. 

·· \ ·Drew, fqr a. tract of one section and three· ARTICLE TwELFTH. All expenses 

~ .· quarters, to his Indian family, at Cheboi· n.ttending the journeys of tho lndinna }f.' g:.m rapid.s, ·n.t the rat~ of. four dollars; to from, anti to their homes, n.nd their visit 

:;J •• ""i.'· f. ·:.; ... -. .. .... J!;dward Biddle, for one section to his nt the se.nt of Government, together with 

. :'lrid.inn family at the fishing ·grounds, ~t the expenses of the trenty, inclnuing a 

-".J •. -. -· .. ~li r>to of three dollars : To John. Hoh· proper quantity of clolhing to he giv.en I .!i . ,, .- ':: <loy for five sections ofland to live persons them, will be pnid by tho United Stores. · . \i:: ... "' '•Oflhis Indian family, at.the·.rnte of one 0 ~RTICLE TmR'l'F.>:>I. Tho Indians 

:;,£ dollar ·· and twenty-five ··.cents; to Eliza. stipulate for the right of hunting on the 

.Cook, Sophia Biddle, and Mnry Holidny, lnnds r.cded, with the other usual privione section· of lru>d each, nt .two dollars leges ol occuponcy, until tho land is ... 

and fifty cents: ·;.To Augustin Harrie1in required for settlement. ')(_. .. 1..... . ..:... "!~:; .. ;-: ~;. _ · j unr,beinO'oflndiandesccrit, two sections, In testimony whercot~ &he saiU ·Henry 

at one do11ar and . twenty-five cents; to R. Schoolcraft, commissioner on the 

.William Lasley, ·Joseph .·Dnily, .Joseph partoftheUnit•dStntes,ru>d tho chiefs 

.Tror.ier, Henry A. Leno.ke, for two sections nntl delegates of the Ottawa ond Chip-

.each, : for their Indio'l n families, at one . pcwn ·.nations of rn,]inns h11.\·e heredollar and twenty-five cents : To Luther ·,· unto set their horals, at W.'I.Sh ingtoo 

Rice, Joseph Ln.frombois, Cha.rles·Butter- tP,c sent of Govcr nm~.: nt, this twentyfield, being of Indian descent, and to eighth c.lay of. Mnrch, in the year one 

George Moran, Louis ;" Mornn; ~ .. D. ·.: thousnndeighthundr'1:1lnnd.thirty-!o.i.x. 

Willinms,.for half-breed children under HJ':NRY lt SCHOOLCRAFT. : their care, and to !liel Marsa~, for his J oHN IIVLH F.HT, ~\ ~ J"C( lTY . ·,! 

.Oroun Aishkum, of :\Iasl.;ign, h1s marl< x ,. 

:>:: :..- > .• •. .. ::.:. .. ;. .. . _,Vassnngazo, of J o his mark x : · : : ·. · • . -. .• - ,. ~: , .;._., . r • • Osa.wya, of d0 hi~ lr~ nk .x 

: ... ·:: f. ·.) · ~ .. . -. ! :. -i;: ~ .; ·.: . · \.Yo.bi \Vi nJcgo, of lha.nd. river, his mark x .,\· 

~'3~~3 . ,~:.' · .. · .. ··· ... ,, .. ·.·,·::_._,::,',! __ ·1··;·-·:·.J· __ ._:. __ '._ •. .~._ .• -_~_:,~ •• :.·_·.·_ .. _ . •~ .• d;,.fllll~,snJ~m~,·~~. cM::ehei.~ol'fo· ··. :.· .. ,:_· _.,;uoo .·· .: .. . g::.:~;~- ~ . •.·.·.· •. 

.. 

~.:· .·-~.}~'. ~~ ;-; .. ,, : . ~ ... · ... ' .' , - . YY ~"" _ U 

.~: ~{~ . :L~h:: h. .. ~:~~ . 1· ~~:: ~ , . · f~: :: ) ;.r'i~~ ~,: \1::~ I} ~~~~~b~~1~; ~~:: :''(: ~~ 1

: , : c · , his ~~ark.x·. ; ' 
224 

:7 

Ainse, of Miehilimackinoc, his mark x 

-- :. Chabowaywa, of • · do ·: . . . his mark x Jnwb11 Wadick, of Sault Ste. Marie, · his mark x 

W11ub Ogeeg, of do . his mar~:ll;·: 

Kawgayosh, of do "' . · 

by Maidosagee, . Apawkoz~gun, of L'Arbre Croche, 

Keminitchagun, of · do : Tawaganee, of · · · do - · 

Kinoshamaig, of do 

Nagnnigobowa, o[ . do On1asino, of . Uo 

Mul.:udny 13enais, of d~ .. 

Chingassr.mo, ol do 

\i n.go bee, of Grand Tr~: 

Akosn, of do . 

Oshnwun Epenuysee, of do . 

)'' . · Luctu~ LvoN, . . · · ·· ; ·· 

R. P . .PAaaar, Capt. U. S. Am•y, · \V. P . ZANTZtNczn, Purs~ r U.S'. Nn.vy: 

... ·<. . ;.: ::: . 

JosiAH F. PoLK, . . · ~; : 

JoHN HoLIDAY, 

JoHN · Ao .DnEw,. 

Rrx r\.OBINSON, '' · 

LEONARD SLATER, . . . 

. Louts r.l01u.N :; . , . · :; 

/ ~ AuoosTIN HAMELtN,.jr., · · .:· 

:.:" HE~RY A. LEN.-\.K&, . ., . : ' •" . ~~ ; . . . 

• • . \.YILLLU•! LAHLEV, . . ::. ; -::;" : ... ,:: .. •:. :· 

GEoaGE W. \VoonwARD, ·· ,.; '':o .-o - .. 

...,..,: ·: 

:· ~ .. , 

.. his l)lal' k x 

hismMkx 

his .mark x · 

his n1nrk x 

. his mark x . his mnrkx 

~ mo..r k x 

h is mn rlc x 

hi:; l1(t :·k X 

his Jna:l;: ::-: 

his ma:- k x 

his mark ;: 

.'I,;' 

, 

C. 0. ERXATINOER. -; ·:~,i ; :ia :l -;J~ I 

. .

· .• _~·,·.~ ·.·· •... !.:,_·,_._ 

.. : .. :: :;;.;;):; ~ :O:t~ )') .n; :) ·· - . . ·.r.-.-: ··:: . ·!-: 

.Schedule referred tn; ;,. thiltnlh article. second class; and are entitled to .receive 

: .- :'!fh~fO~i~wing';hi~~-; ~s~~~ t~ ~h~ ~:;~;:. ~(!~hn:,~~h~Nri~l~i ~;~ --: ~~ ~-- first class, and IU'e entitled to receive five .bee, KewP.ytowaby, Wnpoos or the Rab- l. hundred dollars eneh, namely: On GrnuJ "bit, ·wabitouguaysay, Kewntondo, Zha- rive"r,!\-'H.lccuta.yOshn, Narrmtippy, Nawe· qtiina-:r, Naw1qua Geczhig of Flat river, 

qua. Geezhij! or Noon Day, Nabun E~ee- .Kenaytinunk, .. ·Weenongn, Pnb:\wboco, zhig son of l(ewnygunlxnvcqun, ·" nbi Windecowi!<S, Jriuccutny ~\ y or Hlack 

Wi~dego or the Whittt t~ nt , Cnw- Po.tri~ere, : Kayuotin . Alshcnm, · Boynapernossay or the 'V l'l.lker, n.lukuta.y Oquot shing, . Shngwnbcno . son of . 'Vhitc 

or Black Cloud, .Megiss Tniuce or \Ynm- .Giant, Tushetowun, lCe\v:\y Goo~ r..: ur n 

ptitn-man, 'Vinnimissa.gee.: .on the'_ P-Ins- _the former heo.d d~ief, · PamOSSlLy<r;L; at· 

kigo, Osawyn, _and Owun·:Aishc~tU'tJ '\t L' .. \rhre CrOchc, Sa.gitoflclov-la, ogirriau L'Arbre Croche, .Apnwkozi.'!nn: or Smo- W.ininee;_Megisa.wPa, ,11l~\d.4y Bennis i 

king \Yeed, Nlsownkeou~ Kcminechaw- : at.the Cross,-.i'lishcnjininec, Nnwamush- gun;- at : Grand Truvt:r.., · i~ qn~O"O n· : cot..-,., -_ Pab:~.mitabi , l{immewun, .Citchy 

~Feather ef Honor, (:fii\bwos- . l\locoman; at Grand Traverse, Ako-d 

sun, .l\Iikenok : on the Che"60igan, hin ~ . ·. St.'\, Nebnuquaum,KabibonoccP. ; o.t- Little 1 gassamo, or.· the Big·Snil ; nt Thumlcr- -'l'rnverse, Mis:comanuUngwa or . . Red bay; ~I je k.iwi ss i au the M1mistic Norrh ,· ButterJy, H:eczhigo lleriuis, ·Pamaniki -

Mukons .Ewyan j at Oak Point on the , )'long, :.J?i\imosscga; Oil_ t)1e _Chebo!gan, 

straits, A ins: at the Cheno9,C h~bownywP. : Chonees, or Liulc John; Sh,n,vcenosseat Sault Ste. Marie, lawba Wadiek and ·.gay·; :.on Thtmder _bay, .Sugnnikwato ; 

::' Kewayzi .Shawano·;:: ~t .. T acquimenoil, _, on .1\laski<ro, 'Vnssanga7.o; on Ossigo-

·-I!Wawgaypsh ; at Grnud Islfl:Ild, Oshawtut _. ·-.mica . or Pintte river, l{nigwnidosay j nt Eptmnysee, or the South nlrd. , . : · ,Manistee, Kcway Gooshcum : on nver :2.: '!'h_e followingchiefil constitute tpe· · ·· .. Pierre ll'la:rkeue, Snugima: at Suulte Ste. 

:.-.:.: 
225 

Mane, Neegaubayun, i\lukudnywacquot, 

Cheernd; nt c~rp river west of Gnmd 

isbnd, Kang Wyanais: at Mille Cocquin on the stnuts, Aubunwny: at :Michilimackinac, Missutigo, Sagano:5h1 Akku· 

kogeesh, Chebynwboas. 

3. The following persons constitute the third class, and are entitled to one 

hundred dolllllS each, namely : Knyshewa, ~enns~e oF Gun lake, I<:enisowny, . •:. ·--;; 0 ,Keenabie of Grand river: Wasso, 1\lo- _.,...Saniko, Un,vatin Oas ~um, Nnyog-irna, 

lta.w~chkochi, Nnnaw Ozomoo, G1tchy, 

-:•.Peendowl\ll or Scubbanl, 1\Iukons, Kinochimaig, Teknmosimo, Pewnywitnm, 

Mudji Keguabi, l{ewayuum, Paushkizigun or Big Gun, Onaausino, Ashquabaywiss, Negauni~bowi, Petosseg4y, of 

L' Arbre Croche : l'oiee3 o·,· Dwarf and 

Pamossay of Cheboigan: Gitchy Ganocquot and Pamossegay of 'rhunder bay : 

Tabusshy Geeshick and Mikenok, of 

Carp river south of Grnnd 'l'rnverse; 

Wapooso, Kaubinau, and Mudjeekee of 

river Pierre l\'larh.ltette :Pubobvny,ManitOwaba, and Mishewatig, of White river: 

8 

Shawun Epenaysee and· Agan~gee of 

. Grand Traverse : 11\licqumisut, Chus-<1_ 

co of Mackinac; Keeshkidjiwun, ·w nub 

.), Ojeeg, Aukudo, Winikis, Jnubeens, Mnidosagee, Autya, lshqua~;vunaby, Shaniwaygwunabi son of .1\.a....lmke, Nittum 

.,· Egabowi, Mngisanikwny, KeteL:ewegnu-

:;J.. ooway, of Sanlt Ste. ll!arie: Chcgouzhee 'fx . . .:. -»oand . Waubudo of Grnnd island: Ashe-

/ .. l..- .. ""=gonr,)Gnuwais, ·Misqnaonabyand Mon- f . _ ·. g~~ of' Carp nnd Chocolate rivers: Git- .. .. ... '' · -..,-cliy; fenats son of Grosse Tete, and .. , Wnnliissnig of Bay de Nocquct: !{nin-

... . waybekis l\IId Pa>hih: nywitnm of Beaver islands: Ncczhick Epen:Us of the 

Allee: Ahdanimn. of Mnnistic: Mukwy· 

on, Wahzahkoon, ·Oshuwun, Oneshannocquot of the north shore of Lake Michigan: Nagauniby and Keway Gooshku'? 

of the Chenos.. · ·· · ' · · .. · .. 

; : •- HENRY R. SCHOOLC:R~FT- ... ,. ::;. · Ccmvnn.s3llJ'nU. · .. 

SupplC"mental art-icle. 

To g_t.i<1.rd against misc~r:struction in some of the forecroinO' prov1s1ons, nnd to 

secure, by further Yimit;:nion~, the just 

rights of the lndillll~, it is hereby agreed: 

that no claims, under the ftfth nrcicle 

sha1l l:e nllowcd for any de!.:.ts contrt\cted 

previous t·) the late war, "t'1ith Grent Britain, o~ for r;oods supplied by foreigners to s~tid Indi:tus, or Ly citizens, y,·ho OiU 

!Jot withdraw from the country, during 

it• temr,ornry occupancy by forei!;n 

troops, fo1· any trade cnrried on, by such 

per~ons, c.htrin6 the said period. And 

it is nl::0 n~ret:d.: thr,t no person receiving any commutation [{11· a 1·e.servntion, 

or any portion of the fund proviued by 

the sixth article of this treary, shall be 

entitled to the l::encfit of any rart of the 

annuities herein stipulated. Nor shJll 

nny of the half-urccds, or blood relnti''"" of the snid tribes, commuted with, nntler 

the provisions of the ninth article, have 

my further claim on the general commutation fund, set t'part to satisfy reserv~tion ~ 

claims, in tho :mid sixth anicle. It is 

also understood, tha.t the pt:rsonal annuitiP.S1 stipulated in the eleventh article, 

shnll be paid in specie, in the same manner that other annuities nre p.Ud. Any 

excess of the fumls set apart in the fifth 

and sixth articles, shall, in lieu of being 

poid to the Indians, ·be retained and ve•- ted by the Government in stock under 

the conditions mentioned in the fonrth 

article of this trenti In testimony whereof, the partie3 above 

recited, haVe hereunto set their 

hand!';, nt 'Vashington the sca.t of 

Government, this thirty· first dny of 

Mnrch in tt>o year, one thousR!lu 

eight hundretl :md thirty-six. 

HENRY R. SCHOOLCRAFT. 

JoHN HuLBERT, Secretary. 

. .. ~ .. . . . . . ; ·; • .. , : Owun ·Aishkum, of Ma.•kigo, his mark x · · 

1i s mark x 

his mark x 

:1is ma.rk x ilis mnrk x 

his mark x · 

his m.-11k x itiS mnrlc x 

his mn.1k x ids murk~~ ... 

- RoBERT ST.e\VART, 

'ii.-.WM. MITCHELL, 

'.i; ; JOHN A. DREW, 

AuGUSTIN HAMELIN", jr. 

Ru.: RoBINSON, ) c .. · o. Eal\IATINGER 

.. W nssnngn:zo, of . do 

. Osawyn, of .. ·· do 

.Wabi Wi~ego, of Grand river, Megiss lnince, of do 

Nabun Ageezhig, of do 

Ainse, of Michilin>ackinuc, 

Chabowaywa, of do _ .. Jnuba Wadick, of Sault St. Mario, 

· -Waub Ogeeg, of ·do · .; ; ··.' Kawgay~b, of do .. ;,;-... .... · : •; :.c: . by Matdosagee, • :; · his mark x ....... .. }.~~ ~ 
226 

!I 

Apawko~igun, of L'Arbre Croche, 

Keminitchngun, of do 

Ta.wagnee, of do 

K.inoahemaig, of do 

Naganigabowi, of do 

Omasino, of do 

Muka.day Benai3, of do 

Chingnsoamoo, of Cheboiaan, . ·Aishquagonahee, of Gron~ Traverse, ~ .Akosa, of · do 

'·Oshawun Epenaysee, of do 

his mark X 

his mark x his mark x his mark x 

his mark x 

his mark x his mark x 

his n>atk X 

his mark x his mark x his mark x 

- -·~ 

Now THEREFOkE DE tT KNOWN, THAT I, ANDRE\V JAcKSON, President nf the 

United States of America, hnvi ng seen and considered the snid Treaty, nod the nr .. ticle supplementary thereto, do, in pursuance of the advice and consent of the S<:nate, 

ns expressed in their resolution .of the twentieth day of May, one thousand eight 

htmdred and thirty.aix, accept, ratify, .. nd confirm the same, with the fi>llowing 

amendments thereto, as expressed in the nforesnifi resolution ol the Senate. 

A;._TtcL~ Two, line t\vo, after the word "ttl\Cts, insert the following words, to··- wit: " for the term of live years from the date of the ratification of this traty, and no longer;" unless the United States grant them permission to rerru>in on said lands · for a longer period. · 

An·rtCLE TRRE£, after the word "tracts," in the second line, insert the fOllowina words, to wit: . 't-or the term of five years from the date of the ratification of this treAty, and no longer, unless the United States grant them permission to rerru>in on said 1311ds for a longer period. 

-. ~. 

ARTICLE Foua,-t the close thereof insert these words-" and also the sum of two hundred thousand dollars, in consider .. tion of changing the permanent reserva- tions in articles two and three to reservations for five years only, to be paid when- ever their reservations shall be .surrendered, and until that time the interest on said ·· · !1!j;f 

two hundred thousand dollars shall be annually paid to the said Indians,n :. }:! l ARTICLE FITE-;-Strike out the whole o.rticle and insert the foll<>win~: .:, " The sum of three hundred thous:md dollars shall be paid to the Sllld Indians to enable them with the aid and assistance of their ngent, to adjnst and pny such debt. ns they may justly owe, and the overplus if nny to npply to such other USt: "" they 

may think proper. · · 

ARTICLE E1oaT--Strike ont after the word uthe" where it first occurs in line two, to 

the word "States," in the eighth line, and insert in lien thereof these words--n South· west of the Missouri river, there to ~teet a suitable p1ace for the finot settlement of 

saitl Indians, which country, so selected, and of reasonable extent, the United States will forever guaranty and sec11 re to ~aid Indians.- ln the ErcHTHH .AR'rJCLE-Strike out n.ll between the word ~<itu in the elevt·nth lirw1 

and the word "when11 in th(> thirt ~nth line, and insert these worrls :-"'rL ~ nett 

proceeds of the sale of the Oil \' hnndred nnd sixty acres of land, upon th« (ir:mJ 

river, upon which the "lissionary Society h;we erected their bnihlings, shall oo paid to the said Society in lieu of the value of their said improvement.." . 

IN TESTIMONY WHEREOF, I have cn.used the senl of tho U0:Hed States to be·here-- unto affixed, having signed the Si\Rle wii.h my hand. • 

,, DoNE at the city. of'Wa..hin~ton, this twenty-seventh day of May, in 

the year of our Lord one thous:md eight hundr~d <lnd thirty.aix, and o[ 

the independence ol the United Stntes the •ixtielh. 

ANDREW JACKSON. 

By the Prendenl: ~ .. JOHN· FORSYTH, 

S•crelary of Slate . . ::: · ; ,. J..·:.· 

228 

HERE'S A COPY OF AN 1873 PLAT MAP OF ALLEGAN COUNTY SHOWING 

THE INDIAN LANDS .( 360 ACRES) THAT MADE UP THE GRISWOLD COLONY. 

NOTICE IT'S PROXIMITY TO BRADLEY. IN BRADLEY THERE WAS A LOT 

WHERE THE CHIEF LIVED THAT IS SHOWN ON THE MAP. THIS IS WERE 

OUR PEOPLE LIVE TODAY. THIS IS THE LAND THAT WAS TAKEN FROM 

US ILLEGALLY. THIS IS THE LAND THAT WAS HELD IN TRUST BY 

BISHOP McCOSKRY AND WAS PURCHASED WITH 1836 TREATY FUNDS AND 

WAS PROVIDED FOR SAGINAW. OUR TRIBE HOLDS 13 ACRES OF THIS 

LAND IN COMMON TODAY AND IS OUR RESERVATION. WE DESIRE TO 

RECOVER THE REST OR OTHER LAND IN LEIU OF OUR ALIENATED SOIL. 

:___..__ _ _.,. __ ~- -..,-,r------.-- 1 

I· 

- .! 
229 

LETTER FROM HENRY SCHOOLCRAFT TO LEONARD SLATER REGARDING INDIAN 

LAND FUNDS FROM 1836 TREATY. LETTER INDICATES THAT "IT WAS 

NOT TILL LATELY THAT THE PRESIDENT (MARTIN VAN BUREN) DETERMINED 

HOW TO APPLY THE MONEY. HE HAS NOW DIVIDED IT AMONG FIVE 

DENOMINATIONS OF CHRISTIANS AND THEY WILL TEACH YOUR CHILDREN 

" 

LETTER DATED JANUARY 8, 1838, signed by Henry Schoolcraft. 
230 

THE FOLLOWING DOCUMENTS ARE FROM THE NATIONAL ARCHIVES 

RECORD GROUP M234, Roll 423, pages 146, 147, 153, 168, 

171, 448, 450, and 451. 

THESE ARE LETTERS FROM HENRY SCHOOLCRAFT, MICHIGAN AGENCY, TO 

THE COMMISSIONER OF INDIAN AFFAIRS - WASHINGTON D.C. 

111 46, 4 7: 

Detroit April 4, 1838. 

Sir, 

In my letter of the 13th untime, I had the honor to detail 

the principal causes of dissatisfaction in the minds of the 

Grand River Indians, so far a s they are known to me, and so 

far as it is conceived that these causes are, in any just sense, 

att ributable to the acts of the officers of the department, 

or the Government •••••••• 

"Forty three years of official intercourse with the 

Chippewa, Ottawa, and Pottawatomis during which theyhave been 

in a constant state of change, has thrown a degree of obscurity 

abou t their treaty affairs, which does not attach to the 

negotiations with any other of the northwestern tribes. 

During this period they have often changed locations, 

fluctuated in population, united and separated, been recognized 

under different names, and stand in the treaty books, as 

partieseither jointly with each other, or with other N.W. Tribes 

to no less than 78 treaties. They constitute the leading tribes, 

speaking dialects of the Algie type of language, who, at the 

early period, spread themselves over the region of the lakes" • 

• • • • • • etc. 

#153, Cover sheet for report from Schoolcraft to Commissioner. 

#168, notes section 4 11Schools and Moral Instruction". 

#171,(excerpt, paragraph 2) 

"Bishop McCoskry of the Episcopal Church in this state, 

has had under consideration, the establishment of a school, 

a Mission for the tribes, and he executed a visit to the country 

to learn the wants of the Indians & to judge the feasibility 

of making a systematic effort for their improvement. With this 

gentleman, I have had several interviews, in relation to this 

subject and entertain a confident belief that no time, nor 

opportunity will be omitted to bring about the desired object. 

In all efforts of this nature, it is much easier to rush into 

indiscreet action, than a plan a aystem for instruction, which 

shall meet the manner of the Indians & secure, at the same time, 

permanency in the application of the means". 

Henry Schoolcraft 

Continued •• 
·ry,_y 

n-7/ .;t /'! ~r/''!,1/~11' . " 71 ~P{J 4 ""'"'':?/~~ •'1 '

,. . . -.;~ G-v7/ 1? -":?11~. ... · 7n7"J ~·~7 "'? 7 -. rW7' t-- 71 · up't(' ,,?:. ,• ~ ~~~'"7/ ?I anY~ ~ -1Tlar;>7" 'rf: , · ~nn7J'' ~ ..... n ~71 .-,..,-vl .. -.-.-7 ?J"J '7? r~;m~.z ~p 

--n>-l/YJ..J;l w:'-'7 . /! '...--~~ryt'~y,; . "7/f' .... ,. _ qf ~~~gf 

"'! 1-y,~n/ r ~~ . '77171 w,-? ... /{ J·nn,% 7~ 7nn/7)l - / -~ ~-if' 7/"'~ n~-?·>J"/ 7' -/7 ~~ ~17 p 'o/1 ~ ry~ '7_-n-W(7"1? F-''77...../'"V 

7l 7~:,w_,_,, v 7:::7-rr 7l r;J:,rry rn7 ~ '77 .

~IJ ~ 7".77~ '>7Jlll " r ~-~~ /' 'hTl/f. rJf' 7?71V-,/n~ . 

~rvllJ! 'r""'"''lliJ r->?J -n?J 7.~ ,tv;t.:np f ?-j 77F7!7'Jf 

'p· ?"~'-.o/'?' w~ 77 .-n7~ ft '7"777/'T/1 ft 7'7''1 "ff 

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Z&Z 

234 
235 
236 

#448, (excerpt) paragraph two, 

The application of the funds assigned by these tribes for 

the purposes of education and missions could, it was thought, 

be best made, through the intervention of organizd boards, 

devoted to similar objects. And a division of the sum anually 

applicable for 20 years, was made among the five principal 

religious denominations of the country, including the Roman 

Catholic Church. The result of their efforts with these tribes 

during the fiscal year is shown by abstract c ..••.. "etc. 

#450-51 (excerpt, begins with paragraph two) 

"Bishop Me Coskry of the Episcoipal Church reports under 

the date of July 30 th that thefund committed to him has been 

and is in the process of being applied to the object with good 

prospect of success. In several councils held by him with the 

Ottawaof th Grand River, a part of tha tribe ~onsented to 

concentrate for the purpose of moral and religious instruction 

under his supervision. He has subsequently appointed the Rev. 

Mr . Selkrig of Niles to take the immediate superintendance of 

the school and make the necessary pruchase of land and construct 

buildings. Under this authority 160 acres of land has been 

purchased in a favorable situation, and the necessary contracts 

were made and it was expected the school would be in operation 

in a very short time. Every confidence is felt that the trust 

committed to him will be faithfull executed. 

"EVERY CONFIDENCE IS FELT THAT THE TRUST COMMITTED TO HIM WILL 

BE FAITHFULLY EXECUTED". (excerpt and highlighting added) 

#140 National Archives 

M234, Roll 424, page 140 

Transmittal of funds from U.S. to Me Coskry from the 

Agricultural Fund in the year 1840. (Copy of letter attached). 

Henry School.craft 

II 263 

GENERAL STATEMENT OF THE Indian population within the limits 

of jurisdiction of the Acting Superintendency of Michigan, 

September 30, 1840. 

"SOUTHERN OTTAWA, LOCATION, SOUTH OF THE GRAND RIVER, 

POPULATION (estimated) 150, 

(document attached). 

# 265, list of tribes, including GUN LAKE BAND, OR GRISWOLD, 

AND NOTATION OF ADDITION BY: 

Compact of June 5, 1838. 

(document ant note attached to assist in reading it.) 
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6SZ 

\~}1* 
,.-:,.,-~~,.­

, 

-·· 

240 

-·· -. ~ 

.. 

-.. ---·--
The Gris

Sometim

On U. S. Highway 

aLout midway betwe

County a country road 

small sign beaB the m

ward. No doubt man

intersection and observ

aware of the fact that 

to the Church in tlai.s 

of the man who was 

at the time of its creat

lake, a scant mile and 

Griswold Mission to 

effort in Michigan to w

In 1836 the Unite

and Chippewa. Nations 

the United States all t

the c.oun;e of Grand R

and thence north.east

the prt:!e~t city of Alp

aula. In return for the

for a period of twent

equal amount yearly f

agricultural advancem

entered into negotiatio

Affairs in Michigan, 

certain) with the purp

direction of the Epi!CO

ment under the terms 
Ci66 THE DIOCESE OF WESTERN MICHIGAN 

tho early months of 1839 Schoolcraft appropriated to Bishop McCoskry the 

aum. of Sl,lOO annually until the expiration of the treaty for the establishment 

and operation of auch a DJ.Wion. By the time of the Dioces01o Convention, 

]Wle 7, 1839, the Bishop had already appointed the Rev. James Selkrig to 

auume charge of thf' proposed mWioo under his direction. 

The Rev. James Selkrig, who t.bus became the active superintendent of 

the mis!ion had come west from western New York State in 1834 with 

Palmer Dyer, pioneer priest of the Church in Illinois, and sellled in Niles. 

At Niles he founded and built Trinity Church of which parish be remained 

as rector until the 4oll of 1838. He "bad also for a abort period conducted 

sen ices at St. Joseph, though it cannot be said that he founded a Church because 

after hi5 brief service there the work waa not resumed for many yeus. Early 

in 1838 be had accepted an appointment from Bishop Jacbon Kemper u 

miuiooary at Elkhart, Goshen and Bristol, Indiana, but he had made but 

one circuit of the3e towll5 when be received and accepted a call from Bi!bop 

McCoakry to return to .Michisan to establish the Indian 1\<lission. From that 

time until the mission was finally abandoned by the Church, some forty years 

later, the a tory of the misl!ion was the story of his life. 

The project fini assumed the semblance of reality when on 1 une 22, 

1839, Sclkrig acquired the following Ianda in Wayland ToWllship, Allegon 

County, in the name of the RL Rev. Samud Allen McCoskry of the City 

of Detroit: by 'location,' the S.E.%, of Section 20; by purchase from Lawrence 

Van do Walker and Sarah W. Van de Walker, his wile, both of Kalamazoo, for 

SOOO, the w01t ¥.. of the N.E.'U,, the East 'h of the N.W.'U,, and the N.W.'/• 

of the N.W.JA of Section 28. The land thus acquired comprised in all360 acres, 

200 acres on Sec. 28 and 160 acre! on Sec. 20. Its location today may be de· 

scribed as south and east of the village of Bradley; indeed the northwestern cor· 

ner ol the property is less than a baU mile !rom U.S. 131 at Bradley Corners. 

It ehould be noted here that the mission property did not touch the shore 

of Selkirk Lake as has been frequently stated by some writers on the aubject.· 

The S.W.'U, ol the N.W.'U, ol Section 28 was purchased from the Van de 

Walkers by James Sdkrig personally in 1840, and ten years later he added 

to his property the entire S.W.%, o( Section 28, lhus gaining personal title 

to the northern end and shore o( the lake which today hears his name. 

During the summer ol 1839 Selkrig cleared a part ol the land on the 

S.E.'U, ol the N.W.'U, of Sec. 28, built a house, nnd moved there with his 

family. The house became and remained tlte center of the mission's life. 

The actual work began in November, 1839 when the first Indians moved 

to the lC3ei'Vation ; a band o( Ottawas numbering about 80 or 90 persons, 

under their Ghief Saginaw, who had been living for year! on a peninsula on 

the east abore of Gun Lake in ·Barry County, now occupied by the Hastings 

Gun Lake Association. On November 10, 1839, Selkrig held his first service 

for the Indians, at which he was assisted by Maubese, an educnted Ottawa, 

who acted aa interpreter. Thus began in reality the Griswold Mission to tlae 

Ottawas, for •Griswold' was the name given to the Mission by Bishop McCoskry 

THE GR

in honor of the Rt. R

Diocese and at that tim

The period of th

1839 to 1855 when the 

tinued sporadically for 

included not only reli

the Indians, but also t

Needless to state these 

man, however vigorou

that he was in his 49t

he undertook his: new 

and courage. Many 

course of the next t

in a practically unbrok

and outlook, the obst

white population abou

the Oturch that he re

o( !UCCess. 

From the beginni

to the Christian religi

at the end o( the firs

four adults amongst v

to 1856 there were pr:

and children. From 1

in the Diocesan Jour

Indians who were co

to have made only tw

candidates to the Sac

early yesr.. his great

especially at the times 

-a habit upon which 

ncu, a general disincH

and even incest, were a

encountered _in his ef

people eommitteed to 

and another of llJe m

Selkrig apparently was 

that front that time th

after Selkrig reported 

and by the end of th

were apparently Chri!

Church sen·ices 

mission's actiYc existe

and after 1844, when 

"'lission House itself, 
663 THE DIOCESE OF WESTERN MICHIGAN 

Morning Prayer, EYening Prayer, and the Ante-Communion were translated 

into the Ottawa language by a 'Mr. George Johnston of Grand Trovetlle Bay' 

and authorized by Bishop McCoskry lor use at Griswold. In 18.51 the Bishop 

~ecured an organ for the chapel nnd a bell wu provided by Dr. Francis 

Cuming, Rector of St Mark'• Church, Grand Rapids. 

The progren of the 5ehool, which wns begun in the fan of 1840 and 

contiDued to 1855 or 1856. was never very great, although there is evidence 

that two or three of the Indians from the mi!sion school were later recognized 

by the white! as 'educated.' It b doubtful that the instruction was ever 

carried beyond the most elementary subjeeb; for the main purpose appears 

to have been to provide the Indian children with sufficient equipment to speak 

and write English in a simple fashion. The Rev. Mr. Selkrig probably did the 

teaching Wmself during the .fitst year. For one period at least tht supervision 

of the school was in the hands of a Government superintendent who was 

nl!o in charge of or.e or two other schools in the vicinity, including the 

Baptist Mission at GuU Prairie, and tl1e teacher-s appear to have been appointed 

by him. For a time one Joseph, an educated Indian, was the teacher at 

Griswold, but in 1846 or 47 he was reploced by Mauhese, Selkrig'!\ interprete r 

who continued to serve the mission until l1is death by freezing in February, 

1856. Jn 1849 or 1850 a female assh:tnnt W3S added to the ~taff for the 

purpose of lcnching the girls to sew; I his may hn,•e been a certain, 'Miss 

Corbin,' mentioned in some accounts of the mission in some late .19th century 

documents. Still later, Jam~ Selkrig, Jr., who had grown up at the mission 

and spoke the Ottawa longue, ass}sted with the teaching. The educational program was at first impeded by the annual exodus of the Indian, in the fall 

nnd winter for the pur1•ose of making maple sugar; but after the first ten 

years nttendanee was somewhat more regul.!lr. The a\·ernge number of scholars 

was about 17, and at no lime did it exceed 25. 

The farm program appenr.s to have been carried out with !Omewhat le!s 

difficulty than tl1e work of education and evangelization; land :was cleared 

and planted rather speedilr after the first year. It is true that the Indians 

at first showed more of a di1position to obtain their necessary wants by 

Jmnting than by tilling the soil; but probably because the increasing number 

of settlers eventually over·ran their hunting grounds the necessity of providin& 

themselves with food forced them to give more attention to agriculture. The 

mission farm was at fint run as a communal enterprise with all sharing in 

the work and in the products of the land. A5 early as 1842, however, Selhig, 

acting with the Bishop's approval.. divided the land amongst the families and 

each was presumably expeded thereafter to support himself. The missionary 

guided and directed the Indians in their farm work, and there is little doubt 

that he himself provided much of the labor expended in wresting a living from 

the ooil. Selkrig .. -as at lint .,.ioted on the farm by Ne!.on Pollard, a young 

man whom he had brought with him from Kalamazoo when he moved to 

the mission property. In the summer of 1843, however, one Slephen Fair· 

honks was appointed •Assistant Farmer to the Ottawa and Griswold Colonies,' 

THE GR

i.e. be was to assist in 

Baptist Mission farm a

tinued for several years

With this supervision 

their needs from the 

though it ean r;carcely 

In 1855 the assis

n.nd a new treaty was 

right ownership of lan

lndiaos took advantage 

ward. A fe,,. families

own homes and were 

stiU theirs; for Bishop 

not as the property of 

With this exodus 

came to an end. When 

1\·lcCoskry's interest w

for some time, for: fr

during this period tl1e 

made reports to the O

he stated to his Conve

he may have done tha

From the beginning th

missionary, and in 18

Churchmen in assum

Church institution. 

Within len years

la.nds in Oceana Cou

James Selkrig lived o

died at the age of 8

Indians, and when he 

ministrations such as 

Dioct!'e of Western 

three occasions, but b

at Griswold and the 

children. Eventually 

lost to the Methodi

Samuel Allen McCos

County, and the mi

right to nineteen d

practically all of the 

failure to pay their ta

original band, Jiving 

and a weed·grol'ID. c

to the Ottawas. 
244 

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245 

RECORDS FROM THE NATIONAL ARCHIVES 

M-1, Letters Sent, 18 3 6-51, Volume I, Michigan Superintendent 

at Mackinac Agency. 

Letter 510. 

From Acting Superintendent Indian Affairs Michilimackinac June 

18th 1838. 

Sir: 

I have the honor to enclose to you, a compact entered into 

with the Grand River Ottawa referred to in my official report 

of the 12th instant, which has, this day, received the assent 

of the other Indians. The line of d emarcation established for 

fiscal purposes, so long as the Indians reside on the lands 

ceded, is a just and proper one, and by equali z ing the burden 

and expenses of the annual journey, be tween the respective bands, 

has given satisfaction, and, together with the other incidental 

provisions of the compact and the mutual explanations which 

the conference have produced, will have a beneficial effect 

in preserving a good understanding with these tribes. 

The following is a brief synopsi s of the compact. Section 

first fixes a line of division, by definite geographical 

boundaries and bands, which cannot be mistaken; and section 

second determines the proportion of the annuities in coin which 

the respective bands are to receive. These provisions will 

enable the paymasters at Grand River to prepare their pay rolls, 

without respect to the annually varying population, in the other 

district. The third section carries out, the principal with 

respect to tobacco, salt, and other annuities. An equivalent 

in money, is agreed to be paid to the Grand River Indians, in 

leiu of barrels-an article which these bands, do not require, 

as they take no fish. 

Heretofore no treaty of friendship has ever been established 

between the United States and these Indians ••• 

GUN LAKE BAND ADDED TO GRAND RIVER AS A RESULT OF THIS COMPACT, 

OTHERWISE KNOWN AS GRISWOLD COLONY, (See M234, Roll 424, page 

273). 
246 

---~J. /to ~-, /t. /,c' '.!:'~(____!:_~k!,~~~.__g_~~~~~~----=~--~ 

/,. I I· 
247 

THIS DOCUMENT IS PART OF A SCHEDULE FOR ANNUITY PAYMENTS AUTHORED 

BY HENRY SCHOOLCRAFT, ACTING SUPERINTENDENT OF INDIAN AFFAIRS 

FOR MICHIGAN. THE HEADING READS: 

STATEMENT OF THE NUMBER OF OTTAWA AND CHIPPEWA INDIANS 

WITHIN THE AGENCY OF MICHILIMACKINAC WHO ARE ENTITLED TO RECEIVE 

ANNUITIES UNDER THE TREATY OF THE 28TH MARCH, 1836, DESIGNATING 

THEIR NAME, NUMBERS, LOCATION AND RULING CHIEF OF EACH BAND 

FOR THE YEAR TERMINATING 30TH SEPTEMBER 1840. 

listing of tribes, etc 

X 

X 

X 

X 

X 

X 

X 

X 

X 

THE LAST TRIBE LISTED IS THE GUN LAKE BAND, OR GRISWOLD COLONY 

CHIEF SAHGENAW, 13 MEN, 14 WOMEN, 41 CHILDREN, 68 TOTAL PERSONS. 

UNDER REMARKS: 

"COMPACT OF JUNE 5, 1838" 
248 
249 
':tAui!AnF-.; '!It(}',;_,< 

~:4 f··j, ':,_ J~ 

~1! ~i ·, . /p 

I ' . 

/ 

/ 

~....:...u 

. '1~ 

\'!' ~,u ~pI fi& ') rr 

·-.. .... 

THIS IS A COPY OF THE FIVE DENOMINATIONS SELECTED BY 

DEPARTMENT FOR THE COLONIES. IT IS FROM THE NATIONAL 

FROM A REPORT SIGNED BY HENRY SCHOOLCRAFT . McCoskry 

not yet implemented and then thought to be placed in 
251 

M234, Roll 425, document# 191, National Arch i ves, Report from 

James Selkrig, Griswold Mission, to T. Hartley Crawford. 

Miscellaneousinformation about Griswold School including 

financial arrangements, where he states that: 

GRISWOLD MISSION 

LOCATED IN ALLEGAN COUNTY, State of Michigan, etc, 360 acres 

(with general description), and "This Mission was located in 

July, 1839, by the Rev. James Selkrig, acting under the direction 

of the Rt. Rev. Samuel Allen McCoskry, Bishop of Michigan-and 

supported entirely by the Government of the United States. 

The name of the Post Office is called Kalamazoo". 

SHOWS OTTAWA, POTTAWATOMI AND CHIPPEWA MEMBERS BEING SERVED. 
252 

~ 

~ _k,~'J.- : ~. 

' "---

~. 

~ 

\v--

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'S---

('('-.. 

~ 

~ 
253 

..,.,..., . ..,._.·#'~~~ ~~~~~~ · ·. . . . .. ·-

84-978 - 95 - 9 
254 

THIS IS A LETTER OF BILLING FROM THE AMERICAN BOARD OF FOREI GN 

MI SSISONS IN BOSTON SHOWING THAT FUNDS INDEED FLOWED THROUGH 

THEM AND THEY IN TURN PAID FOR THE DEVELOPMENT OF THE SCHOOLS FOR THE INDIANS INCLUDING GRISWOLD . AFTER 1843 GRISWOLD·FUNDS• 

WERE ROUTED THROUGH C.C. TROWBRIDGt PO DETROIT, A FRIEND OF LEWIS CASS, WHO INTERVENED IN A DISPUTE AND MADE SURE FUNDS 

GOT TO THE GRISWOLD MISSION IN A TIMELY FASHION. ,:. 
255 

-

THIS LETTER IS -ENCLOSED WITH TESTIMONY,t'O SHOW THAT C.C.TROWBRIDGE 

HANDLED THE AFFAIRS OF THE GRISWOLD cdiONY INSTEAD OF THE 

AMERICA~ FOREIGN MISSION BOARD OUT OF BOSTON FOR THE BIA AND 

THE GU~AKE BAND. 
:· . :· \, .. :·. r.,.! 

256 

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ce"'""""· •- • -• o • uo .. ,,. __ --· ., . , •?~··~~.,....~..,....,.....--...,.....,..,..,.....,.._,.._....,...~~~-~ 

THESE ARE PAGES FROM NATIONAL ARCHIVES OF ANNUITY PAYMENT 

FOR THE YEAR 1839 WHICH SHOW THE GUN LAKE VILLAGE (GRISWOLD) 

BAND AND THE NEARBY OTTAWA COLONY WHICH JOINED GRISWOLD AFTER 

1853 AND ARE NOW AMONG OUR COMMUNITY ANCESTORS. 
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259 

EXCERPTS FROM 1853 ANNUITY ROLL OF GRAND RIVER OTTAWA SHOWING 

THE GRISWOLD COLONY AND THE OTTAWA COLONY GROUPS. BY THIS TIME 

THE GROUPS HAD MERGED WITH THE BULK OF THE OTTAWA COLONY MOVING 

TO THE GRISWOLD LAND AND TAKING PART IN THE INSTRUCTION AND 

THE ACTIVITY THERE. 
260 

Couy fro"' uhotostatWE: THE CHIEFS, Headmen, Heads of li"ll!!lllies and :ndivl.duals ,.ithout 

f'.l"'l.Hes o! the OTTb.WI; tribe of Indlans 11'lthl.n the :.a chl.g;an 41!;enoy of 

'the United StAtes Indian Detonrtment do hereby acknow1edo;e the reoei?t. 

and ye.yment to us by ~enry C. Gllbe rt Ir.dl.an· ~ent (in dl. at ribute 

s'ls.res of ~1. 3 7 dollars each) of the su., .o! ONE THOUSIIND and SEVEN 

HUNDRED DOLLARS in coin, l.r: the sev'!ral sums npt.oended to our resvec- tive n!IJiles; l t bel. no; ou r ;..rotoortion or the ~.nnuity due the said trl.bll, 

for the Y~llr 1~53 unn..P.r the treaties or lu. ~. 3, 17Cl5 - Nov. 17. 1~07 - Seu. 17, 1~1~. and 4u~. 2q, 1~21. 

SH~ .E.: 11.37 - - - !OUNT 11 . 700 

F" !'l< s Thorn IIJ.,yle Bo.nd No.1 

F:r ~ l'hv rn il.Dt.Jlf' Bond No . 2 

c :·'::11. R:,t.Jids s·nd ~,,,,)u ;;·""! fhc.• !"n ~tJlP- O'"'nd 

F t.:.T; :··r ~r B~nd 

E \' !"''ncr J":.L.:lt RivPr B~nd 

(:·nl c;:h i; P, !"''lue IS 3 .,Od 

'"J}.~ R\ VP. r B"nd 

Forx.a Gr~nd &ver .D•ntl 

FiSh Creell B"nc\ 

Ul!sherneneoon' s !!~nil 

~ • l d C on • d 

F:>rt Vill".Q;e B•nd No. 1 

F" rt Vl.l1 o.;;e B~nd No .2 

_g.t.t o.•rn .CSlony Bnnd 

Thorn lu.lple River B"nd No.1 

Thorn Ai.Jt.J1e River Bond No.2 

A;?;·>; r eq;n.tes 

31 

55 

~~ - - _6l - 1.237 . 

47.7~ 

75·35 

J..l3.n y.62 

('!~,_}1 ------ l1~700.00-

·--·---··--·--..... - , .. .. --.. -·------·----------.. ·- ·------
261 

CotJY fro!!! ~.>hotostat~· 

w~: rHt CHI'!:FS, Headmen, Heads ot r&JD~uu and Indiv~dual• "'~thout h"11lles of the OTTft.Wo\ tribe o! Indiana •lthin the :.aoh~~~;an lQ:enoy of ·the United St~ttes Indi11n De1.1nrtraent do hereby acknow1ed~~;e the recel.tJt ant\ ys.Y'!!ent to ue by Henry C. Gabert Indian "-ent (in distribute • s'la.res o! IP,. 37 d<J11ars each) of the su"' :or ONE T!-!OUSIIND and SEVEN 

HUNDRED DOLLft.RS in C<Jin, in the sevP.ra1 sums ll'fJIJendet\ to our res'f,lee- ~ve names: it bein ~ ou r 'fJrolJortion of t he •J'lnuit:/ due the said tribe, 

fo r the Y~llr 11"o')3 un~ P. r the . treaties of Au~. 3, 17'l'5 - Nov . 17, 11'107 - SPtJ . 17, 11'-11'\, p.nd .flu~ . 2'l, 1&21. . 

SP.~ .E 11 . 37 - - _ _:: :_:>V_N 'l' ';1. 7~ __ __ ----~· 

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1 . 'P~y se . Ch ief _ x 

2. · ShA.'" "De qu<J n~ x 

3 .. Pe naY se "'B.'" '::>R."' no x 

4 'Pay she nl.n ne x 

'5.· J,~ ., .,. beece x 6 Ch.i lJ'fJe ••a•• x 

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Ki n nP.ece x 

~~m~ x Ch h •tJe•'A.Y X 

h~··· r.•P. m nRy ~p. t hl ~ 

l.i sh k e ba"' >;a"' sur.o; 

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t!uh t P:V quot 

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- - - - - - - - - -
263 

HERE IS A COPY OF THE 1855 TREATY. THIS IS THE TREATY THAT 

THE POTTAWATOMI AT GRISWOLD WERE NOT SUPPOSED TO HAVE TO TAKE 

PART IN BECAUSE GILBERT AND MANYPENNY (agent and Commissioner, 

respectively) HAD AGREED AND ORDERED A SEPARATE TREATY FOR US. 

OUTCOME: 

MANYPENNY LEFT THE COMMISSIONER JOB IN A HURRY; HENRY 

GILBERT WAS REMOVED FROM OFFICE IN WITHOUT EVER COMPLETING THE 

TREATIES FOR THE GRISWOLD, AND HURON POTTAWATOMI. 

ON THE 31st OF JULY, 1856, ONE YEAR AFTER THE TREATY WAS 

NEGOTIATED THE AMENDMENTS WERE SIGNED. PENASEE, SAGINAW'S HEIR 

APPARANT AS GUN LAKE BAND CHIEF DID NOT SIGN THE TREATY. THUS 

WHILE THE GRAND RIVER OTTAWA ELEMENT OF THE GRISWOLD COLONY 

SIGNED, THE CHIPPEWA, AND THE POTTAWATOMI DID NOT. THIS IS 

IMPORTANT BECAUSE THE UNITED NATION ASPECT OF THE OTTAWA, 

POTTAWATOMI, AND CHIPPEWA, WAS NOT EXTINGUISHED BY THE TREATY 

OF 1846 IN MICHIGAN. Thus some of the ottawa removed north 

to take land selections in the early 1870's and others stayed 

behind on the land at griswold until it was taken from us by 

court action. 

THE COURTS HAVE RULED THAT SUBSEQUENT TREATIES CANNOT TAKE 

AWAY THAT WHICH HAS BEEN GIVEN IN AN EARLIER TREATY WITHOUT 

IT BEING DULY EXPRESSED. OUR LAND WAS GIVEN BY THE 1836 TREATY 

AND THE COMPACT OF JUNE 5, 1838, AND WAS NOT EXTINGUISHED BY 

THE TERMS OF THE 1855 TREATY. 

LVfCAN FIND NO DOCUMENTS OR REFERENCES THAT SHOW THAT THE GUN 

LAKE BAND, OR GRISWOLD COLONY, THE CHARACTER OF WdiCH WAS 

P8TTAWATOMI, OR LISTED AS SOUTHERN OTTAWA, SUBJGATED ITSELF 

wN A LEGAL SENSE TO THE LEADERS OF THE OTTAWA COLONY EXCEPT 

IN A VOLUNTARY COMMUNAL SENSE WHICH WAS OUR LEADERSHIP PROCESS 

WHERE SHAPQUOUNG SERVED AS OUR CHIEF IN OPERATION OF THE AFFAIRS 

OF THE GRISWOLD COLONY AFTER THE OTTAWA COLONY ATTACHED 

THEMSELVES TO GRISWOLD. IF PENASSEE WOULD HAVE SIGNED IT WOULD 

HAVE MEANT-THAT (GRISWOLD) WAS PART OF THE 1855 TREATY. 

Tll:U:TY WITll TD OTTAWA AD ClliPPliWA, 1866 . 

.Art~la of avrMm8nt and conwntion 77I<UU and cont:ltsd4d at t/u, city of Joir 11 . , .. , . 

.Detroit, in t/u, Seau of .Hid.igan, thu tlw thirty-ji,rlt d4v of Jvly, ns~a~ 121. 

'""'t~d eiglt.e /oundrod andfifl'!l:ftw, He......,. O«>r9• 1Y."' Kany· 1.:0."" "•"' ·~ p_m1.ny and Hmry_ C. Gi!JHnot, comm~1 on tlw pa_rt o_f tia• ~J.J....-'•pt.I O, 

UnU.d Statu, a~d th. OttaVXJ and Chipp.VXJ India,.. oj' Jfach.i9an, · partiM to t/u, t.-.aty of Karel• !8, 1836. 

In vie" of the existing condition of tbe Ottowu and Chippewas, and 

of their legal and equitable claims against tbe United States, it is 

agreed between tbe contracting parties as follows: 

ARTICLE 1. Tbe United Statu will withdraw from sale for tbe bene - :.f;:ch7•1n ·~~t~D 

6t of &&id Indians s.s hereinafter provided, all the unsold public land• .,:~;;:,: Mlo. • 
726 

264 

TREATY W ITH THE OTT&WA .AND CHIPPEWA , 18S5. 

with!n the State of Michigan embraced in the following del!Criptions, to Wit: 

ro• u .. of •• • •'• Fint. For the use of the •ix bands re.oiding at and near Saulte Ste . . ::~~'s.!~ J.:'~ ..... , Marie, sections 13, 14, 23, U, 25, 26, 27, and 28, in township 47 north, 

range 5 west; sections 18, 19, and 30, in township 47 north, range 4 

west; sections 11, 12, 13, 14, 15, 22, 23, 25, and 26, in township 47 

north, range 3 west, and sectiun 29 in to"lll'llship 47 north, range 2 west; 

sections 2, 3, 4, 11, 14, and 15 in towoabip47 north, range2 eaat,and sec· tion 34 in to"llt'llahip 48 north, ra!IJtll 2 eut; aectiona 6, 7, 18, 19, 20 28, 

29, and 33 in township 46 north, raup 9 eut; eectiooa l, 12, and 13, 

in township 46 north, range 1 eut, aiid section 4 in to:-nabip 44 north, 

range 2 eaat. ,.., "'• ... cf ••• Becond. For the use of the banda who wish to reside north of the =~ .'l".7!:.f.:.i•• Straits of Macinac townships 42 north, ranges 1 and ll west; toWl!· 

ship 48 north, rau~ 1 west, and townahip 44 north, range 12 west. Por ••• .... ., ~>- Third. For the Beaver hland·B.nd-Htgh bland, and Garden laland, w.• ..... in Lake Michigan, being fractional townships 38 &nd 39 north, range 

11 westr-40 north, range 10 west, and in part 39 north, range 9 and 

10 west. Po• .,..,..,. Dlh•• Fourth. For the Crose Village, Middle VillageJ.L'Arbrecbroche and ..,..._ Bear Creek banda, and of such Bay du Noc and .tJMver laland Indians &8 m&y prefer to live witb them, township~ 34 to 39, incluaive, north, 

rRnge 5 west-towoahips 34 to 38, inclusive, north, range 6 west-town- • hips 34, 36, &nd 37 north, r&cge 7 west, and all that pert of township 

34 north, range 8 west, lying north of Pin•l J:i, .. ,,. . .... ..... w ho .,.. Fifth. For the bands who u•uall y 1\S." lll .bk \•r pnp neut RL Grand =~~:: ~~ nd Traverse, townships 29 , 30, and 31 no rth, rtuthC 11 WP.Mt., aod town· sbipoi 29, 30, aod 31 north, rango 12 west, aod the ..at balf of towo· ship 29 north, r&nK!! 9 west. •tb• • Rl w Sixth. For the Grand River b&nds, township 12 north, range 15 ...... weot, and townships 15, 16, 17 and 18 north, range 16 west. 

Po• ••• Cheborra• Seventh. For the Cheboygan band, townships 35 and ;!6 north, range b&Dd. 3 west. 

"'' ... ·r••o••• Eighth. For the Thunder Bay baud, section 25 and 36 in township 30 Bar bond. north, nnge 7 eaat, &nd section 1!2 in town•hip 30 north, rango II eut. Pw<:bue 'fo• ...,., Should either of the bands residing near Sanlt Stc.>Marie determine ;.'!~ -;;!:" ,.':'.., = to locate near the lands owned by the missionary sOCiety of the Meth· ,.,.., " 1 ' 0 •••" odiat Et>iaooP&i Chureb at Iroquois Point, in additioa to th011e who Poln~ cow reoude tliere, it ia agreed that the United Statea1riJl ,J>ard>aae u 

much of said Ianda for the uae of the Indiana as tbe OIOClety may be 

willinr to 11811 at the usual Government price. o .... oi W.do 10 The United States will give to eacli Ottowa and CbipJ:18W& Indian .... Io4W>. being the bead of a family, 80 acres of land, and to each amgle person over twenty-one years of age, 40 acres of land, and to each family of 

orphan children under twenty-one yean of age containing two or more persons, 80 acree of land, and to each single orphan child under 

tweuty·one years of age. 40 acres of land to be sefect.ed and located 

within the several tracbl of land hereinbefore described, under the 

following rulea and regulations: se~eetlon. • o. Each Indian entitled to land under this article may make his own ....... selection of any land within the tract reserved herein for the baud to which he may belong-I+ot.ided, That in case of two or more Indiana 

claiming the same lot or tract of land, the matter shall be referred to the Indian agent, "'ho a hall examine the C88l3 and decide between the 

parties. u.toflb .... nutled For the purpose of de~ermining who mlly he entitled to land under. 10 ........ "' the provistons of this article, li3ts shall be preps red by the Indian 

agent, which Hate shall contain the names of all perso!l" eutttled, designating them in four cla.ssea. Cl8.88 1st, shall con tam the names of 

heads of f*milies; class 2d, the names of single persons over twenty- one year• of age; class 3d, the names of orphan children under twenty· 
265 

TREATY WITB TBE OTTAWA AND CBl PPEW .I., 1855. 727 

one years of age, comprising families of two or more persons, And 

cl ass 4th, the oam•s of single orphan children under twenty-one years of age, and no person shall be entered in more than one claas. Such 

liots shall be made and closed by the first day of July, 1856, and there· 

after no applications for the benetits of tbia article will be allowed. 

At any time within five years after thfl completion of the list.!, selec· .. ~~·"'~r.;.,:•re ~ 

tioos of lands may be made by the persona entitled thereto, and e. , ..... notice thereof, with a description of the land selected, filed in the offiro 

of the Indian ngent in Detroit, to be by him traDBmitted to the Office 

of Indiari Affairs at Wubington City. 

All yectiona of land under this article muat be made according to the , ':;,.:;' ';::1'~~! 10 

usual subdivisions; and fractional lots, if containing leu than 60 acres, me.y be regarded M forty-acre lots, if over sixty and leas than one 

hundred and twenty acres, aa eighty-acre lot.. l:leleetiona for orphan 

children may be made by themselves or their friend.ll, subject to the 

approval of the agent. 

After selections are made, aa herein provided, the persona entitled t'-'

0 " ••r "" to the land may take immediate poeaeaaion thereof, and the United ,. •• ••o•••· States will thenceforth and until the iaauing of patents as hereinafter 

provided, hold the aame in trust for such persona, and certi6cates shall 

be issued, in a suitable form, guaranteeing and securing to the holders 

tboir possesaion and an ultimate title to the land. But auch certificatu 

shall not be assignable and shall contain a clause eJCP.rea&ly prohibiting ·'"'', " ... the sale or transfer by the bolder of the land desert bed thernin. 7 

.. " o•b ' " · 

After the expiration .of ten years, aucb restrictiQn on the power of ,. ~~' .. h':lr ~-:':n: 

sale shall be withdrawn, and a patent aball be isaaed in the uaual form """'""o"' .,. _. .. to each ori_ginal bolder of a certificate for the laud d~bed therein, ..... 

PrwiLUd That such restriction shall ceue only upon the actual isau· 

ing of the patent; .J.nd provided furtliet- That the President may in 

his discretion at anv time in individual cues on the recommendation of the Indian agent wh_en it sh~ll ~<ppear prudent a~d for tbe welfare of any· holder of a ccrttficate, dtrect a patent to be tssned. And pro· •Mk<t aloe, That after the expiration of ten years, if individual cases shall be reported to the Prcstdent by the Indtan -.gent, of pct"l!Oo& who 

may then be incapable of managin~t their own affair~~ from any reason whatever, be may d irect tho pat.cnta in auch cuea to be withheld, and 

the reatrictiona provided by the certificate, oontinued 80 long aa be may 

deem n~ry and proper. Should any of the bead~! of familiea die before the issuing of the "'••••ton ro ..... ot 

certificates or patenta herein provided for, the aame shall issue to the ., .. ,,. 

heirs of such deceased persona. The benefits of thia article will be extended only to those Indians .. !f ':~f.~~,.,,.., r 

who am at this ·time actual residents of the .State of Michigan, and 

entitled to participate in the annuitiea provided by the trfiRty of March 

2!!, 1836; but this proviaion shall not be oonatrued to exclude any 

Indian now belonging to the Garden Kiver band of Sault Ste. Marie. 

All the l~<nd embraCed within the tracta hereinbefore described; that ~~'f~ ~;· :~d: ~:; shall not have been appropriated or selected within 6ve yean ahall ...... ,.., ..... .... , 

remain the p roperty of the United States, and theaamuhall thereaftet·, f:c" ~~·::g~·':"~: for the further term of five years, be subject to entry in the uaual man· '' •• ,. ••. ner and at the oame rate per acre, aa other adjaoent public Ianda are then held, by Indians only ; and all Ianda, 10 purchased by Indians, shall be sold without restriction, and certificates and patenta ahall be 

isaued for the aame in the usual form aa in ordinary caaes; and all 

lands remaining unappropriated by or unsold to the Indiana after the 

expiration of the last-mentioned tenn, may be aold or diapoaed of by 

the United States as in the case of all other public Ianda. 

Nothi~g _contained he~ein shall be .•o c.onatrued ~a to prevent the .,g~~~~~'::::;"':e 

~<pproprtatton, by sale, gtft, or otherwiSe, by the Untted States, of any ... d •. 

tract or trR.Ctll of land within the aforesaid reservations for the location of churches, •chool-housea, or for other educational purpoee.~, and 
266 

728 TBBATT WITH THlt OTTAWA AND OHIPPltWA, 1855. 

t•••;::...,-r oon for such purposee purehues of land may likewise be made from the :'~~ .. ,.,.,. •. lndiana, tbe consent of the President of the United States, having, in 

every instance, fint been obtained therefor. 

It is also agreed tb"t any le.nds within the aforeaaid tracts now occu- pied by actual aettlen, or by penons entitled to pre-emption thereon, 

shall be exempt from the pro,·isions of this article; provided, that 

such pre-emption claims shall be proved, 118 prescribed by Jaw, before 

the let d"y of October next. 

Any Indian who may have heretofore purchased land for actual set- tlement, under tho act of Congress known as the Graduation Act, may 

sell and diapoee of the same; and, in such cue, no actual oc.cupancy or 

residenee by such Indiana on lands so purchased shall be neceaaary to enable him to secure a title thereto. 

In consideration of the benefits derived to the Indians on Grand 

Traverse Bay by the school and mission established in 1838, and still 

continued by the Board of Foreign Missions of the Preabyterian 

Church, it is r.greed that the title to three separate pieeea of land, 

being parts of tracts Nos. 3 and 4, of the west fractional half of section 

85, township 30 north, range 10 west, on which are the mission and 

achool buildings and improvements, not exceeding in all sixty-three acres one hundred and tweoty ·four perchee, shall be vested in the said 

board on J'l';rment of $1.25 per acre; and the President of the United ~tates shall lll8ue a patent for the same to such person aa the said board 

•hallapg>inL 

.The Unitad States will also pay the further sum of forty thousand 

dollars, or so much thereof as may be necesaary, to be applied in .liquidation of the present just indebtedness of the said Ottawa and C'bippewa lodiana; provided, that all claims presented shall be investigated 

under the direction of the Be.cretary of the Interior, who a hall preecribe 

aucb rules and· regulat.iona for oond uctio~ aocb innstigstion, and for 

t.tinj!' the validity aod justneaa of the elatma, as be shall deem suitable 

and· proJl:er; and no clatm a hall be peid e"cept upon the certificate of 

th& said Secretary that, in hi9 opinion, the same is juatl7 and equitably 

due; and all claimants, who sball not present their claun.a within sucb 

time u may be· limited by said Secretarr within six months from the 

ratification -of the treaty, or whose elatms, having been pruented, 

shall be dieallowed by him, shall be fore,·er precluaed from collecting 

the S&111e, or maintaining an action thereon in any oourt whatever; and 

provided, &lao, lbat no P?rtion of the money due said Indians for 

annuitiea1 aa herein provided, shall ever be appropriated to pev their 

debts· unoer anv pretence whatever; provided, that the bAlance' of the amount herein' allowed, aa a juat increase of the amount due for the 

ceeaiona and relioquLibmenl4 aforesaid{ after atiafaction of the awardw 

of the Secretary of the Interior, ahal be paid to the ~aid Chlppewaa or exp41nded for their benefit, in auch manner u the Secretary shall 

prescribe, in aid of any of the objects apecitied in the aeeond article of 

thia treaty. ,.,.,.., .. , •• ,.,.. ARTrCLZ 2. The United States will also pay to the Mid Indians the 01""'· sum of five hundred and thirty-eight thousand and four hundred dol- lars, in manner following, to wit: Elrh<r thouund F'irsL Eightv thousand dollars for educational pu~ses to be ~id dollan tn trn equal , I • 1 • 1 f · h h d d 1 ch · J '"""'''"""'"""""· tn ten equa annua msta menta o e1g t t ousan o ars ea , w tc 1 

sum shall be expended under the direction of the Pre.,ident of the 

United States; and in the expenditure of the same, and the appoint· ment of tenchers llnd management of schools, the Indians shall be con· suited, llnd their views and wishes adopted so far as they may be just 

and reasonable . ... ~\ e~~fl:~e h~~~ • Second. Seventy-five thousand dollars to~ pai~ in five ~I annuul 

' ""'' •••••• '"'""· mstalmeots of fifteen thousand dollars ench 111 Bgnculturalnnl.'lements '"'""· and carpenters' tools, household furniture and building matenals, cat-
267 

TREATY WITH THE OTTAWA AND CHIPPEWA, !Siio. 

tie, labor. and all such articles liS may be necessary and useful for thc 1: · in removing to the homes herein pro,·ided and getting permanent!: settled thereon. 

729 

Thil'd. Forty-_two thou "nd and four hundred doilaM> for the support , .. ~,~~ ;~~~: .. \b~~:~ 

of four black~mtth- hops for ten years. lor bl•d:nalth ahoft" . 

Fourth . The sum of three hundred and six thousand dollars in coin, Three h undred and 

as follows: ten tbvusn.nd dollars of the principal, and tbe interest ')n ~ t:,o';:' ~dpedro~:; 

the whole of ~~aid lnst-mentioned sum remaininl!' unpaid at the rntc of " ' ·" 

five per cent. annunlly for ten years, to be d1•tributed pn- capita in 

the usulll manner for pRy ing annuities. And the sum of two hund rcc and six thousand rlollus rcmllining unpaid at the expiration of ten 

years, shall be then due and payable, and if the Indians then require 

the payment of said sum in coin the same shall be distributed pn- capita in the same manner as annuitie1 are paid, a.nd in oot leu than 

four equal annua.l instalmenta. 

Fifth. The sum of thirty-five thousand dollars in ten annual instal- .~~~::·,-~·~:,>:.::,~ 

menta of three thousand and fiye hundred dollars ellch, to be paid onl,r Jo•tallmeota. to the Grand Rh•er Ottawas, which ia in lieu of all permanent annulties to which ·they may he entitled by former treaty stipulations, Rnd 

which 8Um shall be distributed in the usual manner F<" capita. 

ARnCLE 3 The Ottawa. and Chippewa Indiana lierehy release and W•btllll•• oodu 

diocharge th~ United State.. from all liability on account of former r=~ '"""" ,.. treaty stipul.ationa, it beins- distinctly uDd.entood and •ireed .that the 

grants and p&ymenta heretnbefore prorided for are in lieu and Mtia· 

f,.ction of all clllima, lepl and equttable on the part of aid Indians 

jointly aad !Mlverally against the United Statea. for iand, money or other thing gua,.nteed to said tribes or either ol them by the atipuiationa of any former treaty or treaties; exeeptin_g, howev11rl. the right 

of fishing and encampment 100ured to the Glllppewa.a <>f ::;ault Ste. Marie by the treaty of June 16, 1800. AllTICLE 4,_ The interpreten at Sault Ste. Marie, Maekiaao, and for , • ..,.,., ...... 

the Gnmd River Indiana, shall he continued, and another provided at Grand Travel'lle, for the term of fh·e yeara, and aa much longer aa the 

President may deem necuaary. 

A;~<TICLE 5. The tribal organization of aid Ottawa and Chip~wa dJ~':!,•:r-:::,~~o,: 

Indiana, el<eept so far aa may be neceaary for the purpoee of·.oarrytni .,...,.. into effect the provisions of thia agreement., ia hereby dissolved; ani! 

it at any time !Jereafter, further negotiations with the United Stntea, in reference to any mallet-s containctl herein, should become neceBSilrv, no general convention of tbe Indians shall be called; hut such"" rc~ i<le 

in the \"icinit,r of any usuRI pln.ce of pa,rment, or those only who arc immediately Interested in the questions Involved, rDAY arrange all mat- ters between them•el\'eland the United States, without the concurrence Futurou .. ueo; how 

of other portions of their people, and u fully and conclusively, and ...... with the t~&me effect in every respect,_ a.s if ,•II were repr-:se~ted. 

ARTICLE G. This agreement •hall be ohh/rtory and b1ndtng on the .,r~•tJ" when to.., contractin_g parties 11.'1 1100n aa the same aha be ratified b\' the Presi- " "'· dent and Senate of the United States. • In teatimon~ whereof the said George W. Manypenny and the s~'rl 

Henry C. Gilbert, commissioners as doreaaid, ani! the undersign.-d chich and headmen of the Ottawas and (-'hippewa.s, have hereto set their hands and sca.ls, at the city of Detroit the day and year first 

above written . 

Geo. W. Manypeany,JL. a.] 

Henry C. Gilbert, L. 8.] 

Commiaaionera on the part of the United tates. J . Logan Chipmlln, 

Rich'd M. Smith, 

Secretaries. 
730 

268 

TREATY WITH THE OTTAWA AND CHIPPEWA, 11!55. 

S&olt Ste. Marie Rando: 0-41haw-waw-no-ke-•·ain-ze, chief, 

hiexmark. fL. a.l Vlaw-bo-jieg, chief, hie ::r. mark. L. 1. 

Kay-bay-no-din, chief, hia x mark. L. s. 0-maw-no-maw-ne, chief, hill x 

mark. fL. •·J Shuw-wan, chief, his x mark. L.a. 

Pi-aw-he-daw-11ung, chief, hia x 

mark. . (t.. o.J 

::~::~~~:,0~ .. ~::~.=~ X ::rkX f~: ::j" Bwan, headman, hia x mark. L. a. 

Taw-meece, headman, hia x mark. L. a. Naw-o-g~zhick, headman, his x 

mark. [L. s.) 

Saw-g&\1.·-gir.w, headman, his x 

mark. [L A.) 

Grand River Bands: Nr-baw-nay-gc-r.hick, cbief hiP x 

mark. (L. 11.] 

Shaw-gwaw-baw-no, chief, hia x 

mark. [t.. s.] 

;::.~~!;~:~~~~bi~~:: . .J ~~ ~l Nc-be--ne-eeh, chief, hl1 x mark. tL. 1. Wa~··b&g11y·hke, mark. chi<!!, his x 

[t.. a.] Ke-ne-.w~ge--&hick, chief, hie x marlt. [t.. a.] 

Men-.daw-waw-be, ehiel, hia x 

mark. [t.. o.] 

Ma.iah-ke--aw-ehe, chief, hie :r: mart. [1.. o.) 

:~!~~=~:~lox:.: f:: ~~ bh"rn~!!1,h~hi!t~hl.k.:r: mark. [!: ~l Bhaw·'be-quo.ung, chief, hia x mark. [a. L] A.ndnlwJ. Blaekbird, hMC!maD, hlo x mark. [t.. o.] 

Ke-sia-ewaw-bay, bNdman, h1a :r: mo.rk. [a. L) . . . Executed in the presence ofJ no. M. D. J ohDI!ton, 

John F. uodfroy, Gbt. Jobnot.on, 

.o\ug. Hamlin, 

Interpreters. 

Naw-te-naiab<Um, headm&n, hiH x 

mark. [L. ti.~ 

Gr&Dd Traverse Bands: 

Aioh~r"{go-nay·be, chief, hio x fL. •·j 

Ah-ko-11y, chief, his x muk. 1- "· 

Kay..quay-to-l"..ly,chief, hiaxm.a.rk. 1 •• "'· 

0-naw-maw-nince, r.hief, hie x 

mark. [L. 1.] Sbaw-bwa ... ·-euniZ, chief, hie x 

mark. [L. •·l Louis ~fick-saw-bav, headman, his 

x mark. • [t.. o.] 

May-dway-a"·-ebe, headman, hie x 

mark. (L. •·J Me-t.ay-o-meigo, chief, hie x mark. [L.a. Me-naw-c:;not. headman, hia x 

mark. (L. e.) Little T,v.~r--e Banda: 

\\'aw-eo, ch;1.: his x mark. [L.a.] 

:'-f..,·aw-kL'-\I~·~~J.~· ... ·, chil·r, hi,. x 

mark (L. e.] 

Pe-t.aw-PC-gay, hea.dma.n, hia x 

m&rk. (t.. o.] 

Ke-oe--me-chaw-gun, chief, his x 

mark. (t.. a.] 

lday-twav-on-daw-gav.·-ebe, head- man; hie x mark. [1.. a.] M~-ac-mong. hudm&n, his x 

mark. (t.. L] 

Pi-ah~i~'r.;~•rr_we-dong. headman. [L.a.] 

Key;::,_tken..<Jo, ~etiima.n, hiM x [L. L] 

Mackinac Rando: 

~::.i:,D:.:::.:~:·::k~~~ ~l PeterHIIDI8,beodmao,hloxmark. ta. L 

:::.~;~~::~~x:arlt~f:: ~~ P•ane, heildm&lll, hill ::1: mark.. t.. L j Saw~'"';'::'r~:-w-<lo, bMdman,[a. L] 

Nay-o-ge-maw, chief, (Little Tra- veioe,) hlox mark. [t.. 1.] . . . t~W. Murwu1, G. D. \Villiama, P. B. Borbeao, A.M. Fitch, W H 'iodfroy. 

We, the undersigned chiefs ar:d hendJliCI> d :t:o; C:1ippcwa Indians 

lidng ncar Sault Ste. Marie, Mich., havin!! had tbc amendments 

adopted by the Senate of the U nitcd States to tho. trenty concluded at 

Detroit on the 31st day of July, 1855, fully ex~lained to us and being 

satisfied therewith, do hereby assent to and rat1fy the same. 

In witness whereof we have hereunto set. our hands this 27th day of 

.Tune, A. D. 1856. 

Pi-aw-be..<Jaw-sung, his x mark. 

Te-gose, his x mark. Saw-gaw-jew, his x mark Ehaw-ano, his x mark. \Vaw-lxrjick, -his x mark 

Ray-bay-no-d in, hie x mark 

Shaw-wan, his x mark. 

0-mc·no·mf:"e·ne, hiH x murk 

Par-nc-go1•:-~, hi.c: :x 1111Hk. 

\Vaw-wc-gow1!, his x 111Hrk. 

Ml\-nc-do-tocu11g, his x mark. 

Naw-we-ge-zhick, his x mark. Y&w-mence, his x mark. Bawn, hia x mark. 
269 

TJC.E~TT WlTB THE OTU,WA. .AND OB'IPPEWJ., lW, 

Sigoed in pre.seoce of- Ebentr Warner, Jno. M. Jobntt.on, United Sl&t.et Indian InterpreUir. P\~M:idu1 Ord. 

~ e, the ~ndersigned cbiefs an~ bea.dmen of the Ottowa and Chippewa 

nation, havJng heard the. forego1ng tlmendme.nts read and explained to u::. by our agent, do hereby usent. to and ratJfy the same. In witness whereof wo ha>e beret.o affixed our aignatures tbi!l 2d day of July , A. D. 1856, at Little Traverse, Mich. 

Waw-ao, hia x mark . !11y,·a•·-ke-'•,.e·n&'t.', hi11 1 mark . ~c- aa• waw.quot, ~ x mark A w-ae-go. his x marl.:. Ke-rhe1f0-nt, h ia x mark. Ka.in·WUif·be-lr:i&HM!, hilt .s. 1I111rk . Pe-aine, hia x mark. 

ln the pl'es.enl~e of-

~:,.' ~~~~~~~~~!:e~ AgeDI, Jolin F. Godfrey, loterpret.er, G. T. Wendell, A. J, Blackbird . 

Pe-t.aw ... py, lda x ml\rk . Ke-nt•tne-chaw-gun. hi~ x 11111rk . 

~~:::n:·~;r:.:·~:~ir~~ X mark . 

Key-way-hn~o. his x u•ark . Say-o-ae-uu.w, hi. x mar k. . 

'Ve, the chiefs tuld headmen of t.be Ottowa and Chippewa lnd.iMS reaidinr near Grand Tnvene Bay, having beard the foregoing une1:d· mo~te adopted by the Seo•teoftbe Uaite<l Stet... to tho treotyof July 

~~!~~~ ~b•n<!,!:t•::a~·;!~ ~ ~i~~~~ to 111 by our 

Done t.t No~port oa Orand TraYerte S.y, Mich .• thia 6th day of July, A. D. 1866. 

In presence of-

!J::Ik-:.::;'hl.";Y,!";k~i.t X m&Tk. 

O·~W·mo-neece, his x mark.· Kay..:qua-to-ilay, .biB X mark. Peter-waw-k&·ZOO, his x mark. Shaw-bwaw-eung, hi.J x mark. Lou;...mldt ... w-b&y, lWo x marl: 

H. C. Gilbert, lodi•o Oog$Dt, 

J. F. Godfroy, interpreter, 

!no. N. Smith, Peter Dougherty, Normon Barnes. 

We, tbe undersi~ed, chiefs and bead men of the Grand River bands of the Ottowa. and Chippew& Indie.cs of Michigan having .beard the amendments of the Senate to the treaty of the 31st of July , 1855, read, and the same ha.ving been fully explained to us, do hereby I.S88nt to 

and ratify the ~tlme. 

Done at Grand Rapids in the State of Michigan this 31st day of July, 

A. D. 1856. 

C••·ba-mo-eay, hie x mark. Shaw-rro·••·ba.W"·DO, bis J: m•rli. 

Aiah-ke b&w-~h, hie 1 mark. 

/l ;':;:-::et. b~,\b:a~k~uk . Ching·g•oeb, hill:.: mark. Ma.b-ca•, hie J: marlr.. 

In pr e<~f!nce ofJohn F. Godfrey, Uoit.ed St.a~ interpreter. Wen. CobmOI)', F. N. Oonfry. 

731 
~0 

HERES A COPY OF THE DEED OF LAND ENTRUSTED TO MC COSKRY FOR 

THE GUN LAKE BAND OF OTTAWA INDIANS AS PREVIOUSLY DESCRIBED 

AND DOCUMENTED. IT SHOW 160 ACRES, TWO HUNDRED ACRES ADDED 

LATER AS SHOWN IN 1873 PLAT MAP. 

"TO MC COSKRY AND HIS HEIRS, FOREVER", IT READS. 
f! .-·. · ~~-~ ·; ~ ,, . ·' :-' :·:·;::. :'; )1~-.' . . :.tt.'·~"' 'f,_: ~~?.?.' '\.. .,•,,\ o• ,<. /. _,. · .- ' · ,f·~~ I 'YIJO,••~•np:• 0 ..... ~.~0,_,.,. 

-~ · · · · · ~fl--·· ":. ' ~ ;:-;::~ • .. .r A~~~ , 

\.-~ '!.;~~~~ri:•*-;·.'.:l:. '- ,.~ ~~~/ff~~.f:l'~Y! ('\ ~tiN'Z~<INf 1• .UIIIfiiDI.& .. Ar.U .. 'fi IPW , ~ • 

"' 

~ 71':TI ./0 "' -.4l1D .,_ 

7YII:IN:IO 

'VI.. 

Aoa 

-.1 

UNrT 

,,_., "''' 

:r.Jf,UO 

,..rr-ft 

.U.ZO 

•1 . 

.ro 

-"- t¥11,. 

.,_,.._Of . 'YI'.ItO.\Oin:DT& 

,.._ 

: 

,_ 

:?! p .

~ 

Aop ft 

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llZ 
272 

HERE"S THE TRUST SPELLED OUT FOR THE COURT IN 1855 ON THE EVE 

OF THE NEXT OTTAWA-CHIPPEWA TREATY . 

WITH REFERENCE TO THE LAND IT READS, 

"TO MAKE SUCH ALLOTMENT IN OCCUPANCY AND NOT IN FEE SIMPLE .... " 
THE McCOSKRY TRUST STATEMENT OF JULY 26, 1855 (FOR GRISWOLD / 

COLONY) AS ENTERED INTO ALLEGAN COUNTY COURT RECORDS, ALLEG~, 

MICHIGAN, AND DATED SEPTEMBER 4, 1855. (Liber 13, page 205) 

To all persons unto whom these presents shall come, Greeting. 

Know ye that whereas I Samuel A McCoskry am seized i n fee of 

the following lands and premisis in the County of Allegan in 

the State of Michigan to Wit: The West half of the North East 

Quarter the East half of the North West quarter and in the North 

West quarter of the North West quarter of section number Twenty 

Eight in Township three North of Range Eleven West, and the 

South East quarter of Section number twenty in the same township 

anend range and whereas the same is held by me in trust for 

the purposes herin after mentioned, (*) I do hereby declare 

that I do hold the same accordingly in Trust for the benefit 

of the band of Ottawa Indians formerly under the Chief Saginaw 

afterwards under the Chief Penasee and now under the Chief called 

Shopquaung in manner following that is to say I hold the same 

for the occupation and improvement thereof by said band in such 

individual allotments as I shall find adviseable and I agree 

to make such allotment in occupancy and not in fee simple as 

generally and equitably as possible and in the case said band 

shall hereafter desire to remove from said land to another place 

I am at liberty to sell said land and reinvest the proceeds 

for the same purpose it being the purpose of this trust to manage 

and administer said lands and the proceeds thereof to the best 

of my discretion for the benefit of said band and for no other 

purposes whatever. In testimony whereof I have hereafter set 

my hand and seal this twenty sixth day of July in the year of 

our Lord one thousand eight hundred and fifty five in token 

of the trust and purposes aforesaid In the presence of James 

O.Campbell I S.D. Miller 

Signed 

Samuel A McCoskry (his seal) 

State of Michigan 

On this 26th day of July A.D. 1855 County of Wayne before 

me a notary Public for said County personally appeared the above 

named Samuel A McCoskry to me known to be the person described 

in and one who specified the foregoing declaration of Trust 

and acknowldged the same to be his free act and deed for the 

uses and purposes specified therin. 

James o Campbell, Notary Public, Wayne County, Michigan. 

Received for record September 5, 1855 at 6 O'Clock P.M. 

James P. Porter, Register 

(*) Highlighting and emphasis added. 
7--/ ..,.,_,,___ __ ~>-r ;?r~ ')' ~---.Jr ;7-' / n-c· 'l./~'"' ? {; v/:/ ;/ 70 H<-? j? ,r

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~~..,_~ />-::r .A--';+ l--'7? n-;;'7 7".?-:J / £.~ £ .o /-;n-;7/ .4.>-<:~.J

~~"'~ '7 V' '-v. ~_..,L/ .-,_..;;,. .....,..,.'77 ...,'-J ~-:'Y.J ~y;;; ·' ~·p< ~ ~

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275 
276 

IN 1884 MC COSKRY IN OLD AGE AND FROM NEW YORK SURRENDERED HIS 

TRUST, AND THAT OF THE BUREAU OF INDIAN AFFAIRS ,TO THE STATE 

COURT IN MICHIGAN FOR JUSTICE TO BE DONE . 

-THE STATE COURT APPOINTED A NEW TRUSTEE 

-TAXES HAD ALREADY BEEN ASSESSED BY THIS TIME AND THE LAND 

"NOT REDEEMED BY THE INDIANS" ( ACTUALLY QUITE WITHOUT THE 

INDIANS KNOWLEDGE AS TAXES HAD NOT BEEN APPLIED AS WE ALL KNEW 

IT WAS A TRUST). 

-THEN THE STATE COURT RENDERED AN OPINION AND TOOK OUR LAND, 

A CLEAR VIOLATION OF THE NONINTERCOURSE ACT. AS WE WERE NEVER 

TERMINATED OR NOT OPERATING AS A TRIBE. OUR CHIEFS CAN BE NAMED 

SINCE 1795 TO THE PRESENT. OUR COMMUNITY IS OVER 50\ HALF 

BLOODS. WE STILL OWN PART OF THIS RESERVATION IN COMMON IN 

THE NAME OF THE GUN LAKE BAND OF GRAND RIVER OTTAWA.·· 
277 

.... ......... ........................................... nt. e of Mew y.,rk ) ----------------_::_:_ 

! ... t. y 61'\d Cit.y l? r Mew 'fork - .- -

On . thia 14th d~y ot January, .O. lti~ poca on a.Uy a.pveared he tor• 

c. Coa1111 Uloner ot the St&te o r Jll eh\ gan, Right Reverend S&nluel A. ~r;,_,kcy, who be ing by 11'0 

!lwrtm, doth deprtae &ntl II&)' , t.ha t. ~t ha e r ea··J tho r.,lle iJo lng ptlt.l t.l .,n b .· ~ :-. l'lt~~ rlbc d and 

- r. the eon.t. ent.a thereot, &1'\d t.he aamo 1e: t.rue . U . f' a.rpn.rh, - -------

'/ . Co~miaaioneC' t'l) t' W1 ch1Ron . 

"" : or Wlehigan .•.... · .... ···--------- i.: lj>eUl t Court t or the County ot Allegan, In Ch.an.ou·y . 

In the lll&tter ot the Utle of the tollotring dt•orihtd l.nd.e, e1t~Lted in thq County ot All• 

.r. 1\rid State ot IUohig&n.., to-wit: T~· Bouthuet quar.ter tJt. S.oU~· ;.....n~y; the. •••t h•lt or the 

:· ~h an quart.er"# the ewt holt ot the nort.h •••t quart.er , and th• nol'th wu•t q,u&rter or tht 

·. ~ •••t. qu•rt.tr or .. ~t1an 'tWenty ei&ht, •11 11'\ t~ahip thret nottth ot range elevtn wtat.. 

At. a eeetion ot la.id Cil'cUit Court tor the County ot Alltft8ft In Ch&noery, held at th~ C,ourt 

~ 11e in tht Vill•l• .,r •u•can, in nid county, on tht twenty titt.h day '> t Pebruarr, 4.D.lt5&4 • 

. e""tt, Hon . Dan J. Amold, Circui t Judge . ---~·--·-- . 

" th e , .. tot er or the title to the above deacribtd lands, htret.ott>re held. tn. t '\lat. by t.ha Right. : 

· : •:- end S&m.uel A. Wc 'Coak ey, a d eclaration or eaid truat bearinR data J c l y 25tl), J. .O. li:SS5, 11&de 

.l m ""d r e corded in the o rti c!' o r t.he Rttglat.er ot Oeode, 1n end f'lr ut1 Co un :.y, 1n Liber 1' 

:.eade on paRe 205. and the aatd So.111u e1 A . .W.c'Coekey h a. vtng t.hle day pr e aent. eci hle reS1fV\at.ion 

·· ·nd t ruet and &liked t.o be dl e char a ed thererro111; and on e Do.vld K. Pl)e t ar , OIL Indl&n o.nd one of .. 

· ~d .,r Ottawa Indians n&l!l ed in aaid tru at. h&Vlng &le o thie day· preeent.ed hl o p e ti tion in b ... 

o r hlm eelf and othere 1rn.er ee t e d l n ••id liU"ldlt pra,vtna ..-.onget. other t.h lnga that • euit.abl.l 

c ompetent pcreon •"Y be appointed by thia Court tor the purpou of compl eting eeld tnlat and 

~yi nR a&id }Vtdl ln tee to the proper pere,ria who ••.v be round ont1 t fl..ed thoret.n i n individ-

.. i t. r6.ct e or paroeit in aeveraH.y, or t.o .. 11 oncl ditpoll or the. •u:'.• And diatribut.e "the proce .. • 

·. o hold t.h e t.1'-t'l• ln trun ror the eaiod band er Indiana, •• to the · C1"1Ul't ehall •u llltet Ind. 

j.l er. Due eontldarat.ion beinlf: thereto!- bad, it· ie ordeud; th&t the roei(r\&t.ion or t~e ••1d a.-

el A.,'lla ' Cotke,y):te and hereb,y 1• •aoepte4 and that. be be, and hereby 1a, dlaoh&rH•d tro• .••id t..-~ 

" d it 11 hereby turtJ1er ordei:ed thet WilUM: W1111&aa ot AUe&..., in ea.id County, be lind htrtt¥ 

~. u ppOinted trutte•, tor the purpoee or oOJnpl•tin& aald truet, and that eaid trueth, with •ll· . . 

0 nven1ont apeed, 1nveet1gate the ti._h, and eondit1on ,r the 1.nde •b a~ed in ea.id t.ruat, nuarr-

. "'! d "" rotlowa, to-wit:- the aouth ea et quarter .or ae.otion twenty, the Weet he.lr or the north • 

-. .:; •. C(U &"!"t. er 1 the eaat h&lf or the north weet qua rter and the ~r th we et Q\JO.r.t. er o f the north wacf 
278 

o .. _, .,r au.oh1S~---- • · · 

_Tho CirouU. Court. tar t.ho CoW\\)' ot Alha:-n, In O!.Motl'i'• ~· · • 

In tho ••ttu• or the t1U• or tho tol't0w1nl denr1bed l...,d,, al tu &.ted in Uu Cnuru.y ,r All- n 

•sen..-.d :n.at.o or 111ch1gan, to-•1t.:- 'l'hl oouth •••t. quartu• or uctton t .. e•1t.y, the •••'- h~t or 

tho north •••t Q.\lll'tor, tho •••t. h< or. tha.·n,o rth .... , quort.u• And tho .nort.h ... n. quartet' or 

tho north •••t quortrr or oeot.1"" 't.wonty . o1sbt., ', 1n -t.own•lUP \hr11 north or ran~t• olo•tn •oet.. 

The nport of. WUU..,. B. wuu-• opulat: huotu or t.h• ·•bovo c! eo cribed lMd appointed by tho 

\""' """ <ho •No' 'h"''''"' hold br 'ho "'""· -"""""-- ' MoC•"o• '"' " • d"'""''" ot """ 

~ bu,rlnl d•t• July 26th, :0.1~ 11nd oon•oylnl the t~~nde 1n teo to the perocno round .ntlt.leiS 

........, theut.o, in 1nd1•1dual traot.o or parc:dl ln .. ,•r•Lt.7 o"i to ltll end diapo .. .,r t.ht •-• end 

~' r1ilt.ribut.t t.h• proc .. dto or t.o bold C..b1 t.it.L• in t.rut\ •• ~ t.hi• Court. ab•ll direct, •• in ...,d b7 

1•id rH'dll' end d1or .. Will •orl f'ullt •pptar, 1'11Pict.tull7 lti.OWI: ·-

~ Tha·t. \P'ld1r the inlt.ruct.iona tontaintd in· .. 1d orrt.r IW'Id deer ... 1 viiU.eU t.h1 pr1111111 t.her.1n 

~ d••erUted and ••t. •1tll t.ha lndi.nl who tla1a \1'1 \II the pn•on• 1nt.iUL1d to t.h• Lenda undtl' t.h1 

d1eLarat.1on or t.ruat; t.l~t. ar1.•r . oonNlt.a.1.1on wU.h .. 1d lnrHene 1 l woull1 l'lo~•nd that. Mi•l 

\ Mdl b• d1v1•.••d end 11t. tpaJ't. in atYI1'al1.7 t.o \be lndi~l ~-'~ 1n t nhed·ne beuto at.1.achd, 

w1 th t.h1 -b•r of •ol'tl t.o ••ch t.h•r•in •••d, t.o·· hav• end t.o hold tht •-• 1n f .. .ubJeet. 1\p 1 

,.,. " ~•,.,. ,., U<rlu <hnom. I rind •••• •h•u l~d• huo oun <Gj)r., ••• mu ot ""'. 

1157~ 187!>. ltS76, Uf77, lt:I!S and . lts.t:-0 and ·clo not. 1ppur t.~ h~YI h~., rcdurud. Th•t wh111 u1d \ 

l•nch h•"• bnn oYn•pu.icl in IIYII'al\7 bf .. ." tb•·ln~ilofti_JI _I'CI .. ~~ ~~),~n ot. 1•1II'01'11•11"lt.l •..St1 1.bt7 

~ " = d by t.hc Oo•nn.an\ deftl'bt.hna U\d 'th•7 :11••·•··,llilln ·J"Ill\1 t..p oollut •tGAthu .. L•n r.J" aoner ·tg pn th• \au1 (111 t.tl.e ·cntire ·S raot. _U.4i.1 -dhh1d U1at. •hlh 10111 au •11· '\ 

11n1 to pay on their rt1pect..l••· PEQR'Irt1 ona1 , .,t.hera ·•rt ·n0t &lld "·the r eror• th e \&lldl h•vUt!!)~ 

, 0 ,d .nrt to ••old th11 diffhUl\7 1n \llt fUture t.hey d•eir• • _d1Yil1on or th1 !J'opert.7. ~ \\ 

L•nd• ••n •••n•.cS r.,r t.au\.ion in ltlt5] aa r.,u.,...: --- /, ~ ~ 1 1 . J \ \ 'l'ht a.S.l/4 of a .. u., :xl at. - --- fl900· - -- j o{ f'J? .. ~ "\ 1 · 

'!'h• w.l/2 or •.!.l/4 • 28 • - --- -1000. ~ -··-- • ..(c.r ~ \1 '{ Tho l . l/2 ot • .Y.l/4 • 20' - ·_-- -1000. -- )"'' \ 

The ti . W. L/4 .,r I.W.l/4•2e • - - -- --~~ ----···-

'ho.t. 1" e'>"nqu..,e• .,r th• '1•pr'>•-ttlt.a ••d• in ••J.d . lencl• l111n1 in di1t1net t.r-•co\a <11' 

pu.l'Cill with .. all hou111 a r1 d outbu1ld1nll upon 11011, H woUld ~• 41tUeult. \') de\.11'1111\1 a rotr 

•II1'•C•t• ••Lua or t.he en\lre 1.rat'\ an.4 in ,.,, ... or t.he r•o\ tba\ t.h• »•rU111 t.l•.., .. l••• have 

•~~:r••d upon t.h• nw.t11r .,r aorte eaoh are _..1.1t.led. 1.0 .nd" t.bt reapeotiv• l.,c"'ti"" anlt dtlcrlpt.icn 

or ••ob 11 dii1S'\&hd b7 a plat. htt'e1.o attaehtd it dot I not. appe•r t.o b• ·ntetllary t o dtt.n•tn• 

with oert. .. 1"t.7 tht actual valUI of aaid lU\dl. ---· ·• 

WO'olld t.hll'•f.,rt .rte"""'""d t.Mt. ••1" le.nda b• dlvU!ed a11d c-:nv,yer1 t., au.id In•U.n• 1n --........_,_ 

••"•r•lt7 11 toll.,••• u~J•et. ~o all ctlas•.• .thtl'•on fol' t.a:ua end t..ht ,-.)onabl• eo1\1 and as- ''\ 

Jolll"••• of. \hi a pl'oo .. dlna;: t ha,. ~•.- "- "'¥' \.bat. t.haro . be. a•c.··apart. :1n nurelt.x to ••ol! .,f1 the 

pcrllor\• hol'tlnafttl' n.,.ed, t.ha\ pal'\ or p.,r1.1GI\ of ao1d. pl'-1111 fo ll.,w1n& each of lald 'lMII 

\(_: ·· ......... d . ~=--· 
~9 

EXCERPT FROM HOLST REPORT (VISIT OF BIA TO MICHIGAN AFTER THE 

IRA WAS PASSED) OUR COMMUNITY WAS ENUMERATED AS POTTAWATOMI. 

I ASSUME THEY THOUGHT ALL GRAND RIVER OTTAWA HAD REMOVED NORTH. 

WE NEVER SAW THIS REPORT UNTIL A COUPLE YEARS AGO. 
280 

81719 

~ ------~"::;:_ ~c~~\~.l~:!r:___------------------- _---"'-- ----- - ~' / 

1

/ :::"ot c ?;)tto·uf'. ~r::~ is live in tbe south .... cstern ?t.rl of t~.c State in 

t h r c. r-catterer. grr;ll.lFS P.r~· Ul c!. D:-c:.e.le:r. no ... ~iu.c, :lnd .a~1('nS re!;?CCtivclj.'. 

! 

( ?::c Er;;".dle:r {;ro·...;.'? c: "'lB i~ti!lt: of 23 fr.:-:;i:1e:- l:o sc.:.:.t!.t: r~::. o·1cr 

o;..,·cr.t.:,· r::ilc s of co . .:...'llry fro.r:: :Su::-:Jt!=''l to S!-!(:1 byvill c . Mcst of t :'le:'t 

.:;lve la."'.d,. Silas 3u5~: :-teFtr ;.: C.fi~v c boaght ~C e~":-c~ io r $7E-'2·.00 

a..n:i t?.s pl:.na for .IJ. co:J!') rta." le -~~ .•e . Ee is buil -~ ir. ;~ c._., rapidl:r. 

5te.,..:::1:: llt Burnipt ::t.:;-.s 85 A.crer:;, n:.rch a ·wr.:ll-faroed 40 ac:-c a, and 

:-:ev \,. ral ot!lers :l.!l::e fro:; onr to .;.c acre! . Scc-.c 0::-~.:::ket~ c.re Er ad~ in 

~hiJ sectt()n, othervts<. there &rc no native crafts. 

14 

a..:at tcred ~s the 3radlcy 

the homes :~ore ·crovll.ed, · 

'l!r8.4ley ar·a";·_ wt .. , __ · 
281 

COPY OF OUR LETTER TO THE DEPARTMENT OF THE INTERIOR RESQUSTING 

RESTORATION OF OUR STATUS AS A TRIBE ON 28, MARCHI 1992 AND 

RESPONSE OF INTERIOR SECRETARY BROWN . 
282 

March 28, 1992 

United States Department o f the Interior, 

Mr. Eddie F. Brown, Assistant Sectretary, B.I.A., 

MS-4140-MIB, 

1849 C Street, N.w., 

Washington, D.C. 20240 

Dear Mr. Brown, 

This letter is to notify the United States Department of 

Interior, Bureau of Indian Affairs, that the Grand River Band 

of Ottawa Indians located below the Grand River in Michigan 

have decided to seek restoration of it's status as a Nation. 

One hundred fifty six years ago to the day our chiefs, 

or at least some of them, signed a treaty that relinquished 

much of what is now Michigan to the Federal Government. 

Reservation lands that were promised in the March 28, 1836 Treaty 

that our chiefs signed, were deleted by the President. Then 

the treaty was sent back to the Michigan Territory for more 

negotiation. Fewer of our Chiefs signed the revised Treaty 

than the original. Hence, many Michigan Ottawas have stubborly 

refused to formally file for Federal Acknowledgement. This 

is especially true for the Grand River Band which contained 

most of our remaining warrior societies which had not been 

neutralized by the War Department by the year 1836. 

In special agreements concluded by He nry R. Schoolcraft 

and President Van Buren with the Ottawa in 1838 lands were 

provided for them in Allegan and Barry Counties. This was 

achieved through the assistance and cooperation of Protestant 

Church organizations. Grand River Band War Chiefs and their 

families, and remaining followers were settled on these tracts. 

We have remained here to this day and part of our original 

reservation is still in our possession. Other parts are not. 

In 1855 many, but not all, of the Grand Ri ver Band (there 

were 13 Grand River Annuity rolls in 1836) were provided lands 

above the Grand in Mason and Oceana Counties as part of the 

1855 Treaty. Many of us stayed behind in our homeland in Allegan 

County. Others of our band removed but we r e back in a few years. 

For years our leaders have steadfastly refused to petition 

Washington for Federal Acknowledgement maintaining that it was 

not necessary for a U.S. Government agency to confer upon us 

what had been ours for over a century of dealings with the 

French, British, and then the Americans. I speak of Nation 

status. We maintain we never ceased to Be a Nation. 

Today however our contemporary leaders have decided to 

formally petition for Federal Acknowledgement under the rules 

promulgated by the Indian Reorganization Act of 1934. Our tribe 

has not previously rejected nor been denied acknowledgement. 

We are in our original homelands and were not removed to the 

Mississippi region. We are listed as the Gun Lake Village Band 

and Ottawa Colony Band of Grand River Ottawa Indians from the 

1836 Treaty between the U.S. and Michigan Ottawa and Chippewa. 
We are requesting restoration of our status as a nation. 

In addition we cite Article 5 of the 31 July, 1855 Treaty between 

the United States and Michigan Ottawa and Chippewa Indians under 

which we now request negotiations. Lands were held in "trust" 

for us in Allegan County well beyond 1855 as part of an arrangement between the United States represented by Henry R. 

Schoolcraft and our Principal Chiefs Saganaw and Noonday 

(Na-way-qua-gezhick) and Episcopal Bishop Samuel McCoskry. 

The Smithsonian notes our continued existence as a tribe 

following 1855 (we are also known as the Griswold Colony). 

Schoolcraft in his census of Indians of Michigan dated September 

15, 1837, for the War Department estimates "Saganaws of Michigan" 

at 1000 (Chief Saganaw was one of our chiefs) and 500 other 

Ottawa, Pottawatomi, and Chippewa Indians below the Grand River. 

By 1838 only a few hundred of us remained. We became part of 

the Compact of June 5, 1838, between the War Department, Henry 

Schoolcraft, and our Chiefs at Grand Rapids, Michigan. 

We have created a non profit organization which has been 

chartered with the State of Michigan under the naae of the United 

Nation of Chippewa, Ottawa, and Pottawata.i Indians of Michigan, 

Inc. Our principal office is presently located at 5721 Grand 

River Drive, Grand Ledge, Michigan. 48837. Our Phone number 

is (517) 627-3645. 

Mr. Bill Church has been appointed as Secretary of State 

for our Nation and will handle state and federal liaison for 

the Gun Lake Band of Grand River ottawa Indians, (a.k.a. the 

Griswold Colony). Our Chief is Rev. Lewis White Eagle Church, 

Great-Great-Grandson of Muck-i-tayosha, first listed Principal 

Chief from the 1836 Treaty and Grand River Band leader. Mr. 

Church is a direct descendant of Pontiac, also a Grand River. 

The Grand River Band of Ottawa Indians has been recognized 

by the Michigan Commission on Indians Affairs (under NGO 

Traditional organizations affiliated with the Northern Michigan 

Ottawa Association). The Gun Lake Band of Grand River Ottawa 

Indians is a member of the Confederated Historic Tribes of 

Mi chigan, Mr. Philip V. Alexis, Executive Director. 

We have enclosed a summary history of our tribe and a 

few pertainent documents and items to detail our continued 

existence in Michigan. It is truly an historic occasion for 

the Grand River Band, the leading warrior division of the 

Michigan Ottawa, to seek to formally restore and affirm it's 

nation status in the form of Federal Acknowledgement. 

The Gun Lake Band of Grand River Ottawa Indians represents 

only members of the tribe who were party to the 1836 Treaty 

and resided below the Grand River. The Indian Claims Commission 

supported our claim to lands below the Grand and after a 60 

year legal battle we were finally compensated for our claims. 

Re• .. M':_:7'k:at .i:f: L. Ch=ch, Secretary of state, 

Gun Lake Band Grand River Ottawa Indians. 
284 

United States Department of the Interior . 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 20240 

Mr. William L. Church 

5721 Grand River Drive 

Grand Ledge, Michigan 48837 

Dear Mr. Church: 

JUL 081992 

This letter is to acknowledge our receipt, on June 24, 1992, of 

the undocumented petition for Federal acknowledgment of the Gun 

Lake Band of Grand River Ottawa Indians. An officia l notice of 

receipt of the petition will also be sent to the Governor and 

Attorney General of Michigan and will be published in both the 

FEDERAL REGISTER, and the Independent News . 

Enclosed is a copy of the regulations and guidelines for 

preparing a documented petition for Federal acknowledgment as an Ir.dian tribe . These guidelines are designed to assist 

petitioning groups in the preparation of their petition and are not additional requirements. We recommend, however, that you 

make every effort to follow the guidelines as closely as 

possible. Although the Bureau of Indian Affairs (BIA) cannot do 

the actual research on behalf of your group, we will be happy to 

provide suggestions and advice upon request. 

As explained in the guidelines and regulations, you will have to submit a documented petition addressing the seven mandatory 

criteria set forth in Part 83.7 of Title 25 of the Code of 

Federal Regulations (25 CFR 83.7) before we can begin active 

consi deration of your group . Your documented petition will then 

be g i ven a preliminary review (known as the obvious deficiency), as required by 25 CFR 83.9(b), for any obvious deficiencies or significant omissions. If no deficiencies or omissions are found 

in the petition, it will then be considered ready for active 

consideration by a research team comprised of an historian, a 

cultural anthropologist, and a genealogist. However, if 

deficiencies or omissions are found, your group will be informed 

of them by letter and will be given an opportunity to strengthen 

the petition before it is placed under active conside ration . 

During active consi deration by the Branch of Acknowledgment and 

Research (Acknowledgment) staff, your documented peti tion will be 

carefully e v aluated by the research team in order to verify or 

add to the information submitted as it applies to the mandatory 

criteria. The research team will work very closely with you and 

your petition researcher(s) and will visit your group at least 

once during the active considerati on phase. 
285 

The evaluation process is deliberately thorough because the 

decision to acknowledge an Indian tribe establishes a perpetual 

government-to-government relationship with the United States. As a result, only a few documented petitions can be actively 

considered at one time. The BIA's Acknowledgment staff has two 

research teams which can evaluate two to four petitions each 

year, depending on their complexity. Petitions are considered on a first-come, first-served basis and are numbered on a priority register, which is baaed on the data ot ti~ing ot the initial 

request for acknowledgment. Your priority number ie ~· Once 

you submit a fully documented petition, and that petition is 

considered ready for active consideration, it will then be placed 

ahead of all undocumented petitions. Among fully documented 

petitions which are awaiting active consideration, priority is 

determined by the lowest priority number. 

once a petition is placed under active consideration, the BIA has one year in which to publish in the FEDERAL REGISTER a proposed 

finding either to grant or deny Federal acknowledgment to the 

petitioning group. This period may be extended up to an additional 180 days by the Assistant Secretary - Indian Affairs 

for due cause. Upon publication of the proposed finding, your 

group and any other interested parties will have a 120-day 

response period in which to present factual or legal arguments and evidence to rebut or support the evidence relied upon in the 

proposed finding. 

If you have further questions, please contact Ms. Elizabeth 

Colliflower, the Acknowledgment staff member with administrative 

responsibility for your petition. You may call her at 

(202) 208-3592, or write to her cfo Bureau of Indian Affairs, 

Branch of Acknowledgment and Research, Mail Stop 2611-MIB, 

1849 c Street, N.W., Washington, D.c. 20240. 

We would appreciate if you would let us know the approximate size 

of your group. 

Sincerely, 

Enclosure 

b~oiro 

84-978 - 95 - 10 
286 

STATEMENT OF BON. WILLIAM CHURCH 

Mr. CHURCH. Thank you, D.K. often we, Mr. Chairman, would 

refer to ourselves as the lost tribes of Allegan County. We have 

seen the other tribes, and we all come from some of the very same 

treaties. We are in an overlap area between the 1833 treaty and 

the 1836 treaty. 

Our Chiefs were signers of the 1795 Greenville Treaty, and we 

can document our Chiefs name by name from 1795 to the present 

with Mr. Sprague. We became lost, and we weren't paid in many 

of the payments for both the northern Ottawas and the southwest 

Michigan Potawatomis where the Herons and Pokagon Bands are 

paid because of a curious situation where as war bands, and if my 

elders were here, they may by this time apologize for burning Chicago and Buffalo and some of the other towns that we were involved with, but we were placed in 1838 in lands in Allegan county. 

According to the 1795 treaty, we could still always move to the 

open lands and hunt and fish. In 1836 when the Ottawa treaty was 

taking place, we were then still seen as Detroit Ottawa and 

Potawatomis, and took our treaty rights and moved to Allegan 

County where there was open territory. When the light comes on, 

I would imagine this is the remainder of time for Mr. 

Sprague's--

Mr. RICHARDSON. You will get an additional five minutes. 

Mr. CHURCH. Okay. The important piece out of this is that when 

the 1836 treaty was concluded, there were Potawatomis in some of 

our blood lines from southwest Michigan that yet hadn't been fully 

taken care of from the 1833 treaty. 

In the 1836 Ottawa treaty we were not part of the original signers. Part of our group was and part of our group wasn't, but the 

situation was in 1838 there was a specific compact that was signed. 

On June 5, 1838 it was concluded by Henry Schoolcraft. Its direction came from President Martin Van Buren. It also separated the 

payment sites for northern Ottawas from the Grand River Ottawas, 

specified certain things about barrels and fish and payments. In that particular agreement, five religious denominations were 

earmarked as flow-through points for treaty monies from the 1836 

treaty. The remaining war bands of Potawatomis from southwest 

Michigan were then grandfathered in with the approval of the 

Grand River Band Ottawa Chiefs, and we became the Gunn Lake 

Band of Grand River Ottawas in that specific compact. 

We were provided a reservation of 360 acres of which we still live 

on or near and own parts of it yet, and part of my testimony is to 

request assistance from the United States for trade and intercourse 

violation by the State of Michigan on that particular piece of land. 

It was known then at times as the Celtic Reservation or the 

Griswold Colony lands. 

We were there from 1838 to 1855 when the treaty took place. In 

the meantime a majority of the Grand River Band Ottawa Chiefs 

also received a colony ten miles away from us. Their colony failed 

in 1851. They joined us at Griswold. A third colony that was provided was over by Holland, 1,320 acres which had northern Ottawas and it had Potawatomis on it. It failed in 1847 and they joined 

us. 
287 

Therefore today we are made up of ancestors of Ottawa, Potawatomi and Chippewa. We have truly never been removed from our 

territories. We lost our land in a court case in 1884. They said because the government hadn't treatied with us. 

I am here to say that two tribes of which we have blood lines to, 

the Huron Potawatomi and the other Potawatomi groups and Ottawas at Griswold were to be dealt with by Manypenny. It is in the 

Archives that said there was supposed to be an additional treaty 

after 1855. It was never concluded. 

I will summarize just by saying that we are completing our histories, we will seek to see that the Bureau of Acknowledgment and 

Research process with the BIA works, we have never voted down 

the Indian Reorganization Act. 

I think one of the reasons that we weren't involved is because 

our communities always said we are tribes and retained that we 

didn't have to go somewhere else to prove we are Indians, but I 

think maybe our generation is looking at the systems and saying 

that this process here can assist us. 

If you have any questions, I would appreciate. 

[Prepared statement of Mr. Church follows:] 
288 

Statement of 

Mr. Bill Church, Secretary of State 

Gun Lake Band of Grand River Ottawa Indians 

a t He arings e n the Statua of Ce rtain Tribes in Michigan 

before the 

Subcommitte e on Native American Affa i rs 

Natural Resourc e s Committee 

U. S. Hou se of Representatives 

Septembe r 17, 1993 

The Grand River Band of Ottawa Indians, as a Tribe, is 

well known to historians who study the Great Lakes region. 

But truthfully the Tribe is not as well known as the Gun Lake 

Bands of Grand River ottawa. This name denotes a particular 

period in their long history just as the phrases "rise of the 

commo n ma n"; or the era of "Jacksonian Democracy" bring to mind 

a speci f i c time in America's History. For the Grand River Band, 

it wa s the Colonization Period. For the War Department it was 

the Ma ckinac Agency Emigration Period of 1838-39. 

Af ter the 1836 Otta1~a-Chippe1~a Treaty, the Grand River 

Band o f Ottawa Indians l e adership became concentrated around 

Gun Lake , Michigan, by policy initiatives created by the u.s. 

Departmen t of War, and the President. The Allegan County region 

is ab;o 1;here remnants of the Potta>~atomi Nation was gathered 

togethe r i n the years jus t prior to the 1836 Treaty as they 

took fu l l advantage of the last Tre aty rights enjoye d from their 

participation in the 1795 Treaty of Greenville. By the 

stipul a tio ns of that treaty the Tribes 1;ho signed could hunt, 

f i sh, and live freely on the land until it was sold by the United 

ate . Un til the late 1830's Allegan County was largely unsold 

and b ecame like an oasis in the desert, or a port in the storm. 

It wa s o ur last refuge. 

The Gun r,al~ e Bands of Grand Rive r Ottawa Indians, their 

Ch ippewa ne ighbors from the c ast, and Pottawatomi from the south 

a ll mi g r ated t o All egan Count y in t he late 1830's seeking refuge 

from t he steady stre am of treaty c e s s ions which had r e duced 

t heir r ange to this one single county in the lands b e low the 

Grand Ri ve r. By 1838 these few Chippe wa, Ottawa, and Pottawatomi 

>~ ere the largest conce ntration of Wa r Chiefs and warriors who 

remained in Nichigan. We had v01~ed "never to remove" from 

Nichigan . Amo~g those who sought refuge in Allegan Count y , Michigan, 

were Chiefs and warriors who once we r e the most powe rful military 

co nfederat ion confronted by the U.S. after the Re vol utionary 

War. By 1838 our Chiefs knew that a c tive resistance by using 

military fo rce was unrealistic. We had pledged to r e main at 
peace in the Treaty of 1815. And the u.s. government wanted no conflict in the region as Michigan Territory braced itself 

for the massive emigration of settlers who bought land to carve out new lives in the fertile wilderness. The farmlands of 

Michigan had been ceded by Indians for pennies on the dollar or through Treaties where payments were not even made. 

This was especially true for ancestors of the Indians who 

remain in Allegan County today. We are the portion of the Grand 

River Band of Ottawa Indians who still remain in our ancestral 

homelands. The popular belief is that we Indians were all 

removed to Kansas or other parts of the Mississippi River 

region. The Truth of the matter is that after a series of 

Treaties and earlier removals from one part of Michigan territory 

to another stretching over a 50 year period of time from 1795 

to 1838, the confederation of Chiefs and warriors who gathered 

in Allegan County had run out of space. Our ancestors are better 

known to scholars as the United Nation of Chippewa, Ottawa, 

and Pottawatomi Indians of Michigan by which we appeared in numerous treaties from 1795 to 1836. What is left of that 

military confederation is now peacefully located near Wayland 

Township in the south-central lower Michigan county of Allegan 

just thirty miles south of Grand Rapids, Michigan. 

The Gun Lake Band Tribe of the Grand River Ottawa Indians 

who appear before you today is descended from a band of Ottawa, 

Pottawatomi and Chippewa warriors whose Chief, Saganaw, was a party to the 1795 Greenville Treaty. By a decision of 

President Martin Van Buren in 1838 the "Saganaw's Band of Ottawa 

and Pottawatomi" as we we then known, were formally excepted 

from removal from Michigan by the Compact of June 5, 1838, and 

provided a 360 acre reservation from funds authorized by Article 

2 of the March 28, 1836 ottawa-Chippewa Treaty. For the next 

20 years we became known as the Gun Lake Band, or more often we were referred to as the Griswold Colony. In achieving the 

right to permanently stay in Michigan we were provided the same benefits as those Michigan lndians who had chosen to be removed 

to Kansas where other Colonies had been established there. 

Many of those Colonies are now federally recognized. 

Prior to the placement of the Gun Lake Band in Allegan 

County, Michigan, by the War Department in 1838, the Tribe had 

previously been located on two reservations 40 miles to the 

south through provisions 9ranted by the August 29, 1821, Treaty 

of Chicago. This Treaty was specifically between the United 

States and the United Nations of Chippewa, Ottawa, and 

Pottawatomi Indians. 

In 1827 the Tribe ceded their two-three mile square 

reservations which had been located at Kalamazoo, and Prairie 

Ronde, for other lands promised us near Mendon, Michigan. Our 

concentration and placement on the st. Joe River at the enlarged 

Nottawaseppi Reserve would make it easy for us to board 

steamboats. there and be efficiently removed to new location 

in Kansas. 

But soon these lands too were also ceded to the United 

States in the September 26, 1833, Treaty at Chicago, between 

the United States and the United Nation of Chippewa, ottawa, 
290 

and Pottawatomi Indians. This Treaty was designed designed 

to remove all Indians from southwest Michigan but in truth 

contained the language which ultimately allowed us to legally 

remain in Michigan and become recognized by the l~ar Department as a Michigan Indian Tribe. By the terms of the the 

Supplementary Articles of the 1833 Treaty some Pottawatomi gained a specific exemption and others were later spared from removal 

by instruction of the President of the United States. 

Saganaw's Band of Ottawa and Pottawatomi Indians moved north 

to Allegan County and settled in the Gun Lake region with 

Chippewa friends. While here we were sought out by the War 

Department and given the opportunity to become a new Colony. 

When the Colony became a reality by being annexed to the 1836 

Ottawa-Chippewa Treaty by the Compact of June 5, 1838, we were named the Gun Lake Band by the War Department. The "Gun Lake 

Band" of Grand River Ottawa Indian Colony (Griswold) as well as two other Colonies were placed in Allegan County by the War 

Department • These are the Pottawatomi who gained an exemption 

from removal. 

Although the Grand River Ottawa Indians on our membership 

rolls today who are currently seeking Federal Acknowledgment are kno\m under the name of "The Gun Lake Band", this \~as 

essentially done so that the Bureau of Indian Affairs could 

readily identify us as the group of 68 Indians under four major 

United Nation Chiefs who were added to the Grand River Band 

rolls after an agreement by President Van Buren and recognized as a tribe by the Compact of June 5, 1838. We are more commonly 

known in Federal records and reports to be found in the National 

Archives today in the period from 1838 to 1856 as the "Griswold 

Colony". These are the facts that we have not had the ability 

to gather and put forward in earlier periods of our history 

when we remained lost as larger issues confronting the Grand 

River Band who were removed north again after 1855 in another 

Treaty pushed our agenda to the background. 

The Griswold Colony, by all accounts, was an innovative 

public policy experiment of the War Department implemented after 

the President and the War Department appointed five Christian 

denominations to carry out "moral and religious instruction" 

to Michigan Tribes located on res~rvation lands purchased by 

Treaty funds. The five denominations selected to cooperate 

with the War Department were: The Methodist-Episcopal, Episcopal, 

Catholic, Baptist, and Presbyterian Churches in America. Their 

activity was coordinated by the American Board of Foreign 

Missions located at Boston, Massachussetts, which received treaty 

funds directly from the l'iar Department and coordinated the 

administration of the Indian Mission Colonies for the government 

\o/hich were placed on land purchased and held in trust by the 

Missions for the Indian Tribes. This innovative structure was necessitated by a shortage of agents in the War Department in 

1838 and thus the American Churches and their Missionaries served as sub-agents to assist the u.s. to carry out the multitude 

of Treaty obligation concluded in the 1830's. 

The War Department and American Board of Foreign Missions 

thus initiated the establishment of Indian Missions, Indian 
291 

Colonies, Michigan Indian Reservations, some of Michigans first 

day schools, as well as the provision of agricultural 

instruction. These were all formal policy initiatives of the 

Indian Affairs Department designed to aid in the civilization 

of the Michigan Indians exempted from Removal by the Department 

of War and the President. 

The Band of warriors located at Griswold were radically 

changed by these pioneer civilization efforts of the War 

Department, inspired by Acting Superintendent of Indian Affairs, 

Henry Rowe Schoolcraft. Saganaw (our Chief) and his Band of 

Ottawa and Pottawatomi warriors are historically known to have 

burned Chicago and Buffalo during the War of 1812, We were 

allies of Tecumseh and were with him at the Battle of the Thames 

when he was killed in 1813, Records retrieved from the National 

Archives reveal that prior to the creation of the Griswold Colony 

for the Gun Lake Band headed by Saganaw agents requested to 

be placed "as far away from white settlers as possible". 

In 1848 the Griswold Colony absorbed other Pottawatomi from 

also located by the War Department in Allegan County when the 

Old Wing Colony, originally located near Holland, Michigan, 

was over run by Dutch settlers. It's Ottawa members were removed 

to Northport, Michigan. After 1851 the Ottawa Colony, located 

10 miles southeast of Griswold for Noon-Day's Ottawa and 

Chippewa, was formally dissolved. Many of Noonday's Grand River 

Band otta1~a and Chippe1~a joined the Griswold colony including 

many of the remaining Principal Chiefs of the Grand River Band. 

In the 1851 Census, 199 Ottawa, Chippewa, and Pottawatomi 

were enumerated at Griswold. Today this historic Band, descended 

from the warriors contained in the Griswold Colony, still remain 

in close proximity to their reservation in Allegan County. 

In 1855 when a Treaty subsequent to the 1836 Ottawa-Chippewa 

Treaty was concluded the Pottawatomi who were allowed exemption 

from removal and prospering at Griswold were not contacted or 

included. Records from the National Archives conclusively verify 

that Commissioner Manypenny had approved separate Treaties 1~ere 

to be concluded for the Huron Pottawatomi and the "Pottawatomi 

at Griswold". These treaties never took place as Manypenny 

soon left the BIA and by 1857 Agent Gilbert was also gone. 

From 1856 to the present the Band placed at Griswold, spared 

from removal from Michigan by the President, given a reservation, 

and taught to live in peace have lived in the shadow of the 

Grand River Band, to whom they were officially attached in 1838. 

We stand before you today to state our claim that we are 

the Grand River Band Ottawa located near Gun Lake and we will 

prove beyond a shadow of a doubt that we are a Tribe worthy 

of Federal Acknowledgment. 
292 
293 
294 

!'. 

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.

:; . ...::. ~ t?, 

• 1" · r: ~ -~ I 

.·, ;'i/:,, :.~,k~~~·:;~.kf~l~~~*;~~l~;::.:'G.~~(-,: ;:,~: ., .. ,.·,_. 
295 

Mr. RICHARDSON. Let me just recognize that my good friend and 

colleague from the State of Hawaii, Congressman Neil Abercrombie, who has shown a tremendous interest in Native American issues is here. I want to acknowledge his presence. 

Mr. ABERCROMBIE. Thank you, Mr. Chairman. 

Mr. RICHARDSON. I would like to also turn over the Chair to him 

as we conclude these witnesses. 

Mr. Abercrombie is a champion on many of these issues, and I 

think as he chairs this hearing you will see why. Chairman Abercrombie. 

Mr. ABERCROMBIE [presiding]. Mr. Church, you can see that all 

I have to do is come in the room and the Chairman immediately 

acknowledges that I should take over. Thank you. Mr. Church, thank you very much. I regret that for those others 

who have been here that I couldn't get here sooner. I had some 

business in Hawaii. We have a time difference here of six hours, 

so we had some difficulties there. 

I want to tell you before we proceed, and I do appreciate the 

Chairman's kind remarks about my interest in this, you may be 

surprised, some of you, to see me here and then have someone say 

that I represent Hawaii. 

I am Hawaii's answer to affirmative action. I am sure you can 

appreciate that. The situation in Hawaii is such that I have a great 

deal of inherent sympathy for your plight. We have a situation 

which may seem, while your difficulties are very apparent to you, 

if you can imagine what it is like for Native Hawaiians not to even 

be recognized by the Federal Government as having any relationship whatsoever with the United States, having been an independent kingdom at one time, having been overthrown by merchant 

bandits, and a renegade republic established and then subsequently having a territory established by annexation of the United 

States and then subsequently, of course, becoming the last State to 

join the union. 

Then after having that history, having the United States Government indicate that they do not recognize that there is even an indigenous people in Hawaii called Hawaiians. Believe me, with that 

kind of a history going on right up to the present time, my membership in this committee is not perfunctory, and your plight, as 

you are presenting it today and the issue you seek to have resolved, is one that not only has the Chairman's attention but has 

my close and personal attention. Mr. CHURCH. Thank you. Mr. ABERCROMBIE. Had you finished your testimony for all intents and purposes? 

Mr. CHURCH. The one last piece that I wanted to say just for the 

record is that during the course of this particular compact from 

1838 and following the 1855 treaties, all of us here, we all have the 

same treaties, we all have the same treaties so we have those types 

of likenesses. 

The place where we became lost is in the transfer of these lands 

to the American-the society in Boston, the monies that went from 

the Bureau back to these colonies below the Grand River that concentrated much of the chieftancy into Allegan County for a period 

of time, and with the Grand River Band Ottawas their chieftancy 
296 

never removed north, a good deal of it, with the exception of 

Kamoosa, which is the chief of the Grand Rivers who went north. 

A lot of our members did receive land in 1855, but those lands 

were never given patents, either, so----

Mr. ABERCROMBIE. I am sorry. I missed the last part of what you 

said. 

Mr. CHURCH. So the lands that we were provided with from the 

1855 treaty there were certificates given, but there were never land 

patents delivered to a good deal of these, so the treaties have been 

great promises all the way through, and it may be because things 

had to move so fast or it might have just been outright fraud. 

We never got a good deal of our lands. We are in our homelands 

because we were provided a reservation. 

Mr. ABERCROMBIE. Well, back in Hawaii the parallel to this is 

there was something called the Great Mahae which was the great 

land division in which land was held in trust on behalf of everyone, 

I am sure you can relate to this, and for which Hawaiian Chiefs, 

kings and queens and others in what were called the Alii, the royalty, held the land in common for everybody's benefit. 

Then western land practices were brought in, and there was a 

division of the land, and virtually the same thing happened, there 

was a division of the land all right. When you mention Boston, for 

example, it was Boston missionaries that came out to Hawaii, they 

came out to do good and did very well for themselves. We still have 

the grandsons and granddaughters or great grandsons and granddaughters of the missionaries preaching to the Hawaiians, telling 

them what a good deal it was for them, for the grandsons and 

granddaughters of the missionaries to continue to hold control and 

power over the Hawaiians. 

So I think we are seeing off the same page from different books, 

but nonetheless the information and the story is the same. So to 

the degree that you are looking for recognition of the consequences 

of the past for you today, believe me, you have a sympathetic ear 

in this member. 

Mr. CHURCH. These are precisely why we call ourselves the 

Grand River Band of Ottawa Indians, and we are, I would say, the 

Gunn Lake Band chapter, so to speak, because the Gunn Lake 

Band chapter are those Ottawa and Potawatomis from the 1833 

that were grandfathered in, the compact of June 5th of 1838 and 

then about two-thirds of the major Chiefs then lived and were part 

of our community, and we trace our blood lines to those, but there 

is another portion of the Grand Rivers that were removed north 

and are now part of the northern Ottawas, but I will conclude by 

saying that we are all part of the same treaties, we have just been 

lost in different actions, but we have a particular piece of land that 

was given by the government, came out of the treaty lands, and we 

have just been looking like the dickens to be able to figure out a 

way to get it back. The last time we were here was in 1959. 

Mr. ABERCROMBIE. That was when we became a State, so you 

have had a long history of trying to get justice since our time stated, we have been struggling with that, too. Lands that were supposed to have been given back to the Hawaiians in 1959 according 

to the Admissions Act have yet to be given back, and we are having 

arguments even today. 
297 

Mr. CHURCH. It must be fate. 

Mr. ABERCROMBIE. Yes, that we are here. Well, I do want to say 

to you, you are going to be listened to. This committee was formed 

under Mr. Richardson's auspices by Chairman Miller precisely because we are going to see an end to this. 

From my point of view, all of this has to be settled. It is not 

right, it is not fair for you to have to trek to Washington just to 

beg for recognition. I know you are . not begging, but I mean in effect what is happening is you have to come here to Washington 

again and again over how many hundreds of years now in one form 

or one context or another to make the same case over and over 

again. 

The only thing I can say to that is that this is politics, and the 

essence of political success is the repetition of emotion, so even if 

this is the 350th time that you had to come and say the same 

thing, if you bring the same passion to it, I can assure you this 

time there won't have to be a 351, and that is what we are going 

to try to do here, get all of these issues settled. 

May I ask you, although you may have already told the Chairman and it may be a bit repetitious, have you submitted copies or 

even the originals of the treaties that you refer to? Do you have 

any access to that? 

Mr. CHURCH. Oh, yes. They are well documented. 

Mr. ABERCROMBIE. Submitted for the record of these hearings? 

Mr. CHURCH. The pieces that we have in the parts of these hearings are the letter from the Department of War, Indian division of 

Henry Schoolcraft that relates that the President has made a decision on how to handle treaty funds from the 1836 treaty for our 

colonies in our region. 

It then relates that five distinct denominations would be provided this, and he names how. I take a page then from the Archives that shows which five were involved. It has got our two colonies on it. Then I merely took the page that shows our reservation. 

Mr. ABERCROMBIE. You make reference then to the documents to 

which you are referring here in your testimony? 

Mr. CHURCH. Correct. 

Mr. ABERCROMBIE. Those documents are existent, they do exist? 

Mr. CHURCH. You have them in your possession. 

Mr. ABERCROMBIE. Okay. 

Mr. CHURCH. I just put those briefly in. I realize we have a two 

week period to put the treaties and everything in, but those really 

are the key items that show our point of becoming recognized as 

the groups have said, and we have never not been recognized. 

In fact, the 1855 treaty our Chiefs weren't even included in it, 

and we were supposed to have another treaty after that with the 

Huron Band and us and they never got around to it and we got 

lost. That is why I say we are the lost tribes in this area. 

Mr. ABERCROMBIE. Thank you very much indeed. 

Mr. Gary Shawa, the Executive Director of Burt Lake Band of 

Ottawa and Chippewa Indians I believe is next. 

Mr. Shawa, aloha. 
298 

STATEMENT OF GARY SHAW A 

Mr. SHAWA. Thank you, Mr. Chairman, and members of this 

committee. I had initially, I was going to prepare written testimony 

to present here, but because of the-we were notified that we were 

not going to be given adequate time to present oral testimony, I 

didn't bring mine with me, so I am going to----

Mr. ABERCROMBIE. You can submit it for the record, Mr. Shawa. 

Mr. SHAWA. I guess what I will do at this point is just kind of 

wing it for a few minutes. Like many of the earlier speakers have 

mentioned, the Burt Lake Band are signatory tribes to the treaties 

of 1836 and 1855, and they have made numerous references to improprieties that were committed on the part-or I should say 

maybe misinterpretation on the part of the Federal Government 

with respect to those treaties, namely the treaty of 1855 and Article 5 which seemingly dissolved the, quote, Nation of the Ottawa 

peoples when in essence what it did was just simply return the 

power that those people had back to the individual units where it 

began all along, which basically meant it returned to the bands, 

the individual bands that comprised the Ottawa Nation. 

In addition to that, the other major point that I want to highlight 

is that there was a memorandum that was passed between-in the 

Office of Indian Affairs in I believe it was 1934, I believe it was, 

that did indicate that because of a lack of appropriations, that services would be discontinued to the Indians in Michigan's lower peninsula, and that also included the Burt Lake Band of which we 

are one. 

Those are I guess, you know, some of the major issues that have 

ultimately contributed to our current situation, and the unfortunate thing is that people apparently were unaware or maybe not 

cognizant of the northwest ordinance of 1787 which referred to the 

fact that the utmost good faith should always be remembered in 

dealings with the Indians. 

In essence, that basically means that any type of negotiations, 

treaties or whatever need to be interpreted in the manner that the 

Indians had best understood them. I think that through it all, that 

that has not been the particular case with the Indians in Michigan, 

particularly those in the lower part of Michigan. 

[Prepared statement of Mr. Shawa follows:] 
299 

THE BURT LAKE BAND OF 

6461 E. Brutus Road, P.O. Box 206 ·Brutus, Michigan 49716 • (616) 529-6113 

Testimony of Gary A. Shaw a, Executive Director 

Burt Lake Band of Ottawa & Chippewa Indians 

Submitted To The House Natural Resources 

Subcommittee On Native American Affairs 

Hr . Chairman and members of the Committee, "Thank You " for 

allowing me the opportunity to submit this written testimony on why 

the Burt Lake Band wants their status reaffirmed . The Burt Lake Band of Ottawa & Chippewa Indians are the modern day political successors in interest to the Cheboygan River Band, 

one of the signatory tribes to the 1836 Treaty at Washington and 

the 1855 Treaty at Detroit . This specific type of historica l 

documentation can only be drawn up between two consenting 

independent governments and therefore proves that the Burt Lake 

Band has a government to government relationship with the U.S . 

Federal Government . Since neither treaty has been abrogated or 

altered in any way shape or form and since the Burt Lake Ba nd has 

never been terminated by an act of Congress, the Burt La ke Band 

feels that their status as a recognized group still exists. 

The Burt Lake Band therefore are seeking to have their status 

reaffirmed in order to maintain their tribal identity , cu ltural 

uniqueness and develop a strong tribal government. The Bur t Lake 

Band strongly feels that the results of "non-recognition" upon 

Indian communities and individuals has been devastating and highly 

similar to the results of termination. For Example ; the c ontinued 

erosion of tribal lands or the complete loss thereof; the 

deterioration of cohesive , effective tribal governments and social 

organizations; and the elimination of special federal services. 

Tribal existence forms the core of any Indian community 1 s 

ability to become independent and self-sufficient and the Burt Lake 

Band 1 s tribal existence is one of the Band's continued highest 

priority areas . Consequently , the legislative approach that some 

groups are pursuing before Congress are of paramount importance to 

those of us who are not as fortunate as the •ajority of Indian 

tribes designated as "rec ognized". 

The 1836 Treaty at Washington and the 1855 Treaty at Detroit 

recognized the Cheboygan River Band (A . K. A. Burt Lake Band) as- an 

independent self-governing political entity capable of entering 

into contractual agreements with other separate governments . (U.S. 

Federal Government) It should be noted that Article * 5 of the 1855 Treaty specifically returns the authority to negotiate future 

agreements back to the individual groups/Bands where in essence the authority had been all along . The article is quoted in full and is as follows: 
300 

"The tribal organization of said Ottawa and Chippewa Indians, 

except so far as may be necessary for the purpose of carrying 

into effect the provisions of the agreement, it is hereby 

dissolved; that if any time hereafter, further negotiations 

with the United States, in reference to any matters contained 

here-in, should become necessary, no general convention of the 

Indians shall be called; but such as reside in the vicinity of 

the usual place of payment, or those only who are immediately 

interested in the questions involved, may arrange all matters 

between themselves and the U.s .. without concurrence of other 

portions of their people, and as fully and conclusively, and 

with the same effect in every aspect, as if all were 

represented." 

The Burt Lake Band has had a long and continuous relationship 

with not only the federal government but state government as well. 

The Burt Lake Band has maintained continuous contact with both the 

federal and state government over the years regarding issues the 

Band felt were of vital importance, such as the forced removal of 

the Band from their traditional land of occupancy. 

The "Burn-Out" of the Burt Lake Band occurred October 9, 1900 

and their subsequent pleas for assistance from either the federal 

or state government to intervene on their behalf received only a 

token amount of attention. The Burt Lake Band and the federal 

government initially entered into an agreement to place the 

property owned by the Band in trust with the state governor with 

the Band's understanding that the land could not be sold. However, 

this soon proved to be a fallacy, one that resulted in the Band's 

forced eviction off their own property. 

Another example that made a significant impact on the Band 

consists of a purely arbitrary decision by low level governmental 

employees to eliminate services to the Indians in Michigan's lower 

peninsula and can best be summed up by the following passage: 

"Unless we have the funds and personnel to do a real job in 

lower Michigan, we should stay out of the territory. We all 

know that neither the personnel or funds are available. 

Hence, it would be a crime to disturb the present excellent 

relations between the states, counties and the Indians ... " 

(Walter Woehlke, memo to Indian Affairs Commission, 10/11/39) 

It must be stressed that this was purely an arbitrary 

budgetary management decision that they had neither the authority 

nor the power to do. It in no way alters the fiduciary 

responsibility the federal government has to the Indians in 

Michigan's lower peninsula nor does it change or alter their 

social, legal or political status with respect to their treaty 

rights. 

However, The Burt Lake Band has continued to persevere in 

it's quest for recognition and currently finds itself involved in 

the FAP process. It is extremely ironic that the burden of proof is 

placed upon tribal groups that have already been determined to be 

sovereign nations through the treaties that they were party to. The 

Burt Lake Band continues to strive to maintain tribal existence 
301 

pursuing the FAP process even though it is an extremely expensive, 

time consuming task and a tremendous drain on the Band's extremely 

limited resources . At the current rate of recognition at the Branch 

of Acknowledgement and Research (one and half to two a year) and 

given the Burt Lake Band's filing number (101), it will take at 

least fifty-one (51) years before we are considered and then it may 

take an additional ten to fifteen years before a decision is made. 

"Recognition" may compel the Burt Lake Band to go back to the 

underlying precepts of the relationship between Indian tribes and 

the United States. Inquiries into the recognition issue may very 

well lead to the conclusion that since 1978 the Congress has 

abdicated its responsibilities of recognizing Indian tribes and has 

left it to an administrative procedure that is carrying on with a 

life of its own, and now needs Congressional intervention. 

The fact that Congress continues to recognize or restore 

tribes, and even legislate to authorize the Interior Department to 

acknowledge tribes substantiates a continual trust relationship 

between the federal government and petitioning tribes; not one 

dependent on or thwarted by fiscal policy; one that the Burt Lake 

Band finds to be extremely inviting at this point in history and 

will actively pursue in the immediate future. 

Michigan's current leadership opposes the recognition of 

additional tribes and does not want to be bothered by it . However, 

it should be noted that no Michigan tribes have been terminated 

during the period of 1943-1961, called the termination period. The 

State of Michigan never assumed or received jurisdiction over any 

of the tribes within its boundaries under the Public Law, Act 280: 

"an act which transferred civil and criminal jurisdiction over many 

Indian tribes to the states in which those tribes were located". 

Act 280 was amended in 1968 , so as to require tribal consent for 

any further transfers of jurisdiction to states. 

It should be remembered that Indians were not granted rights 

by any treaty or court decision. They reserved the rights in 

questi on today and today' s courts continue to reaffirm those 

rights. It should also be noted that "treaties" are legally 

binding documents under the Constitution and that the U.S . 

Constitution is the supreme law of the land and great leaders like 

great nations should honor their committment to upholding those 

basic tenets . If there was a grantee in the treaty process, it was 

the U. S. government . In the treaty of 1836 the State of Michigan 

was the beneficiary . 

The Burt Lake Band simply wants t heir status reaffirmed so 

that they may once again practice their right to self-determination 

and remain a proud people. Mr. Chairman and honorable members of 

this Committee, you have a unique and awesome responsibility to 

respond to the needs of your constituents, the Burt Lake Band of 

Ottawa & Chippewa Indians . Thank you. 
302 

Mr. ABERCROMBIE. When you referred to the 1934 incident, you 

said the lack of appropriations. Am I correct? 

Mr. SHA WA. Yes, that is correct. 

Mr. ABERCROMBIE. At that point, was there an argument that 

the appropriations were not coming forward because they were not 

due you or that there was lack of funds? 

Mr. SHAWA. Lack of funds. 

Mr. ABERCROMBIE. So there was no argument that this was illegal or improper, that if the appropriations, had they been available, 

would have been made available because there was a recognition that they were legitimate? 

Mr. SHAWA. That is correct. 

Mr. ABERCROMBIE. In other words, the appropriations were not 

forthcoming not because someone thought that they were an illegitimate appropriation, but rather that they didn't have the money or 

they didn't choose to appropriate it or something of that nature, is 

that correct? 

I am trying to establish here for the record whether or not there 

was an argument at the time as to whether or not the appropriations were appropriate. 

Mr. ALEXIS. Mr. Chairman, I have a quote here in my written 

testimony that Gary could read to you, and it references where that 

came in. It was in a memo that was written. 

Mr. ABERCROMBIE. That is all right. Then we will wait for your 

testimony. That is okay. You understand why I am raising the 

issue. I want to make sure that whether or not there is-at anytime someone has disputed, particularly when money is involved, 

if there is a dispute. 

I am taking it up until Mr. Alexis testifies in any event that your understanding, Mr. Shawa, is that the appropriations simply were 

not forthcoming for whatever reason, but that there was no reason 

to your knowledge that someone questioned whether or not this 

was a legal or legitimate appropriation? 

Mr. SHAWA. To my knowledge, this was an arbitrary decision by 

some low level at the time government officials who just arbitrarily 

made that decision, a unilateral decision. They neither had the authority nor that they had the power to make that decision. 

Mr. ABERCROMBIE. Okay. Thank you. 

Yes, Mr. Church. 

Mr. CHURCH. With reference to that, I know Phil's comment 

won't touch what I would add to that, it was more than a lack of 

funds. There was a concerted effort on the part of some part of the 

United States Government, probably through the Bureau of Indian 

Affairs at that time, to not only cite that the funds weren't available but also to state that we were so assimilated in Michigan that 

we didn't really need any of this. 

There was a report that was developed, it came out to Michigan 

to visit all the kids who had been in Indian schools so people knew 

where a lot of our kids met, and it was called the Holst report, and 

this report seems to cite everybody who has a piece of ground. The 

whole thing was in our thing was to make us as self-reliant as possible, so they cite so-and-so has 40 acres and so-and-so has 80 

acres. And the inference is if they have land, they don't need any 

services from the government. 
303 

This Holst report was extremely damaging to us at the very 

same time they were looking at the appropriations process that you 

will be later hearing about. Thank you. 

Mr. ABERCROMBIE. Again, I am familiar with these similar arguments that if one has been assimilated in a social or sociological 

sense or can be construed to have been assimilated, that therefore 

there is no obligation continuing. 

Mr. CHURCH. It is really comical looking at that report because 

we are looking at some heavy issues and they are looking to see 

how many people still make baskets. Well, certainly we are making 

baskets in various parts of the state, but that is their idea of thewhen we retain our culture that it shows up only in material culture. 

They didn't have a way to look inside our minds and be able to 

see that we still had our traditional ways among our people even 

though we may have had these country churches that were part of 

the missions and had our own bishops because of these churches 

that we were given didn't have a structure for us, so we ran our 

own missions. 

Mr. ABERCROMBIE. Was there anything ever existent in any treaty that you know of that gave governmental authority other than 

your own, the option of stating that at some point they could decide 

whether or not the treaty obligations were still required to be observed? 

Mr. CHURCH. I have never seen any. 

Mr. ABERCROMBIE. Okay. I doubt it exists as well. Anything else, 

Mr. Shawa, at this point? 

Mr. SHAWA. No, sir. 

Mr. ABERCROMBIE. Thank you very much. Then we will move to 

Mr. Alexis, the Executive Director, Confederated Historic Tribes. 

Aloha to you, Mr. Alexis. 

STATEMENT OF PHIL ALEXIS 

Mr. ALEXIS. Aloha to you, Mr. Chairman. 

Originally I prepared a statement and submitted it, and maybe 

to make a little bit of comments they asked us to cut everything 

down to three minutes, and so I highlighted. 

Mr. ABERCROMBIE. The statement will be entirely in the record. 

If you care to summarize it, you are welcome at this time. 

Mr. ALEXIS. Right. So I prepared to summarize it to stay within 

the deadlines of what we were talking about. One of the things 

that I wasn't going to mention was this memo, but I will as I skim 

through this report. 

Mr. ABERCROMBIE. Please. 

Mr. ALEXIS. I would like to thank the committee for having me 

here. I am Phil Alexis, the Executive Director of the Confederated 

Historic Tribes of Michigan. I am also a member and a former 

Chairman of the Pokagon Band of Potawatomi Indians of Michigan. 

I thank you again for asking me here. · The Confederated Historic Tribes of Michigan is a unique organization consisting of five historic tribes in Michigan, each recognized 

by the State of Michigan as Indian tribes. Each is signator to treaties in the United States Government and currently not recognized 

by the Federal Government as Indian tribes. 
304 

The Confederation was created by the Michigan Commission on 

Indian Affairs in 1988 at the request of these tribal councils and 

incorporated as a nonprofit in 1989 to assist the State's historic 

tribes in reestablishing their trust status as independent Indian 

nations and to enhance their capability for self-government and 

self-sufficiency. 

The members of the Confederated Historic Tribes are the Burt 

Lake Band of Ottawa Indians, the Gunn Lake Band of Grand River 

Ottawas, the Little Traverse Bay Band of Ottawa Indians-Odawa 

Indians, excuse me, the Little Traverse Bay Band of Odawa Indians, and the Pokagon Potawatomis. 

At this time the Confederation is assisting each of the member 

tribes to complete the petition for recognition within the Bureau's 

Bureau of Acknowledgment. 

As you have heard from the other panels this morning, three of 

the Confederation's member tribes are also requesting Congress to 

legislatively reaffirm their tribal status in H.R. 878 and H.R. 2376. 

The other historic tribes are actively working to complete the required ethnohistories, compile documentation of the membership 

and respond to the seven criteria for recognition. 

As this work is completed, each member tribe will be submitting 

this documentation to the Bureau of Acknowledgment and Research and requesting bar to reaffirm their trust status as Indian 

tribes. 

As the Confederation and its member tribe has previously testified in the earlier panels, the petition process places an enormous 

financial and human resource burden on the petitioning tribes. 

Further, the process is extremely time consuming and serves to 

continue a denial of right that should not have occurred in the first 

place. 

In reference to the memo that we are talking about, the Office 

of Indian Affairs wrote a memo in the late 1930s containing statements concerning the implementation of the IRA in Michigan. This 

is what it says: "Unless we have the funds and personnel to do a 

real job in lower Michigan, we should stay out of the territory. We 

all know that neither the personnel nor the funds are available. 

Hence, it would be a crime to disturb the present excellent relationship between the states, counties, and the Indians." 

And there was other statements. This is a memorandum from 

Walter Wolke to the Indian Affairs Commissioner dated October 

11, 1939. Each of the Confederation's member tribes are treaty 

tribes and all were previously receiving services from the Federal 

Government. 

The history and circumstances of these Michigan tribes was substantially similar to other tribes in Michigan who have had their 

status reaffirmed. Since 1934, the Grand Traverse Band of Ottawa 

and the Sault Ste Marie band of tribe of Chippewas which have 

identical circumstances as the Confederation's member tribes have 

subsequently been permitted to reorganize under the BIA and the 

IRA. Both the Sault Ste Marie tribe and the Grand Traverse Band 

reorganized in the mid 1970s. 

It is sufficient to note that both these tribes reestablished their 

tribal status just prior to implementation of the cumbersome Federal acknowledgment process. The bills currently before this com-
305 

mittee, H.R. 878 and H.R. 2376, ask the Congress of the United 

States to reaffirm the legal status of the Pokagon Band of Potawatomi, the Little River Band of Ottawa Indians, and the Little 

Traverse Bay Band of Odawa Indians as independent Indian nations. 

The Confederated Historic Tribes of Michigan strongly support 

the passage of these bills to correct an erroneous and improper administrative decision which continues to deny these tribes their 

rights and privil~ges as Indian nations. 

Mr. Chairman, the Confederated Historic Tribes further voices 

its strong support for the Gunn Lake Band and the Burt Lake 

Bands' petition for Federal acknowledgment. However, given the 

laboriously slow [ace of Federal acknowledgment and unless the 

process is revise to expedite petitions, these tribes are also prepared to submit their own legislative asking Congress to clarify 

their status. 

The Confederation of historic tribes will support and assist these 

initiatives from our tribal members. These historic tribes of Michigan should never have had their status as recognized tribes discontinued by the administrative decision and in no other way has their 

status as federally recognized tribes been broken or denied. 

It is unfortunate that we have to come here before you today to 

correct something that should never have occurred in the first 

place, to protect our existence and assert our rights as Indian nations. Each of the historic tribes of Michigan is requesting the 

United States Government to correct a wrongful act and reaffirm 

our status as independent Indian tribes. 

I thank you, Mr. Chairman, for the concern for which you and 

the committee have shown for these historic tribes of Michigan in 

their efforts to normalize their legal status, and I, as the Executive 

Director of the Confederated Historic Tribes of Michigan, stand 

ready to assist this committee to bring this process to a successful 

conclusion. 

Thank you, Mr. Chairman. 

[Prepared statement of Mr. Alexis follows:] 
306 

CONFEDERATED HISTORIC TRIBES, INC. 

2004 E. MICHIGAN, SUITE C. LANSING, MICHIGAN 48912 (517) 485-0000 FAX (517) 485-6222 

Statement of 

Mr . Philip V. Alexis, Executive Director 

Confederated Historic Tribes of Michigan 

at Hearings on the StatU$ of C~rtain Tribes in Michigan 

before the 

Subcommittee on Native American Affairs 

Natural Resources Committee 

U.S. House of Representatives 

September 17, 1993 
307 

Good morning, Mr. Chairman and members of the Committee. My 

name is Philip Alexis. I am the Executive Director of the 

Confederated Historic Tribes of Michigan. I am also a member and 

former Chairman of the Pokagon Band of Potawatomis of Michigan. 

We thank you for the opportunity to speak to you today. 

The Confederated Historic Tribes of Michigan is a unique 

organization consisting of five historic Tribes of Michigan; each 

recognized by the State of Michigan as Indian Tribes; each a 

signatory to Treaties with the United States government and each 

currently not recognized by the federal government as Indian 

Tribes. The Confederation was created by the Michigan commission 

en Indian Affairs in 1988 at the request of its members' Tribal 

Councils and incorporated as a non-profit organization in 1989 to 

assist the State's Histqric Tribes in re-establishing their 

"Trust" status as independent Indian nations and to enhance their 

capacity for self-government and self-sufficiency as tribes. 

2 
308 

The Confederation is governed by a Board of Directors 

comprised of two representatives from each of its member Tribes. 

The Tribes include: 

The Burt Lake Band of Ottawa and Chippewa Indians 

The Gun Lake Band of Grand River Ottawas 

The Little River Band of Ottawa Indians 

The Little Traverse Bay Band of Odawa Indians, and 

The Pokagon Band of Potawatomi Indians. 

At this time, the Confederation is assisting each of its member 

Tribes to complete the petition process for recognition with the 

BIA's Bureau of Acknowledgement and Research. As you have heard 

from the other panels this morning, three of the Confederation's 

member Tribes arc also requesting Congress to legislatively reaffirm their Tribal status in H.R. 87S and H.R. 2376. 

Each of the Confederation's member Tribes is at a different 

stage in the petition proc e ss . The Pokagon Band of Potawatomi 

has completed the documentation of their petition and have 

responded to obvi ous deficiencies identified by the Bureau of 

Acknowledgment and Res ea rch . They are currently waiting for 

their petition to be put on formal review by the B.A.R. This has 

been a ten year process for the Pokagon Band. 

The other historic Tribes arc actively working to complete 

the required ethno-histories, compile documentation of their 

~embership and to respond to the seven criteria for recognition. 

J 
309 

As this work is completed, each member Tribe will be submitting 

this documentation to the Bureau of Acknowledgement and Research 

and requesting the B.A.R. to -re-affirm their Trust status as 

Indian Tribes. 

As the Confederation and its member Tribes have previously 

testified before Congress, the petition process places enormous 

financial and human resource burdens on the petitioning Tribes. 

Further, the process is extremely time consuming and serves to 

continue a denial of rights that should not have occurred in the 

first place. 

As Treaty signatories, all of the Confederation's member 

Tribes were treated as recognized Tribes throughout their history 

until the 1930's. In 1934, Congress reversed its assimilation 

policy and tried to strengthen or re-establish tribal government 

with the Wheeler-Howard Indian Re o rganization Act. Although the 

Michigan Tribes applied f o r reorganization, all of the bands of 

lowe r Michigan - including all the Confederati on 's members - were 

either ignored o r r e j ected. Congress had not appropriated 

adequate funds to carry cut the mandates of the IRA and 

consequently, officials ' at the Office cf Indi a n Affairs 

arb itrarily chos e to end the delivery of s ervices to the Indian 

peoples of Michigan's lower pcnin~ula. 

Offi c e of Indi an Affairs memo r anda written during the late 

1930 's contain revealing statements concerning the implcmcntsticn 

of the IRA in Michigan; f or example: 

4 
310 

"Unless we have the funds and personnel to do 

a real job in Lower Michigan, we should stay 

out of the territory. We all know that n e ither 

the personnel or the funds are available. Hence, 

it would be a crime to disturb the present 

excellent relations between the states, counties 

and the Indians ... " 

(Memorandum from Walter V. Woehlke to the Indian 

Affairs Commission, October 11, 1939) 

It must be stressed that the Office of Indian Services' 

failure to apply the IRA in lower Michigan in no way alters the 

political, social and legal status of the Tribes that remain in 

existence. The Bureau of Indian Affairs does not have the 

authority to terminate a Tribe's federal status and at no time in 

their history have the Confederation's member Tribes' status as 

federally-recognized Tribes been terminated by an Act of 

Congress. These treaty-signatory Tribes have the same status as 

any other Indian Tribe regardless of the Office of Indian 

Services' financial inability to include them in implementing the 

IRA. 

Each of the Confederation's member Tribes are treaty tribes. 

All were previously receiving services from the federal 

govern~ent. The history and circumstances of these Michigan 

tribes are substantially similar to other tribes in Michigan 

which have had their fed e ral status reaffirmed . Since 1934, the 

Grand Traverse Band of Chippewa and Ottawa and the Sault Ste. 

Marie Tribe of Chippewa, which have almost identical 

circumstances as the Confederation's member Tribes, have 

subsequently been permitted to reorganize under the IRA. 

5 
311 

Both the Sault Ste. Marie Tribe and the Grand Travers Band 

reorganized in the mid 1970's. It is significant to note that 

both these tribes re-established their status just prior to the 

implementation of the cumbersome federal-acknowledgement process. 

The bills currently before this committee - H.R. 878 and 

H.R . 2376 - ask the Congress of the United States to re-affirm 

the legal status of the Pokagon Band of Potawatomi Indians, the 

Little River Band of Ottawa Indians and the Little Traverse Bay 

Band of Odawa Indians as independent Indian nations. The 

Confederated Historic Tribes of Michigan strongly support the 

passage of these bills to correct an erroneous and improper 

administrative decision which continues to d e ny these Tribes 

their rights and privil e ges as Indian nations. 

The Confederation further voices its strong support for The 

Gun Lake Band's and the Burt Lake Band's petitions for federal 

acknowledgement. However, given the laboriously slow pace of the 

federal-acknowledgement process and unless that process is 

revised t~ expedite petitions, these Tribes are also prepared to 

submit their own l egislation asking Congress to clarify their 

status. The Confcderatfon will support and assist this 

initiative. 

6 
312 

These historic Tribes of Michigan should never have had 

their status as recognized Tribes discontinued by an 

administrative decision and in no other way has their status as 

federally-recognized Tribes been broken or denied. It is 

unfortunate that we have to come before you today to correct 

something that should not have occurred in the first place. To 

protect our existence and assert our rights as Indian nations, 

each of the historic Tribes of Michigan is requesting the United 

States government to correct a wrongful act and reaffirm our 

status as independent Indian tribes. 

Thank you, Mr. Chairman, for the concern which you and the 

committee have shown for the historic Tribes of Michigan and 

their efforts to normalize their legal status. I, as its 

Executive Director, and the Confederated Historic Tribes of 

Michigan stand ready to work with this Committee to bring this 

process to a successful conclusion. 
313 

Testimony of Michigan Indian Legal Services on behalf of the Confederated Historic Tribes 

in support of H.R. 878 before the House committe on Natural 

Resources , Subcommittee on Native American Affairs 

September 17, 1993 

The Confederated Historic Tribes is a non-profit corporation 

formed by the state recognized historic Indian tribes of Michigan. 

All of the member tribes are recognized by the State of Michigan 

but are not currently on the BIA's published list of federally 

recognized tribes. All of the tribes that are members of CHTI 

entered into treaties with the United States. These historic 

treaty tribes formed CHTI to pool their resources and knowledge in 

their pursuit of federal acknowledgment. 

The members of CHTI are pursuing federal acknowledgment both 

through the administrative federal acknowledgment process and 

Congress. However, because of their treaty status and history of 

dealings with the federal government, none of the Michigan tribes 

should have to go through the BIA's FAP, or any other 

administrative process. All of the tribes are federally 

acknowledged through treaty. None were ever terminated by act of 

Congress. All of CHTI 's member tribes are federally recognized but 

have simply been ignored by the BIA. Congressional action is 

necessary to order the BIA to follow the law: federally recognized 

tribes can only be terminated by explicit Congressional 

legislation. 

Following the law with respect to treaty tribes would not 

throw the BIA's acknowledgment process into disarray. Only a tiny 

fraction of the petitioning tribes are treaty signatories. 

Congress cannot allow the BIA to unilaterally terminate tribal 

status, which is exactly what it has done to the historic tribes of 

Michigan. 

CHTI's members fall into two treaty areas: The Chippewa and 

Ottawa members signed the 1836 and 1855 treaties that ceded much of 

northern Michigan. The Potawatomi members entered into a number of 

treaties in the early nineteenth century culminating in the Chicago 

treaty of 1833 that ceded much of southwest Michigan. 

The exclusion of most of the 1855 treaty tribes from the BIA' s 

list resulted from historic mistakes and neglect. From pre-treaty 

times through the present, Chippewa and Ottawa tribal political 

units were loosely affiliated small bands and villages. There was never a Chippewa or Ottawa nation. Yet, the United States created 

a fictional Chippewa and ottawa nation for expediency in treaty 

negotiations. Article five of the 1855 treaty dissolved this 

fictional united nation: 

ARTICLE 5. The tribal organization of said ottawa and 

Chippewa Indians, except so far as may be necessary for 

1 
314 

the purpose of carrying into effect the provisions of 

this agreement, is hereby dissolved; and if at any time 

hereafter, further negotiations with the United states, 

in reference to any matters contained herein, should 

become necessary, no general convention of the Indians 

shall be called; but such as reside in the vicinity of 

any usual place of payment, or those only who are 

immediately interested in the questions involved, may 

arrange all matters between themselves and the United 

States, without the concurrence of other portions of 

their people, and as fully and conclusively, and with the same effect in every respect, as if all were represented. 

It is critical to understand that this provision did not terminate 

the individual bands which were the tribal political units all 

along. It only terminated something that never existed in the 

first place, a united Ottawa and Chippewa nation. However, the BIA 

interpreted this provision as terminating all tribal groups. The 

BIA's historic position that the 1855 treaty terminated all tribal 

units has been repeatedly repudiated by both federal and state 

courts. 

The BIA itself deviates from its own historic interpretation 

of the treaty by recognizing the Bay Mills Indian Community, the 

Sault Ste Marie Tribe of Chippewa Indians and the Grand Traverse 

Band of Ottawa and Chippewa Indians. This recognition of some, and 

exclusion of other 1855 treaty tribes is wholly arbitrary. The 

current inequitable situation is due to the BIA's misinterpretation 

of the treaty and its running out of money to implement the Indian 

Reorganization Act during the 1930's. The historic treaty tribes· excluded from the BIA's list are the victims of historic 

happenstance. 

The Potawatomi Bands of southwestern Michigan ceded the lands 

that were to become southwestern Michigan in a series of treaties 

ending in the 1833 Treaty of Chicago. The 1833 treaty was a Jackson era removal treaty. The majority of the Potawatomi signers were forced to leave the Michigan territory under the provisions of 

the treaty. However, Pokagon' s Band refused to enter into the 

treaty until a special provision was added allowing them to remain 

in Michigan. 

The BIA ignores the tribal status of the groups that remained 

in Michigan. Annuity payment records prove that the BIA was fully 

aware of the tribal groups remaining in southwestern Michigan. 

However, as with the Ottawa and Chippewa to the north, the 

Potawatomi groups were denied reorganization during the 1930's due 

to a lack of appropriations to implement the IRA. 

The BIA recognizes the groups that left southern Michigan 

after the 1833 treaty, including the Forest county Potawatomi, the 

Hannahville Indian Community, and the Citizens Band of Potawatomi. 

2 
315 

The BIA 1 s recognition of the groups that left and exclusio~ of the 

groups that still live where they did during treaty times is 

completely irrational. The Potawatomi tribes in southern Michigan are also the victims of mistake and neglect on the part .of the 

federal agency entrusted with a fiduciary responsibility toward 

them. · 

The BIA 1 s past and continuing breach of the trust 

responsibility caused these tribes 1 exclusion from the .list of 

federally recognized tribes. The United States had no trouble 

recognizing the Michigan historic tribes when it needed their land. 

It is unfair and absurd to now subject them to an administrative 

process to prove that they are federally recognized. 

3 
316 

Mr. ABERCROMBIE. Thank you, Mr. Alexis. Is your job as Executive Director for the Confederated Historic Tribes Inc.-is the Confederated Historic Tribes Incorporated a nonprofit entity that has 

as its foundation the five tribes mentioned? 

Mr. ALEXIS. That is right. They sit on our board, two representatives from each group, and it just happens to be their Chairman 

and one other delegate, usually it is the counsel. Our main objective right now has been the acknowledgment process for the member tribes. 

Mr. ABERCROMBIE. And you are a member yourself of which 

tribe? 

Mr. ALEXIS. I am a member of the Pokagon Potawatomi that 

were on panel two. 

Mr. ABERCROMBIE. Okay. Now, the difficulty here under the 

present resolutions that are under consideration, 878 and 2376, the 

Gunn Lake Band and the Burt Lake Band are still up in the air; 

is that right? 

Mr. ALEXIS. Well, they are not so much up in the air. They 

haven't determined-well, I can't speak for them really. In a way 

a little bit, but they have not decided to pursue legislative actions 

yet. I would yield the floor to both the Burt Lake Band and the 

Gunn Lake Band to answer that, Mr. Chairman. 

Mr. ABERCROMBIE. Okay. Well, perhaps you have already gone 

over that with the Chairman. 

Mr.CHURCH.Ourband,w&---

Mr. ABERCROMBIE. I just want to make sure that I have a clear 

understanding. 

Mr. CHURCH. We will come to you guys for legislation if the bar 

don't work for us. We are giving that bar one last chance. 

Mr. ABERCROMBIE. I see. Okay. That settles it. 

Mr. FRAZIER. Mr. Chairman, the Burt Lake Band is also in the 

process of accumulating their documents to file with the Bureau, 

and we hope to in the immediate future seek special legislation 

also. 

Mr. ABERCROMBIE. So the intention is there? 

Mr. FRAZIER. Right. 

Mr. ABERCROMBIE. And that is on the record? 

Mr. FRAZIER. Right. 

Mr. ABERCROMBIE. For both bands? 

Mr. FRAZIER. Well, we haven't officially taken our documentation 

into the Bureau, but we will-we are getting to the point of completion where we can come to Washington to the Bureau and hand 

them our documents. 

Mr. ABERCROMBIE. But you made a public statement of your intentions? 

Mr. FRAZIER. Right. 

Mr. ABERCROMBIE. Okay. Very good. I wanted to say that I do 

find it rather ironic that I was at a signing of an agreement on the 

White House lawn between the Palestinians and the Israelis, and 

we seemed to move that along and we seem to have to have a 

whole routine going on here about recognition of people. 

Mr. CHURCH. Those were splinters of our tribes. 

Mr. ABERCROMBIE. I notice we can't wait to get the money over 

there, too. In fact, where I was sitting every time someone on the 
317 

stage mentioned how important it was that we all understand and 

recognize the historic opportunity that existed with the agreement 

signed on Monday, I heard someone behind me saying this is getting more expensive by the minute. 

So I hope we can show at least as much regard for the native 

people of this continent as we can for others existing elsewhere in 

the world. If we are going to recognize brothers and sisters overseas, we ought to be able to recognize brothers and sisters on the 

same continent upon which we walk. 

Let's see. I have sermonized sufficiently, Mr. Alexis, I presume 

for you for the moment, right? 

Mr. ALEXIS. Okay. 

Mr. ABERCROMBIE. Okay. Thank you very much. I appreciate 

that. I did have one other question I wanted to ask you. Is it your 

understanding, would it be the position of the Confederated Historic Tribes Incorporated that the Indian Reorganization Act of 

1934 was clearly intended by President Roosevelt and the supporters to reestablish the idea of tribal recognition and tribal action as 

opposed to based strictly assimilationist disintegration attitude 

which may have existed previous to the act. 

Mr. ALEXIS. I think the Wheeler-Howard Act of 1934 was a 

change in direction by Washington to discontinue the practice of 

assimilation prior to that, and it was an attempt to establish and 

recognize the tribes in the country. 

I think each one of us members of Confederated Historic Tribes 

had made communication and requests to Washington in regards 

to reorganization under the IRA, and I think Mr. McClurken in the 

two previous panels mentioned that. It is mentioned in Pokagon's 

ethnohistoric report that was submitted to bar, I think it is mentioned in the other tribes ethnohistories and cited in their documentation for acknowledgment. 

The Bureau had made trips to Michigan, and I also am familiar 

with that, to look at and let us believe that they would purchase land within our communities, as much as 100 and 150 acres, but 

it never came about. And all of a sudden we realized that in 1938, 

I believe it was, the administration arbitrarily made decisions that 

denied us those rights, and that is why we are talking about some 

of the decisions that the administration has made. It was never 

Congress, it was never the President, it was a decision that we 

want corrected. 

Mr. ABERCROMBIE. Okay. So the reason I bring that up is that 

assimilation-my own view of this is that assimilation, per se, is 

not necessarily a bad thing. That is to say that you live in the real 

world, you live in the world in which you actually exist. If one has 

mental problems, you live in a world of imagination exclusively, so 

if you do live in the real world, you have to deal with those elements that exist around you at that time in contemporary time. 

So my view wasMr. ALEXIS. Mr. Chairman, my father was one of those who 

spoke Indian, and my mother does yet, still speak Potawatomi. 

They were taken away from their home and placed in boarding 

schools in Mount Pleasant. That is also cited in some of our documentation. It was an attempt on behalf of the government to do 

that. 

84-978 - 95 - 11 
318 

Our elders in our council, and I think Tom mentioned that, too, 

we have a strong traditional background. We have strong cultural 

ties, we maintain our language, our tribe. Right now, on Wednesday, we teach language classes in the hall. We are not federally 

recognized, but we are a tribe, we still maintain those rights. 

We still look for-we are not asking for handouts or programs, 

we are asking for our legal right back to act as a tribe, to assist 

the members with the needs that they need. 

We talked about Indian Child Welfare, that is just the program. 

As leaders and as elected leaders and spokesmen for our people, we 

have to represent them, we have to address the needs. That is our 

responsibility, and that is what we are talking about when we 

come and ask for reaffirmation of our treaty rights. That is the 

right that we are really talking about. 

Mr. ABERCROMBIE. I understand. Again, I will draw a parallel. 

Hawaiian children were taken at one time, put into the schools and 

forbidden to speak Hawaiian under activities initiated when I was 

in the legislature and when some others were in the legislature. 

And under our current superintendent of education, we now have 

total immersion classes in Hawaiian in Hawaii, in elementary 

schools. 

The interesting thing is, what I wanted to bring up about assimilation, is that we find that children who are in total-Hawaiian 

children who are in total immersion Hawaiian schools speak English better than those and have a better command of English than 

those who have not had the experience of total immersion. 

Mr. ALEXIS. English is the hardest language for me to speak. It 

has so many meanings. If you have another word you know what 

a verb means, it makes it a lot easier, I agree. Mr. ABERCROMBIE. A lot easier, right, in a whole lot of ways. 

Again, the reason I brought that up is my contention has always 

been that there is a confusion, speaking the multiple means of English. Assimilation means-assimilation should not mean obliteration, and my view was that the assimilationist policy was viewed 

by the government or some people on-who oppose the tribes as actually meaning obliteration, whereas to me, assimilation means the 

opportunity to operate from one's cultural and traditional base in 

the world as it exists now with a solid foundation, a sense of self, 

a sense of place, a sense of history that would not otherwise be 

available to you, you would not be cast adrift. 

Well, that is again my reflections on this, but I do believe that 

assimilationism was a code word for many people in authority for 

obliteration. 

Mr. CHURCH. It also was a process of a certain period of time in 

our dealings with the government because there are others within 

this room that also have lands like we did, the lands that were provided to some of the tribes like the bands of Burt Lake in the 1850s 

through church organizations and held through church organization were lands that were there. 

The policy changes that took place first were to those of us that 

still had annuity payments, were receiving annuity payments, they 

thought that was damaging for us to be able to get money for just 

living on these reservations, so there was about a 10 to 15-year pe-
319 

riod where this was a great philosophic debate so we lose our annuities. 

The next piece was that we had these lands just prior to the 

Dawes Land Allotment Act, they still had church organizations 

working along with us. Everybody thought it was a bad thing for 

us to just have this land and not have to do very much, and so we 

ended up having the land all parted out individually. 

I don't know how many others besides our two bands got the 

land parted out, and it is a good thing, we thought, to get this land, 

but how the hell do we get all five years of taxes the very first day 

that we get the deed and how are we going to pay these kind of 

things? Then when you get from 1890 to the 1930s, the idea was 

we don't have anything, let's assimilate these groups all the way 

into society. There is a process. 

In 1939, it is odd that the United States Government deals with 

us almost in 50-year periods and unfortunately for us guys-maybe 

not for some other tribes, but for us guys-we have been dealt with 

in the 50-year periods when the United States has been in depressions. 

In 1830--

Mr. ABERCROMBIE. Your sense of timing isn't so hot, is it? 

Mr. CHURCH. We had the most land, and that was the thing. The 

United States bailed its economy out in the 1830s to 1841 on our 

treaties in Michigan. In 1841 was the last time the Federal budget 

was balanced, and it was balanced on the back of our treaty lands 

that W!iS parted from us and sold. 

The Dawes Land Allotment Act came in a particular period in 

American history when America was again economically on the 

rocks. Our lands are parted out, taken into the Federal trusts and 

then sold out again in the 1930s. By that time, we didn't have land 

and the idea was to make taxes for everybody. 

I think in that period of time, we all became Indians to a certain 

degree, we became citizens in 1924. I think the benefit there was 

so that those of us who had jobs could pay taxes to support the government. 

Thank you. 

Mr. ABERCROMBIE. Okay. God save you from those who want to 

help you. 

Mr. CHURCH. That is right. 

Mr. ABERCROMBIE. Okay. I think we are going to conclude, then, 

with Mr. James Keedy of Michigan Indian Legal Services. 

Aloha, Mr. Keedy. Thank you for being here and thank you for 

your patience. 

STATEMENT OF JAMES KEEDY 

Mr. KEEDY. Thank you, Mr. Chairman. I just have a few brief 

points. One of the interesting things that I have noticed in all this 

discussion is there is two basic groups in Michigan in one way. 

There is the Ottawa Chippewa tribes that had the 1836-1855 treaty, and then there is the Potawatomi groups that concluded their 

land sessions with the 1833 treaty. 

If you look at those two groups, you will see the haphazard nature of Federal recognition. The 36-55 treaty of those bands that 

made up those treaty signatories, the Grand Traverse Band of Ot-
320 

tawa Chippewa Indians is federally recognized, the Bay Mills Band 

of Chippewa Indians is federally recognized, the Sault Ste Marie 

tribe of Chippewa Indians is federally recognized. 

These other groups are also signatories to these treaties and are 

not fairly recognized. The 1833 treaty of Chicago with the Potawatomi groups, the Hanaville Indian community in Upper Michigan is federally recognized, the Forest County Potawatomi are federally recognized, the Pokagon Band of Potawatomi Indians is not 

federally recognized and the other Potawatomi bands in Michigan 

aren't recognized. Same treaties, same people, different results. 

I think part of the answer to your question that you raised earlier about the IRA, was there a legal reason why the money 

couldn't be appropriated, is answered in the same way. You look 

at the organization under the IRA, the 36-55 Chippewa Ottawa 

groups, the Bay Mills Indian community was organized under the 

IRA. The other groups that are here today were not. 

The Hanaville Indian community was organized prior to the IRA, 

so it is not quite the same argument, but they are again organized 

in the 1900s in appropriated money by Congress to establish a reservation like 1913 I think was the year. 

So again haphazard, some groups the same treaty are recognized, 

some aren't, some under the IRA are, some aren't. Another point 

you mentioned I think I would like to make is about the branch 

of acknowledgment and research and in the assimilationist policies. 

One of the reasons that the groups are here before Congress 

today is that the branch of acknowledgment research is using assimilation to extinguish tribes. 

Mr. KEEDY. They look at social aspects. We come to them with 

150 years of political action on behalf of the tribal counsels. They 

say, well, we have to look at social interaction. Who goes to marriages? Who goes to funerals? And then we will describe whether 

you are a tribe or not. They are extinguishing political rights. 

[Prepared statement of Mr. Keedy and attachments follow:] 
Will•- J . lr•oU 

$aHA,.,.,., 

321 

Michigan Indian Legal Services, Inc. 

T•Mphone f616J 947-0122 

F•c•imiht t6r6J 947-3956 

ToN ,,.. f800J 968-6877 

Testi mony of James A. Keedy, Michigan Indian Legal Services before the House Natural Resources Committee 

Subcommittee on Native American Affairs 

in support of H. R. 878 a bill to reaffirm the federal relationship with 

the Pokagon Band of Potawatomi Indians 

September 17, 1993 

. . I would like to thank the committee for allowing me to give 

testimony in support of H.R. 878. This bill would reaffirm the 

long standing relationship between the Pokagon Band of Potawatomi 

Indians and the United States. It will at long last give the 

tribal council the tools needed to provide for their people, many 

of whom live in poverty . The Pokagon Band has successfully 

struggled to maintain its identity as a people and a right to decide for themselves how best to live their lives. The bill, by 

restoring the promised federal assistance, will assist them in 

continuing to do so. 

The history of the Pokagon Band is a simple quest to be left 

alone to live as they choose. The beginning of this quest was in 

1833. The tide of European immigrants to their homeland made it 

inevitable that they would be required to enter into treaties 

with the United States in an attempt to preserve some of their 

way of life. The treaty making began in 1795 and ended in 1833 

with the Treaty of Chicago. In that treaty every other Potawatomi 

band agreed to move from Michigan. The Pokagon Band alone 

insisted that they should remain in Michigan to pursue the way of 

life they had led for hundreds of years and practice the Catholic 

beliefs they first adopted when French missionaries came to them 

in Southern Michigan in the 1600's. 

The adoption of Catholicism aided the band in its strategy to remain in their homeland. The Church provided a buffer against 

the encroaching Europeans. As with the Pueblo peoples of the 

Southwest, they adapted Catholicism into their traditional way of 

life, and actually used it to strengthen and protect their Indian 

identity. The Kalamazoo diocese, in southwest Michigan, through its India n ministry, has become a staunch defender of the 

Pokagons' traditional practices. 

The Pokagons immediately found that their negotiated right to remain in Michigan would be difficult in spite of the 

promises. The treaty required they move north by 1836 to L'Arbre 

Creche (the Crooked Tree near present day Good Hart, Michigan) 

but they found that in that same year the Ottawa and Chippewa had 
322 

ceded that land to the US and there was no place to go. They had to buy back their own land in southwestern Mich~qan where they have continued to live to this day. 

But tb live among the many settlers in the rich farm land of 

southern Michigan meant that they had to compete with farmers for 

land and livelihood. soon most of the game land was under plow. 

Fortunately, the farmer found little use for the huckleberry 

marshes and some of the people sitting in this room continued the 

annual cel~bration gathering to harvest huckleberries as had 

their anc~tors for hundreds of years. 

To c~mpete with the farmer (and pay taxes on their land) 

they needed the money from the perpetual annuities promised in 

the treaties as compensation for their land cessions. The federal governmen~'s failure to pay the annuities at all led to the first 

of many 19ng collective battles to enforce promises made by the 

United St+tes. During the critical time from 1836 to 1843 when 

they were~ still subsistence farmers and hunters they received none of t eir land cession payments. Because the United States 

did not k ep its word the Pokagon Band lost its land to tax sales 

and distr ss sales to pay debts. The tribe petitioned Officials 

in Indian !Affairs and finally succeeded in getting a small 

portion o~ their promised annuities paid until 1866. During these 

years the~ worked hard to gain the full amount due them. They 

repeatedly\ petitioned Congress. Reports of the 36th, 37th a~d 

38th congr~ss agreed that the promises had not been kept and the 

United Sta es owed them moriey. In 1866 the Band was paid a portion of. what was due, but congress wrongly stipulated that the 

1866 paymebt would be payment in full for all claims past, 

present anf future. 

The band's business committee (the arm of the tribe that 

dealt with the outside world) immediately set about to remedy 

this latest breach of the promise to pay annuities and reports of 

the 41st, 42nd, 43rd, 44th, 45th, 47th, 49th and 51st congresses 

testify to their persistence. As part of their struggle the band 

hired an attorney, whose contract with the tribe was approved by 

Commissioner on Indian Affairs in 1882. Finally, Congress 

recognized the wrong coaaitted them and authorized a suit against the united States in the Court of Claims. Many years of 

litigation resulted before payment of the claims were made in 

1896. 

Even though business with the government did not continue to be a priority for the Band again until the 1930's, the tribal 

government continued to function and meet. We have meticulous 

hand written minutes fro• the 1890's, 1900's, 1910's and 1920's 

concerning elections of chiefs and chairmen, problems with 

membership questions and sanctions for unacceptable behavior. The 

council continued to be a vibrant institution for Band members. Band members do not have to rely upon written records to retain 
323 

Michig.n lndi•n Legal Servic•• testimony in •upport of H.R 878 

the history of the functioning of the tribal council through the 

years. For example, present tribal council treasurer Rae 

Daugherty's grandfather, Kawtuckmuck, was a young man at the time 

of the treaty in 1833. Her father, Michael Williams, born in 

1880, was on the council from the late 1890's to his death in 

1969 as interpreter, secretary or chairman. Many other present 

day council members can count fathers, uncles and other relatives 

among the members of past councils. 

The 1930's saw the end of a practice that has caused great 

harm to the Pokagons' desires to choose their own path. Many Pokagon Band members were sent to the Indian school in Mt. 

Pleasant, Michigan. Current tribal member Phil Alexis' father, 

former tribal chairman, Mark Alexis attended the school. Phil 

attended another government Indian school, Holy Childhood, in 

Harbor Springs, Michigan. Another tribal member, Elizabeth 

Ballew, recounted at a gathering of elders in 1991 that she did not speak English until government people forced her to go to the 

Indian school in Mt. Pleasant. She stayed at the school until it 

closed in 1934. She commented how strange it is that she no longer speaks any Indian. 

In the 1930's the federal government finally passed 

legislation that allowed Indian tribes to gain the necessary 

legal protection so that they could live in the midst of an overwhelming majority while continuing to follow their own way. 

It was the Indian Reorganization Act (IRA), Act of June 18, 1934, 

48 Stat. 984. It promised relief especially for landless Indians 

like the Pokagon Band. The Pokagon Band council set about 

immediately to organize under the IRA. 

Unfortunately, the economic depression of the 1930's 

curtailed the government's plans and a decision was made to 

refuse the request for reorganization under that act to any tribe 

in Michigan's lower peninsula. 

That decision had unfortunate consequences for the Pokaqon 

Band because the depression worked greater hardship on the 

Pokagon Band members than the general public. In a 1940 letter to the government John Williams, Rae Daugherty's uncle, wrote "Winter is coming again and it is hard for an Indian to rent a house, no work no money, all they can get is the berry shanties to live in for the winter and sometimes they live in tents all 

winter." 

Even worse, as a result of the refusal to apply the IRA to lower Michigan, the Pokagon Band's ability to be left alone to propagate their culture and beliefs was put to an extreme test. Just this week tribal member, Earnest Daisy, came to the council 

to ask for its assistance in obtaining custody of his nephews and 

niece. They have been placed in non-Indian foster homes. They 

will likely lose contact with their culture. The federal Indian 
324 

Child Welfare, Act 25 USC S 1901 ~. was passed by Congress to solve problems like this. But the act has been interpreted by state courts to apply only to children of federally recognized 

tribes. Attorneys from Michigan Indian Legal Services have 

represented several band members who sought to keep Indian 

children in Indian homes. MILS attorneys have not had any success because the courts rely upon BIA's statement that the Pokagon 

Band is not recognized by the federal government. 

The Pokagon Band's long struggle has had one fortunate side 

effect. The government always demanded that the Band members show 

their relationships to the people who gained the treaty right to stay in Michigan. Thus, the Court of Claims in 1892 left to the 

Commissioner of Indian Affairs (COlA) to decide who was to be 

paid the back annuities it awarded . The Commissioner decided that 

it .was the people paid annuiti es from 1843 to 1866. That decision was approved by the Secretary of the Interior. See Secretary of 

Interior to COIA, January 4 & 10, 1896; in NAM M606 R87: 248 & 

262. Thus the COIA sent Indian agents to the Pokagon Band to conduct a census. A copy of the transcription of Agent Shelby's census is attached. It is this census that defines membership in 

the Pokagon Band today. Because of the struggle to obtain their 

rights the Pokagon Band has a clearly documented listing of their 

members from the 1833 Treaty of Chicago, to the annuity rolls of 

1843 and finally Agent Shelby's census of 1896 which is used 

today to define membership in the Band. 

This week in this city an agreement was signed that brought 

thousands of people into the streets of Jericho to express their 

joy at being given limited self rule. The Pokagon Band members 

have been petitioning the federal government to reaffirm their 

right to exercise limited self rule far longer than the Palestinians. 

The Pokagon Band has come to Congress because it is the only proper forum for a request for reaffirmation of their 

relationship with the federal government. Congress, by treaty and 

statute, has recognized the Pokagon Band. For some reason the 

administrative branch of the government has ignored that and 

insists that the Band must be re-recognized in order to exercise limited self rule, preserve their culture and protect their 

children. 

To require a treaty recognized tribe, like the Pokagon Band, to go through the process set forth in 25 CFR 83 is wrong and is 

against the policy and law of the United States. There are over 300 tribes in the continental United States and only 8 have been 

acknowledged through the process set up by 25 CFR 83. Inequities are created by the process, not solved by it. The Branch of 

Acknowledgment and Research has had the Pokagon Band's petition 

for federal acknowledgment since 1988. There is no telling how 
325 

Michigan Indian Legal Services testimony in 11uppon of H.R 878 

much longer the Pokagon Band members will have to wait if they are required to go through the process. 

The vast majority of tribes have been recognized by the 

Congress of the United States through treaties ratified by the senate or both the House and Senate. There is no credible source that has claimed that Congress has recognized even one tribe that was not a genuine Indian tribe. 

An additional number of tribes have been recognized through 

the executive branch of the government, either through an executive order of the President or through action of the Bureau 

of Indian Affairs. In 1976 (two years before the effective date 

of 25 CFR 83) the Solicitor in a memorandum to the Secretary of 

the .Department of Interior reported that tribes had been 

recognized by various officials in the Department of the Interior 

without any action by Congress or the President, including two tribes recognized by the Acting Deputy Commissioner on Indian 

Affairs, one by Commissioner on Indian Affairs, one by a letter 

from the Assistant Secretary of the Interior for Indian Affairs 

with a supporting letter from the Acting Director of the Office of Indian Services. 

Last year in testimony before this committee, Vine Deloria, 

Jr., listed 143 tribes that had been recognized between 1900 and 

1950 . The process then was a simple act of formalizing a relationship between the federal government and Indian people 

because of the haphazard way federal services had been applied in 

the past. Now the process has become a complex, cumbersome and 

expensive procedure that effectively terminates Indian tribes. 

The criteria for acknowledging an Indian tribe as set forth 

in 25 CFR 83 are not the sole criteria for acknowledging all 

tribes. To apply the criteria to all tribes is inequitable. Bud 

Shapard, former Chief, Branch of Acknowledgment and Research, 

stated in testimony before this committee on July 8, 1992 that 

the process set forth in 25 CFR 83 was not meant to apply to all 

tribes. 

The criteria set forth in 25 CFR 83 do not comport with the 

law . In 1976 the Solicitor of the Department of the Interior 

reviewed the history of federal acknowledgment in a memorandum to the Secretary of the Interior. The memorandum first looked at the 

definition adopted by Felix Cohen's Handbook of Federal Indian ~; 

The considerations which, singly or jointly, have been 

particularly relied upon in reaching the conclusion that a group constitutes a 'tribe' or 'band' have been: 

(1) That the group has had treaty relations with the 

United States. 
326 

Michigen lndien Legal Service• testimony in support of H.R 878 

{2) That the group has been denominated a tribe by act of Congress or Executive Order. 

{3) That the group has been treated as having collective rights in tribal lands or funds, even 

though not expressly designated a tribe. 

{4) That the group has been treated as a tribe or band 

by other Indian tribes. 

(5) That the group has exercised political authority over its members, through a tribal council or 

other governmental forms. 

Other factors considered, though not conclusive, are 

the existence of special appropriation items for the 

group and the social solidarity of the group F. Cohen, 

Handbook of Federal Indian Law 271 {1942) {footnotes 

omitted). 

Memorandum from the Solicitor to the Secretary of the Interior, 

p 5 {1976) 0 

The Solicitor further found that "It has not been necessary 

for a tribe seeking to be 'recognized' to satisfy all five 

principal criteria ... " However, the Pokagon Band does meet all 

five as shown above. It was specifically singled out in the 1833 

Treaty of Chicago and the Acts of Congress in 1866 and 1896. Both acts of Congress recognized the Pokagon Band as a tribe and its 

right to pursue past due annuities collectively. Tribes in 

Michigan and elsewhere have treated the Pokagon Band as a tribe. 

The brief history above has shown that over the course of years 

the Band has acted on behalf of its members and bound them to the 

result. The Michigan Commission on Indian Affairs {Michigan law has placed the commission in the Governor's office and 

commissioners are appointed by the Governor) in written testimony 

submitted to this committee states that it recognizes the Pokagon 

Band as an Indian tribe. Just last saturday the Police 

Administrator {similar to a chief of police) of the Weesaw 

Township Police Department came before the tribal council and asked permission to use a likeness of Chief Wesaw (an 1833 treaty 

signatory and member of one of the groups collectively known as the Pokagon Band). The Police Administrator recognized the 

authority of the council to act on behalf of all its members. 

The Pokagon Band has been repeatedly recognized as an Indian 

tribe by Congress. The administrative branch of the government 

has no authority to repudiate that. In summarizing the criteria for recognizing Indian tribes the Solicitor reviewed The Kansas 

Indians, 72 u.s. 737 {1867). As a result it concluded that the Court had issued an opinion"··· making clear that one of the 

prime indicia of federal recognition of an Indian tribe is the 

Page 6 
327 

Michigan lnchn Lege! Services testtmonv in 1upport of H.R 878 

execution of a treaty with the tribe." The Solicitor concluded "In our opinion , tribal existence continues until specifically 

terminated by Congress, and we can find no solid authority for 

the proposition that this Department can alone disestablish a tribe". By refusing to provide services to the Pokaqon Band the 

Department of the Interior has sought to disestablish the tribe 

without authority to do so. 

This matter is where by law it ought to be, before the 

Congress of the United States. 

Congress must reaffirm the political status of the Pokagon Band of Potawatomi Indians because there is no other proper forum 

for _their request. 

Not only was the process set out in 25 CFR 83 not meant for 

treaty tribes it does not work for treaty tribes. It is time 

consuming and expensive. Already it has been five years since the 

Pokagon Band petition has been submitted. The Branch of 

Acknowledgment and Research (BAR) has since 1991 considered them 

"ready" to go on active consideration but they are currently 

fourth on the list to be reviewed . Since the BAR assigned 

priority numbers based on first contact with tribes, tribes with lower priority numbers can and will come along and push the 

review of the Pokagon Band petition further down the list. It may 

be 10 or 20 years before review of the Pokagon Band petition is 

completed. The BAR has completed work on 21 petitions since 1978 for an average of 1.4 a year. 

Basic fairness demands that Congress act . The United States 

has long held out the promise of limited self rule for Indian 

tribes to induce their cooperation. But the tools for that depend on "recognition". Rae Daugherty's father worked his entire life 

on these issues, from a young teen until his death at age 89 . The 

present council is entitled to see this process completed before 

they too are gone. 

JAJC\WPj JIWORK\PINJ9J j .TST 
328 

Annuity Pay Rol l ccrtifico.tc 0f nittnr.::;sco .. 

Yle, the wtder~iunec1 here by certify"" h<.mor, thnt r.f'! ucre prtsent e.nc.l t1itncooed 

the payn!Cnt bl:' !.l,D .. Shclby Spl . llni ted Staten Indinn o.,~r.nt, on the reApectivc dates 

menti ...,ned in the ~r{;:-il'l{; Of\)T:•ll Ctf the se.,cral r.wns to the indivudala ooo, sit vhoee 

no.:nc our cip1ature nrc o.ffi::.;:cc\ o.::. "i tnccscs ,nnd thc.t ne so.l: ~n.id indi vduaiS sic:n the srune ,by writinc thpir nn•ne ('IT mnl:ine: their mnrk;nnd the pa.-:;es C)!' sn.id Payr~ll c.ro numbere ( 

from one(1)b ten (IO) inclusive o.nd c :·ntair.r. tho munes -r, mo hw>drod seventy ttto(27~) 

rs ~· ns, nurnb·?r&d from (I}to (272) inclusive, nnd ne further docla.re our intire. 

dis interestedness in thio matte r. 

Dec.9,l896 1 Alvnh .G. Smith . Dc o.IO,I896, C.martin. 

Dec.l6,!65'6, C.Crovin. 

l'ec.II ,I896, Daniel IJ~r:p_w . 

Doc.I5,1B96, A.B.Gardncr. 

Dec .15,IB96 1 D.H.Cnen. 

llov. 12,1896 ,J .11.Clnrk. Dec . I,I896 1 1'h·,mas ~po. ah. 

Dec. 3,I896,li.G.IIiley. 

Dec. 3,I896 ,Sir.10n Pd~:;on. 

Dec. 5 1 1896,H.C.Cronby. 

Dec . 8,189ti,Chas. Blaine. 

Certificate of the lnterpeters. 

We, t he underci;,ued Interpeters, hereby certify and Tie were present and witnessed 

the paytnont by U.D.Shelby Spl. Indian ne;,nt on the respective dates r.>entic-ned in the 

f "ree;d ng Pay Holl,of the several sums tn the individuals vho he.ne receipted for the 

some;thet tte we.s sa;.d individuals nign the same,b:• =iting or 'llllkins their mark;tlu:.t 

ue fully e"Plained the mture of the said peYJ!l"'·nts to the said individuals; that the 

P~G • of the said Pay Hall are numbered from one (I) to t~n(10)incluDive and contain 

the nnmes of tl7o hundred seventy tr.o (272)persons 1numbered one (1)to t1to hundred seventy 

t10o (272 )inclusive. 

De c. 9,1896, lsnnc Hall. 

Dec . l9,!B96 ,C.Ms.rtin. 

Dec .II 1 I896, Daniel :.!0\lOo 

Dec. 

Dec. 

Dec. 

1,1896, Thomas Tnpaoh. 

~,189 . Sim·.·n Pa~-l'. on. 

8, 1896 1 J osoph Cuohnay. 

I,J.!.D.Shnlby Spl. United States Indian &G'nt,hcrcby certifY! on honor, that on tho re!;pective dates !nentioned in the foregoing Po.y Roll I made payment of eevenU 

sttas to the individuals nho rccieptcd f :·r the o3J119;that tho pages of the said Pny Roll arc nu•ober···d frau ne(r)t ~ ten (IO)inclu•ive, and contain the names of t-"" hundred 

seventy hlo(272) persono nu'llbered fr.om ry ne (I)to tvo hundred seventy tr.o(272)inclusivo 

o.nd the a~ TeGO-te a'll ··unt "f se.id pnyroenta nere 1 one hundred five thousand no hwulreda 

and. t11enty five o.nd.07/IOO d ' llars9I05,025.07. PaY'nents to nn~b ro-9-40-5I-52-5~-58-60-6I-62-63-64-65-94-Il4-l2I-I39-I4I-I47-165-

I76-I77-196- 206-209-213-2!<>-249-253-259-272, 0\'11ounting to three thousand Civo hundred 

niae a.nd45/IOC dollars, ($13,509.45) not having be~n made. December 15,1896 • 

• l.D.Shalby. IndiM Agent. 
329 

COP!f:D FR:l4 Til£ RECl'llDS OF l'IIE BUR::AU OF I!IDIAJI AI"FAIIlS, 

1895 CEIISUS AliD PA)llOLL lluttGERS OF TILE P1TAl1ATali IIIDIAIIS OF INDL\IIA Al!D J.IICUICAJI, 

II• SD1-J0-',7A\?, nnd n ifc dt!nd . 

(}2--I J< ~n 1-lix D.{;O 80 

2 Elizabeth I.IJ..x a ce 50 Dau, of III ~ Julin B nrraisa nr;e 48 Dau Clf :i'2. 4 Lnurllnce mx . Bl!" 39 s ··n ·,f /!2 , 

5 RC !.lix a.:;e 12 •·' 11 of 4 • 6 LP l.lix at;e 9 son of 4, 

2nd uifc of 1/2. b~r j.st l1if~. 

by Xc t -,,ifo, 

7 llilliam !.tix at;e 33 s-n d f/2, by let uifo. 

8 A(ll>es Mix ar;e 25 dau,of #23. 

9 J 0hn t.!ix jr. ace 25 son of i'2, . lO J..cm.-:l ili:r.i a..:; 1 .lj d •. ·•.:t. o~ 9, .' .. ( Bessie Bird n&c IO dnn.. of 9, 

12 All(lelino Cu3hr.e.y nt;e 45 d<.u of~'?. , 

13 Cl!ira,A .Cushr.ny age 19 de.u,of 12. 

14 C!H~rlh ,II.Cushuny •·t'" 16 son of 12, 

15 .Jp.mcs .E .Cucimoy r-.~o 12 s :-n ·of 12. · 

1( An:>ie.C,Cuchney er-e 1 dnu. ~f 12. 

by let \fife . 

.· !>l -.d a~~ • 

ad -rted twne. 

by Ist tlife. 

17 !.larthn,A,Cuchuay Rider a~;-e 2~ dau,of 12. 

IS Emory .J .Rider e.r,-e 4 son of 17, 

19 J · hn ,.A,Rider age 2 son of 17. 

20 l! oro..J . Cuch,:ey Bushntt n[}' 23 dP.u, ~f 12, 

21 .l c~cph Bushntr r.gc 2 son of 20. 

22 r.:nry.F,Cus!n;ny r.usm age 21 dau, of.J2, 

#3 IIA\'1-GE-ZHB-YA\1 and uife dond, 

2~ l.la.ry JC'I!;C~h ine Kin._~ D.(~ 49 da.u. ("'f i}'5 ttidow no children. 

24 Aru•~ \l inchcster ac,c 40 dnu , of 94 ,,.idol1 of Jchn 1/inchcoter. 

25 ThomM Winchester age 21 son of 24, 

14-26 J olm Quicnno ar;e 64 trife dead. 

27">o:ninick Quicano ar;e 15 e on t1f 26. 28 Jsnnc Quie,ano age 40 s on of if4, 

29 l.lichncl Quic.nno "f" 20 s on ~f 26, 

30 Julia QtLi(Pt\0 "B" 17 dau.of 28. 

}I Frnncio Quicano rl(,'E 9 B(•n of 28, 

32 Snrnh Qui(:?!no age 7 dau. <>f 28. 

33 John Qui!;>lJ>o &f" 33 s··,n of f/4. 

34 An(;cline Quit:nno age 26 dnu. of #14, 

35 l':liznbe th Quie,ano ao,e II dau. of }3~ 

36 !.inry QuiO?-n > •. ap,e 9 dau, c,f 33 . 

~7 Louicn Qui91Jlo ., 1\{;C 4 deu, of 33· 

38 Peter Qui{:ttJlO V age 2 s on of 33· 39 llonry Quit?'tlO v age lOmo . son of 33 . 40 llillia.-. !lattice Bt:e 40 411'orresa Battiee age 21 do.u. .-.f ;;'4 · sec •nd nife of 40 • 

42 1-'Ary Battiec age 6 do.u. ~f 40. by 2nd tlife, 

43 Daueie Battiee a(;C 4 s on ···f 40. by 2nd liife , 

44 Alice Bnttiee "G" 2 dnu. of 40. by 2nd nife , 

45 IInney Bal tice. DllC I do.u. of 40. by 2nd "He, 

46 Fronk Bnttiec ac;c 15 son of 40. by Ist. Ylife, 

47 Joseph Battice nee 13 •'n of 40 by Int. nife, 

40 lieory Batticc nee II a ··,n of 40. by Jet. wifG. 
#5 JIAtfll SEICI! 

4 9 Frnnl: ~linchcccya 17opsce &i;" 5! 

50 Uo.ry Ann Sanda Of." 2 I 

51 EB ter San~s •t.• S 

52 Suonn Ktm-Caibe nee 2I 

53 John lla\1- Caibe a,;e IO 

#6 c•-SKE-I!AII,.\1AY 

5~ l.inry SY.im:ny 8{:<' }0 

55 Louis SldmiSy at;e 7 

56 ~nt;eline Skimmy age 12 

57 Alexander SJdngay 8f!J' so 

fh YJ.\7-Y.A\':-U\1-SILS 

58 Edr~ard,B.C nlcs O.f;C 48 

59 Eli•nbeth Helen C·J"lcs at;• 50 

6o Cnlvin,C.Co<rlea DG" •i3 

-61 Zula c ·r.lee ae;ell 

62 Lela Co11les ~· 9 

63 Penrl Lorain Cowles nc,• 7 

64 Aaron,H,Coolea age 32 

65 Harriet Cowles at;e 38 

#8-66 Ge·•rge Rapp ace 83 

67 Cecilia Rapp aa> I7 

60 Andrew Re.pp Of;C 31 

69 Anthcny Happ l\{;" 33 

70 Jo••ph Ro.pp l\f,O 13 

71 \iillie.m Rapp 0.[.1! 9 

72 Do.vid Rn p 8 ( ,"0 39 

7} lbry Ra~p "!:<' 30 

74 J.tno;ie Rnpp al,;e 16 

7S Lir.z; c Rnpp o.g-e 14 

76 L·' Yill Rapp af,1! 12 

77 Cec ilia !lapp ;;~ 10 

78 Vicbria !lapp 6[."1! 8 

79 John Repp 1\@' 6 

80 Jennie Rnpp age 4 

#9-01 \1ezo lh tey a,e 70 

82 J oseph J.lotr.y Qg<! 51 

83 F.lir.abcth lbtay ac.,"C 50 

84 Louis M:· tay l\,:,'"1! 12 

85 ht,Oles J.totny aE,'O IO 

86 Arulic !.totny "IS" 8 

87 David Motny nc? s 

80 Dazil l.lot!\y "€" 2S 

69 Charles Uotny B(:'EI 21 

90 Sophie l.htny Blnek;nnn e.if.e 29 

91 Louis Blncl:man n:..;c 5 

92 Fetcr Blaclwan age 5mo. 

#I0-93 t:Ai1-CLCDI ace 75 

94 J ohn 1'/a!;in "C." 36 

95 BanjniT1.i o.n ',lfl("in ncn 12 

96 Frances W~n at;e 10 

330 

dend. 

a~n ·,f li5. d1m. of 49. dau. d SO. Crd. dnu • .,r t'5. 

Crd. son or fl5. 

dcnd, 

d.e.u. (\f f/6. s ·tn of 54. 

Grddau. r.• f ij'6. 

son of #6. 

dead. 

son of {/7. dau •. of rf7. son of 1//. 

son of f/7. dau. of #'/. 

oon of ft/. dau. of ;'/0. 

s on 0~ t/7. a n of #7. eon of ;;"/. 

e on of {/7. S Qil of ;76. 

do.tt. .,f 022. dr..u. or 66. 

duu. of 66. dau. of 66 . dau. of 66. 

do.u. ,.f 66. 

oon .,r 66 . 

dau or 66. 

son of 19· 

son of 02. 

son of 82. dau.~"~(' !\2. 

son.C'! 82. 

son ot 82. aon ('f 82. non or 82. 

eon or 90· a .. ~. n of 90· 

wife dead. 

eon ~· t 9~· 

ROn of 91. son or 94. 
331 

(III- J(ECi!B s~ T()Irt: and nifc dead, 

97 l&nl".e Sct··no 0.(,"8 }5 B-:>n f)f fii. 

96 An;:;.,linc 3ctQne no> 27 dnu.of ~·a. 

99 Laurence Sct<>nc a e;e 6 c ·.n of 97 . 

100 Louis Sot:-nc "ll" } s on of 97; 

#12-101 J:Ecm:-HA Y-0~- """" chcn:-••1 t" Chonigt\r Ale>:io n{."e 70. 

102 Dnvi<\ Alc>:is "6" 40 soo of 112, 

10} Arthur Ale>: ir. n.;e l} sOn of 102, 

104 S.·ua"el Alexis "0." II s~n of 102. 

105 Robert Ale:<iR "~" 7 eon of 102. 1o6 llary Elizabeth Aloxie "G• 2 dnu.I02. 

107 fR trick Alexis n(,"' }2 c on of #12 . 

106 Betsey Rnpp Ale:do a~;e 30 dnu of #6. 

109 Charles Alco:is nr,c 18 e<n of 167. 

IIO llenry Ale:ds a r;e 10 eon of 107 . 

III Leo Alexis age 6 son of 107. 

II2 St .• Patricl: Alo"is a{;'E! Imo. s on of 107, 

II3 Miehncl Alexis age 45 son off/12, 

II4 Elizabeth Alexin 11£0 17 d:!.u, cf II5. II~ Loui cr. Alc:<is age 3 dnu of II3. II6 ll •ra Ale~.is nt;e I dnu, of II}, 

II7 ~lary Lenis age 28 dnu, of #12, 

II8 Ida Lenis a 1:.e 10 dnu, of I17, 

II9 \lillirun Ledo.. a~;c 1 son of 117. 

120 Jcc<'b Lenis age 5 son of 117 , 

I< I ~lnrtha. Lo01is nge } dnu. of II7. 

122 Julin Lenis age I da.u, of II7. 

~GE-L!A\' ie doad. 

#14- JQS',TR I.IA.l!SO dead. 

123 llnncy Snu[?a& eGO 40 dn.u of #14. 

124 reter l.la.:so "<"" 36 son ~r 11'14, 

125 Tr~nsn J.!El•-'so nge I dnu of 124. 

126 J.lary Elizabeth Gibs n Rr,e 36 dnu,of ,14, 

127 J.lnrthn Gibson ac;> 7 dnu. of I26, 

128 Jn.,os Gibson nf,C 5 son of 126, 

129 Isaac Gibs on nil" 2 son of 126. 

130 Alexis 1-lrnso nge ~2 son . of i/14. 1}1 ).lartha llalfSO ao> I} dnu, of I30, 

132 Daniel Mnaso age 21 Grd.son of ,•14, Joe ~IauRo jr.s child, J~ llavao jr,cl.ead, 

13~ Lbry Lll>uso n{;C I6 Grd.dau of #14. Joo Mnso Jr.s child. 

134 Lout sa llAwso &/lll 14 Grd. dau,of !'14 .J:• llauso jr,s child, 

135 Edn:~rd.!.l.llnuso RGC 3 Grrl son of #14.Joe lda1tso jr,e ohild, 

136 Louica t.lnr:oo ag<> 25 dau, of #14. 

137 r.tnry \lalker age 23 dau, of #I4. 

138 l.lartho. llalker "G9 6 dau, of H7. 

139 An.:,"Cline 11all:er ll{ll! 4 dnu. of 137, 

140 Jc•hn flall:er at;e 2 st·n of 137, 141 Alios J,la11so ...,..., 21 dnu of ii4, 

#15 AKEII dead. 

142 J,lnry Green A ken "t" 6o. 1H Paul Green Aken a e,.., 17. snn of 142. 

144 Alexander Pol:ngon %"' 40 son of d'l5. 

H5 Jo oerh Jb>I:O{t>n nee 12 • "n of I44. 

146 William Pol:acon 116" 7 son of 144. 

l~1 'Whl" l'lrn rok.....,. I1C" :r """ ..r lol4• 
332 

#16-118 Y.m-'1'\JCK-liOCK lOG" 75 

149 Elhnbeth \lillilli'Ds o,-e 55. nife of #I6. 

150 Jlichnel 'i7illinms 80' 15 son of #16 . 

151 Peter llillinms age 29 s on of t/16 . 152 Fr:ml' r.'illinms r..:.;c 25 oon of qr6. 15~ J·>hn r:illillllls 0.[}3 2~ son 'f ;/16. 

154 Angeline llilliams IJ{}J 21 dau. of iii6. 

#17 Hro,J,EV1E PAilS'IIS . dead, 

155 J oscph Pari.· •ns D.G' 41. son of f:'I1. 156 Frr nk P['l.rSt·ns "'L"' II so:-n f.'! 155· 15'/ lfora Pars Jns 1!{,'0 9 dau of 1'5. 

158 Lcuis ParsonD lib~ 39 eon C'f f!I7. 159 Charles Pl\rsor!D P.f!l 31 DOll cf en. 160 Peter Pnrsons -25 son of Ul1. 

(/18 A\1-QUF.-JAE..JIAW dead. 

161 Agnes Kn'!.J>p &{."' 45 dau, of (/18, 

162 '. '.J.<'oeph O' Kief -25 sOn of 161. 

163 : Paul Y.noapp -8 son of 161. 

#19 llilli= AGUBtu...& uife th dead. 

164 Joseph A{;ustus 11.6"~ son of t'I9. 1f5 Isrmc Aguotus B(p 32 oon of ~~19. 

166 LaRrence J!oose 

-~ son of Ura. Agustus 

#20 Leopold Pol<af;on dead. 

167 Simon Pokacon age 65 eon of i/20. 

168 Victorip. Pol:£1.g n age 50 dau, of f4 . 

169 1'/ilHwn ?ok~n ac;e 28 aon of #20. 

l70 Lizette Pokagon -25 dan, cf #14. 

171 Jul:i.a Po1·ac:on ......... n dau. of !69. Ii2 '·1ary pokngon e.c:e II dau of 169. 

17~ Cecelia Pokecon ory 2 dnu, of 169. 

174 Jeuitt Pokncon - 3 .. mo. son of 169. 

175 Charles Pokecon - 26 · son of 167. 

176 Josephine PoJ<aeon nt;e 14 dan of 175. 

177 Eli znbe th Pokac;on "6" 8 dau. of 175. 

178 Lucy Pokagon &{;e 6 dnu, of 175. 

#21 0-SA\1-GE-QUAY dead, 

/122 

179 !.lnry Bush 14'l"· 41 dau. of #21. 

180 Frank Bush &f." 18 son of 179. 

181 Foster Dush 8{;0 14 eon of 179• 182 Joshua Bush ac;o 6 son of 17 9. 

16~ Silas Bush a,;-e 2 s on of 179. 

184 l.lary '11lanpson 86" 61 dnu,oi #21, 

dead. 

165 Mary Tatr-Cntr-Jien-Gny Db" 65 wife. 

186 Paul Ta11- Ca,..-Nnu-Gay ace 45 son of i/22. 

187 John Tau- Caw-'lau-Gay "<:."" 16 son of 166. 

188 llorn Tau- Caw-llaw-C:>.:; "<<" II dau,of 186. 

189 lbrtha 'l'ntr-cau-Jhm-Cny !!{;" 9 dnu.of 166. 

!90 James Tnv-cau-Jiaw-Gay C'..(;f! 7 son of !86. 

191 Minnie 'l'ntr-Catt-llnu-Goy e 5 son of 186. 

192 Daniel Tav-cav-Jinu-Ga;y age ~ eon of 186, 

1st husband. 
333 

SE11101lE dead. 

#24 Jfl!,ffi5 POICAGOJI do!\d. 

193 l'r:lnlt Jla·nil ton aGo 19 Grd. • "n of i/24. 

#25 J.l/lt!-N'EPo-GII!':-S/,JICE dend 

194 Se.rnh , . .Jti tc nee 30 Grd. dro.u. of fr'25 .• 

195 Goldie llo ··n 'ilhitc au' I dan. ~f 194. 

I96 Loui sn Shermon C.G"'C 26 Grd • dttu. offi'25. 

197 Jenmto J.tanish nee 21 Grd. son of ;'/25. 

G'2G-I9G J.rari 1 •n lbwgee ~ 56 or Urs, Joe Bevins. 

199 };lbabeth Gezick age 33 dnu. of #26. 

200 Anaelino Gezick "GC 18 dr.u. of 199. 

201 Cecelia Gezick age 4 dP"·• of 200. 

202 Ae;nos Gezick a(;'E! 2 df.u. of 200. 

203 J\llia Gezick age 10 de.u, of 199. 

204 i:ucy Gezicl; e.gc 7 dau. of 199. 

205 Sullivan Gezick a~;<> 5 son of 199. 

2o6 Tinr Gezicl; ag<' 3 n of 199. 

207 Anaso Gczicl; fll;'E! I son of 199. 

20!3 Joseph Riffle a(,'C 10 son of ti26. 

209 Georae Riffle age 8 son <>f i/26. 

#27-210 J OSBPTI TCQUDr 0£e 70 uife dead. 

2!! Dominick Toquin age 25 s0n of 1/27. 

#28 I.!ICK-SF:-MOGY. dead. 

212 Mary Jano r.!ici<-So-J.!ock a ge 22 dau, of #28, 

213 Louis Sherborn nee 21 Grd. lion of #28. 

#29 KE-110-IlATI-lill--QUAY dead. 

#30 

214 Stephen Foppyar age 39 Grd. o<>n of {,"29. 

215 Joe,ll.Cushnay agn 45 adopted son of li29· dreu in 18G6. 

216 Ale :ds L~\7is nge 37 e.dcpted son of #29 • drew in 1866, 

217 Joseph Le11is age 6 son of 216. 

218 Ella Ler.is age 3mo. dau cf 216. 

I!AII-CHU-11E-TATI 

11E-SQUA\1-BAII-IIO-QUAY 

AISH-IIE-BE 

and wife dead. 

and wife dead. 

and uife dead, 

#33 I!AY-~IE-!P.IE Rnd wife dead. 

219 J ohn A~;usta fil!!' 48 non of #47. 

220 llatlclino A~;Uste. ng> 38 dn.u. of 1/33. 22! l'Ji) liam Ar;uata B(;.'C 19 son of 220. 

222 Mary J.p.ota n.a> 16 dnu.of 220. 22} Lucy Silnr. Agusta nr,c 18 dn.u,cf 220. 

224 Sarah Agusta "6" 8 dau. of 220, 

#}4 PE-QUAY -CO-SAY 

225 Josephina Pen-To-Pe dnu of #34, 

dead, 

J<AI'I-~-G0-1110 tlfP 62 Frank Tlilliamo, 

Angelir.tc l'q>ash n;_,e 52 da~.of 1/~7. 
334 

KEY-rosn or Joseph t.totay af\11\a person ace decendance /}9. 

/1~7 ANTONE RAIL dead. 

228 Elizabeth Rail a<;e 45 dnu. of i/37. 

~~~ 

1139 

KF.-l1E-S~UAY 

P1Y-:-CO-Skl1 

dead. 

dead. 

/140- 229 LOUIS WEZO !11:9 51 

#41 IIA1V-<J-KEE e.nd l'ife dead. 

1142 SO-ZF:TTE dead. 

2~ Nancy Battice ne;e ~0 nd<•pted by #42. 

#4 3 KP.-CIIE-TIEZO dead. 

2 31 l'mncee \'lezo aG" 2 3 232 James flezo age 21 son of #43 (called big wezo). 

son of/143. 

#44 KEZ-llick dend. 

233 Mary Solomon nee 64 """ wife of 844. 

. /145 . SIN-GO-QUAY dead. 

#46 llarv Bre ~il de11d, 

234 lleyco .Bmzil age 45 son of #46. 235 Alice Brazil ag<! 44 Grd. dau. ~f (/21. 

236 June Bmzil o.ge 20 do.u. of 2}4. 

237 Charles llrilzil arre 18 eon of 234. 

230 Lenis Brnzil a;:e 16 sen of 2}4. 

239 Elizabeth llradl nt;e 13 do.u, cf 234. 

24C Saroh Brn?.il age II dau. ~f 234. 

241 llary Brazil age 8 dau, of 234. 

147-242 PE-1'1Afi-QUS-IIIJJ4 age 80 (A4!usta) 

#48 JC1111 BAZIL . dead, 

243 Elho.beth r.atson ar,<e 49 1st.husbnnd Brazil 2nd,husband Watson. 

244 ll<nry Bmzil 11{:8 23 eon of 243. 245 !laney Jane llatson age 10 dnu. of 2}4. · 

246 Sarah Ann 17o.teon llG" 8 dnu. of 2}4. 

247 .A8nes Brazil age 26 dnu, of #4Bo 

248 Jlargare t Brazil age 3 do.u. of 247, 

149 Lanronce Pokagon dead, 

249 Eward ·rol"'']:on age 25 oon of #49. 

150 FIIAJICIS POKAG('I! dead. · 

ISJ 

250 Betsy Poka,?;on nt;e 70 vi dow. 

251 llary Elh.abeth Burrell age 50 dau, of f50, 252 Joseph Blackman age 32 eon of 251. 

25 3 Martha D!Kon «r,e 29 dau. of 24 9. 

254 Elhabeth Jane Dixon nee II dau. of 253. 

255 C>rn Dixon age 9 do.u. of 253· 

1!56 Lucy Dixon age 7 dau. <>f 253· 

257 Jano dixon '"6" 5 dau, <>f 253. 

J)(NJifiCX . dea4. 
335 

152 UOOSE d•nd, 

#5} J.lrn, A!TTCIIE A uno dead, 

250 l'btcr Aune nr,e 27 s~n <'f :1'5}. 

259 J~h Ause a1;" 25 son of /i5}, 

John Cushue.y dcnd, 

'!SS U/,llm:E PAS!I dead. 

#56 

i/?'1 

260 Thomas Topaah a0;c }6 oon of 1155, 

261 Lll!.cy Topash ace 37 wid on, 

262 Lou.l A 'l'<>pnsh fJG' 8 son of 26 I, 

263 Levi Topash 8(}' 6 sr.n of 26I. 

264 Cecelia Topash 8{~ 3 dau,of 26I. 

265 Joseph 'l'opash ace ~ son of 26I, 

266 Cecelia Samh Topasb ac> 28 

267 A(7lcs Topash n(;" I dnu, of 266, 

266 .Daniel TopB£h age 27 son of (/55, 

269 nberesa Topash sse 25 dau.of #55. 

Louis Agustus dead. 

Peter Battice doad, 

#58-270 John Battice age 60 or ,John Blaclannn or short Tioe. 

1159 

#60 

if, I 

#62 

/)63 

'"64 

~65 

SAW-GO-J.IAW-O.UAY 

MAISH QU05 

t.lrs, lt\11-GO-KO-I'IE-l!Afl 

JACT:SOII 

OOB-t.IA\7-QUAY 

JOSr.Pli-KA\7-KU WAll-SO 

dcnd. 

dead, 

dend, 

dead, 

dead. 

dead, 

#66 ELIZABE'I'lT-Sm-GO-';IJ,W eee wife "f 12, 27 I Anc,e tine Pokc.g~n a,_<;e 28 

272 Elizabeth Aiken at;e I7 

9}f oupplemented Jc•hn llagin sr, 

dau. ~f 271, 

&e.'B 78 Enrolled by authority nf Sec, of inerior 8-' 

Department of the Interi'r Office ~f Indian affaire (11ashincton June 23,1899. Certified True Copy and correct duplicate of the pnyroll fil~d in tho office 

oc rl.A-. . JCnea. 

Cww4isaioner. 
336 

AN ABBREVIATED CHRONOLOGY OF EVENTS IN THE HISTORY 

OF THE POKAGON BAND OF POTAWATOMI INDIANS 

DOCUMENTS REFERRED TO IN THE TEXT ARE ATTACHED AND NUMBERED 

ACCORDING TO THE PARAGRAPH NUMBER OF THE REFERENCE 

1. 9/26-9/27 1833. Treaty of Chicago. In a supplementary article to the treaty 

the Pokagon Band was the only band in the entire Potawatomi Nation to 

negotiate a right to remain in Michigan. 7 Stat. 431; Kappler, Indian Treaties 

1778-1883, 402-415. A copy of the supplementary article is attached. 

2. 8/24/1842. Brig. General Hugh Brady, who had been ordered to evacuate all 

Indians from southwestern Michigan, recognized the treaty right of the Pokagon 

Band members to remain in Michigan. Attached is a copy of a letter General 

Brady wrote to the Commissioner of Indian Affairs explaining his actions. Note 

that it was at this time that the Pokagon Band bought land in Silver Creek 

Township, Michigan for a tribal homeland. Because the copy is of poor quality a 

letter from Dr. Clifton summarizing the contents of the Brady letter is also 

attached. 

3. 1843-1866. Annuities owed to Pokagon Band members under various treaties 

were paid to them in southwestern Michigan. Copies of the annuity rolls (totalling 

103 pages) were attached to the first document submission supporting the 

Pokagon Band petition for Federal acknowledgement. Copies will be provided 

upon request. 

4. 7/28/1866. Congress passed a joint resolution directing the Secretary of the 

Interior to pay the Pottawatomie Indians of Michigan $39,000 as full payment for 

any claim past, present or future arising out of any treaty with them, 14 Stat. 370 

(1866). The Pokagon Band was not consulted and was not given advance notice 

that Congress would unilaterally terminate the perpetual annuities granted by 

treaty. 

5. 1861-1890. The Pokagon Band business committee petitioned Congress to 

honor treaty obligations made by the United States. Congressional reports from 

the 36th, 37th, 38th, 41st, 42d, 43d, 44th, 45th, 47th, 49th, and 51st Congress 

document the persistence of the business committee. Copies of the reports were 

filed with the Pokagon Band's petition for Federal acknowledgment first 

document submission. The reports total 131 pages. Copies will be provided upon 

request. 

6. 3/19/1890. As a result of the petitions by the Pokagon Band Business 

Committee Congress authorized the Pottawatomie Indians of Michigan and 

Indiana to make a claim against the United States in the Court of Claims to try 
337 

all questions of differences arising out of treaty stipulations, notwithstan~g the 

1866 joint resolution. 26 Stat. 24 1890. See attached. · 

7. 6/27/1892. The Court of Claims finds for the plaintiff Potawatomi Indians and 

against the United States in the amount of $104,626 for annuity payments owed 

under various treaties dating from 1795 to 1833. The plaintiff Potawatomi Indians 

who comprised the plaintiff class were those who came under the supplementary 

provisions of the Treaty of Chicago 1833 (see #1 above). The opinion is attached. 

8. 4/19/1893. The United States Supreme Court affirms the judgement of the 

Court of Claims. Pam To Pee v United States, 148 US 691, 13 S Ct 742 (1893). A 

copy of the opinion is attached. 

9. 8/5/1895. Census of the Potawatomi Indians of Indiana and Michigan 

by the United States Department of the Interior, John W. Cadman. The purpose 

of the census was to determine the names of those entitled to payment under the 

judgment of the Court of Claims. 

10. 3/14/1896. Another census by the Department of Interior, Marcus D. Shelby, 

was made to confirm that all those who could trace ancestry to any of the 1843-

1866 annuity rolls were listed on the census. Only two names were added to the 

census completed by Cadman. The Pokagon Band of Potawatomi Indians 

currently uses the Cadman/Shelby rolls to determine eligibility for membership in 

the Band. The Band's proposed constitution, to be adopted after federal 

recognition, also uses these same rolls to determine eligibility for membership. 

11. 1/8/1917. The United States Supreme Court affirms the dismissal of 

Pokagon Band's suit against the City of Chicago for land reclaimed from Lake 

Michigan by the City. The plaintiffs claimed the reclaimed land was a part of 

Lake Michigan at the time of the treaty and therefore was never ceded by treaty. 

John Williams, Chief et aL v Chicago et aL; 242 US 435, 61 LEd 414 (1917). A 

copy is attached. 

12. 12/4/34. John Collier, Commissioner of Indian Affairs, United States 

Department of the Interior, writes to Michael Williams, Secretary of the Pokagon 

Band business committee, acknowledging receipt of their request for the benefits 

of the 1934 Indian Reorganization Act (IRA). Among its provisions is 

authorization for the Secretary of Interior to buy land for landless Indians and 

thereby allow them to organize a government under other provisions of the IRA 

A copy of the letter is attached. 

13. 1935. The members of the Pokagon Band respond to the request for information 

made by John Collier in his letter of 12/4/1934. In this letter they point out that 

almost the entire band is composed of people "either half, or more, to full 

2 
338 

bloods". They also identify themselves as the ancestors of those that were to 

benefit by the supplementary article to the Treaty of Chicago 1833. A copy of the 

letter is attached. 

14. 10/11/39. Walter V. Woehlke in a memorandum to the Commissioner 

of Indian Affairs states that "unless we have the funds and personnel to do a real 

job in Lower Michigan, we should stay out of that territory. We all know that 

neither the personnel nor funds are available ... ". A copy of the letter is attached. 

15. 12/1/39. Peru Farver, Superintendent of the Tomah Indian Agency, 

wrote to the Commissioner of Indian Affairs stating "I fully agree that no further 

extension of organization under the Indian Reorganization Act should be made in 

lower Michigan and that no action tending to designate these people as a separate 

group should be taken." But Mr. Farver goes on to recognize that his 

recommendation creates inequities 'This issue will be kept alive for many years in 

view of the fact that most of the groups in the upper peninsula have been 

recognized .... the Ottawas and Potawatomies are the only tribes in Michigan which 

have been denied assistance under the Indian Reorganization Act." A copy of the 

letter is attached. 

16. 5/29/40. John Collier, Commissioner on Indian Affairs rules that 

"there be no further extension of Organization under the Indian Reorganization 

Act in Lower Michigan". A copy of the letter is attached. 

17. 7/31/51-8/10/51. Two letters from J.C. Cavill, Superintendent, Great Lakes 

Consolidated Agency, United States Department of the Interior, to Michael B. 

Williams, Chairman, Pokagon Band of Potawatomi of Indiana and Michigan. At 

this time the Pokagon Band began to work toward filing a claim against the 

United States under the 1946 Indian Claims Commission Act. The letters gave 

guidance to the Band on selecting an attorney to prosecute the claim. Each of the 

letters recognizes the governmental existence of the Pokagon Band. The 7/31/51 

letter asks; "We are wondering if the Pokagon group has selected an attorney or 

attorneys to prosecute the tribal claims" (emphasis supplied). The 8/10/51 letter 

states; " ... probably the attorney or attorneys in the best position to represent the 

Pokagon Band would be those who have represented your Band in the successful 

prosecution of tribal claims in the past. .. " (emphasis supplied). Both letters are 

attached. 

18. 9/14/51. A letter from J.C. Cavill, Superintendent of the Great Lakes 

Agency, U.S. Dept. of the Interior, to 'The Tribal Council of Pokagon Band of 

Potawatorni". This letter announces the retirement of the Superintendent. It is 

significant because it shows that a representative of the United States who claims 

"thirty-seven years of my life has centered around Indian people" recognizes the 

3 
339 

existence of the Pokagon Band and its government. A copy of the letter is 

attached. · 

19. 2/6/52. The Pokagon Band incorporates a Michigan non-profit named 

Potawatomi Indians of Indiana and Michigan, Inc. 

20. 10/7/69. The name of Band's non-profit corporation, Potawatomi Indians of 

Indiana and Michigan, Inc., is changed to Potawatomi Indian Nation, Inc. 

21. 12/26/73. The Indian Claims Commission finds that the Potawatomies of 

Michigan and Indiana, Inc. (sic) along with the Hannahville Indian Community, 

Forest County Potawatomi Community, the Citizens Band of Potawatomi Indians 

of Oklahoma and the Prairie Band of the Potawatomi Tribe of Indians are 

identifiable groups of American Indians having the right and capacity under 

Section 2 of the Indian Claims Commission Act to bring and maintain claims on 

behalf of the Potawatomi Indian Tribe or Nation. 32 Ind Cl Comm 400, 414. 

Copies of the relevant pages are attached. 

22. 7/14/78. The Indian Claims Commission made a final award of $1,809,552.57 

to the plaintiffs and intervenors, including the Potawatomi Indians of Indiana and 

Michigan, Inc. 42 Ind Cl Comm 205. 

23. 11/23/81. The Pokagon Band filed a petition for federal acknowledgment with 

the Secretary of Interior. A copy of the notice of receipt as published in the 

Federal Register is attached. 

24. 11/2/88. The Pokagon Band files the documentation to support its petition 

for Federal acknowledgment. The documentation consists of four letter size 

volumes containing the 54 page petition statement and over 1,000 pages of 

supporting documentation. 

25. 11/10/88. The Chief, Division of Tribal Government Services, Bureau of 

Indian Affairs, acknowledges receipt of the documented petition for federal 

acknowledgment. A copy of the letter is attached. 

26. 2/22/90. Hazel E. Elbert, on behalf of the Bureau of Indian Affairs, Branch 

of Acknowledgment and Research (BAR) writes to Daniel Rapp, Chairperson of 

the Pokagon Band, to list obvious deficiencies it bas found in the petition 

documentation. The letter encourages the Band to respond. One of the 

deficiencies noted related to genealogical information. The Jetter stated that 

ancestry charts and enrollment applications would be helpful, but that "you do not 

have to submit copies of any documentation" that the Pokagons require applicants 

to submit. The letter further stated that after a review of that information the 

4 
340 

BAR would ask for "detailed genealogical information of~ families" 

(emphasis in original) A copy of the letter is attached. 

27. 5/3/90. Lynn Forcia, Acting Chief, Division of Tribal Government Services, 

responds to concerns that Pokagon Band had about privacy issues related to 

genealogical information. She states that such information is protected from 

release under the Freedom of Information Act because it is personal data. A copy 

of the letter is attached. 

28. 6/ 13/91. The Pokagon Band files it response to the letter of obvious 

deficiency by sending the BAR seven letter size volumes of documents containing 

over 1,000 pages. 

29. 6/19/91. The BAR acknowledges receipt of the documentation. It states the 

BAR is "committed to placing the Pokagon petition on active consideration this 

calendar year. We will place the Pokagon Band of Potawatorni Indians' petition 

for Federal acknowledgment on active consideration on November 18, 1991". The 

letter also stated that "We currently have a contract in place with First Computer 

Concepts, Inc .... They are now beginning preliminary work on the Pokagon 

petition ... ". A copy of the letter is attached. 

30. 8/20/91. Ronal Eden, Director, Office of Indian Services, Bureau of Indian 

Affairs, sent a letter to Daniel Rapp claiming that it did not have complete 

genealogical information about the Pokagon Band members and work on the 

petition must cease. The letter asked the Band to tell Tribal Government Services 

what action it planned to take within 30 days. The documentation filed in 1988 

gave the BAR the name and address of every member, sex, birth date, birth place, 

relationship to person on base roll, base roll number, and name on base roll. It 

seems the only additional information that was requested was ancestry charts. A 

copy of the letter is attached. 

31. 9/5/91. The Pokagon Band not only responded by informing Mr. Eden of 

action it planned to take, it also fully complied with all requests for additional 

information by sending the requested genealogical information. With this letter 

the Band included the enrollment applications and ancestry charts for all of their 

1,400 plus members. It appears to the Band that Tribal Government Services was 

not interested in obtaining this information because it never bothered to open the box 

containing the information until it was opened in the presence of, and at the 

insistence of, Tribal Council member Tom Topash on July 9, 1992. See number 35 

below. A copy of the letter is attached. 

32. 11/19/91. The Pokagon Band wanted to know what qualified First Computer 

Concepts (FCC) to conduct a review of a petition for Federal acknowledgment. It 

asked James Keedy of Michigan Indian Legal Services to investigate qualifications 

5 
341 

of FCC. In the course of that investigation (8/21/91) he was told by Jo~ Fritz, 

Vice President of FCC, that FCC did not have a contract to review the Pokagon 

petition as stated in the 6/19/91letter from the BAR. Mr. Fritz also stated that 

FCC had not done any work yet on the Pokagon petition, thus contradicting the 

statement made in the 8/20/91 Eden letter. On October 29, 1991 Mr. Keedy 

spoke to Cindy Rogers, Director of Research at FCC, and was told that 

approximately August 28, 1991 the BAR told FCC that the Pokagon petition was 

taken off active consideration. Note that in the 8/20/91 letter the BAR gave the 

Pokagon Band 30 days to respond to its concerns. 

33. 12/4/91. The BAR acknowledges the receipt of the Pokagon Band's response 

to the BAR's review for obvious deficiencies on September 18, 1991. This letter 

apparently refers to the 9/5/91 submission of additional material. The letter also 

states that it cannot give a date when the petition will be put on active : 

consideration but, notes that FCC is currently putting together a team to work on 

the petition. A copy of the letter is attached. 

34. 2/11/92. Rep. Fred Upton writes to the Band to say that the BAR is in the 

process of contracting with a private consulting team to review the Pokagon 

petition. As soon as the contract is finalized, anticipated to take one mopth, the 

petition will be put on active review. No mention is made of FCC whic!j was 

supposedly putting together a team to review the petition in December iof 1991. 

To date the Pokagon Band petition has not been put on active consideiation. A 

copy of the letter is attached. 

35. 7/9/92. Tom Topash, at the time a Pokagon Band Tribal Council! member, 

visits the BAR office in Washington, D.C. During a discussion with B~ officials 

about the status of Pokagon Band petition's he is shown the box contalljring the 

response to Mr. Eden's 8/20/91letter. The box bad not been opened. ~t Mr. 

Topash's insistence the box is opened by Holly Record, Acting Chief, Branch of 

Acknowledgment and Research. 

36. 8/92. An official from Rep. Fred Upton's staff telephones the BAR to 

inquire about the progress of work on the Pokagon Band petition. He is ;.told that 

the BAR will put the Pokagon Band petition on active consideration immediately 

if the Pokagon Band will waive the regulatory requirement that mandates 

completion of the review within 12 months. This information is relayed to Daniel 

Rapp, Chairman of the Pokagon Band Tribal Council. 

37. 8/92. Following the suggestion of Rep. Upton's staff Mr. Rapp telephones 

Elizabeth Colliflower at the BAR and asks about the offer. The offer as revealed 

to Mr. Rapp is similar to the one made to Rep. Upton's staff. 

6 
342 

38. 8/25/92. A committee of the Pokagon Band Tribal Council meets to consider 

the offer. During the discussion it is agreed that not enough is known about the 

offer. For example, will the Band's petition be put on active consideration 

effective immediately upon agreement to waive the 12 month review period? In 

that case would the Band be protected against a latter arriving petition with a 

lower priority number so that no other petition would be reviewed prior to the 

Pokagon Band's? Why wasn't the offer made in writing? Because of these and 

other unanswered questions the committee decided to write to the Bar and ask it 

to clarify the offer. 

39. 9/3/92. The Pokagon Band wrote to Holly Record, Chief of the Branch of 

Acknowledgment and Research, to ask for clarification of the offer. A copy of the 

letter is attached. 

40. 10/30/92. The Band receives a reply to its 9/3/92letter stating the offer had 

been withdrawn because the BAR had received a fully documented petition from 

another group. The letter also states that the offer had been made personally to 

Mr. William Church on August 12, 1992. Mr. Church is not a member of the 

Pokagon Band and does not have any official connection with the Band. Mr. 

Church has never been authorized to act on behalf of the Pokagon Band. He may 

have been acting on behalf of the Confederated Historic Tribes, Inc. of which the 

Pokagon Band is a member. A copy of the letter is attached. 

7 
343 

Exhibit 1. TREATY WJTR THF. CHU'PEWA, ETC. , 1833. 

~:~~1;~~~k~ -hf~i~ "m~k~' Kai·ktt.,·-tai-mon, hi!! z m•rk, &w I'R·Kf~lt , hifl JC lll&tk, 

Tctht't"+tflhe-e-chin-ke-hequay, hi• x mark, J~ph, hiM x mllrk, Shall--{'·nai, bitt x mark, 

ln presence of--

Wm. l..w Il. Ewing. fleeretary to the eom· mi~M"iou, 

R. .A . ForPyth, U. S. Army, John H . K inzie, Madn. F . .Abbott, 

Ah-bc-tn.k<-·Zhk, hi• x mark, ].;..H._,.,..IH'Oi u, hiP. x marl;, 

fi iU~h y·a·tuk,_llis x mark, :Mf'-&111-et'f:, In~ :x luMrk, 

\\'ah-bt-nu•·UW(', hiP x mark, Shitn·t:·nah, his x mark, We-in-co, hils mark. 

Saml. Humee J'orter, JO!'e}lh Bertrand, junr. An,tw. Porter, J. E. Sel1v•arz, adjutant-,.eneral M. M. Jamt=t" Conner, interpn!ter. 

On tiehnlf of the Chiefs and Head mM of the United Nation of 

Indians who signed the treaty to ><hich theseartideo areHupplementary we he-reby, in evidence ol our concurrenre therein, become parties 

thereto. 

And , as since the signing_ of the treah· a part of the band residing on the resen ·ations in the Territory of 'Michigan, ba,·e l'equested, on acbount of their religious cree.d1 pennission to remm·e to the no1"thern 

part. of the peninsula of Micbtgan, it it: aa-reed that in r.ase of such remo,·al the just proportion of all annuities payable to tbem under former treaties and th&t arising from the SR.Ie of the resert>ation on "'hith tbey no"· reside shall be paid to them at, L'arbre, Croche. 

Witness our hands, the said doy and yeBI'. 

Sa~ ·ka-nosh , hie x mark, 

~~ ~:t:.l~~:··h~;~ xtn':~k~' Shal~·nA~·. hie x mark, 

ln the presence ofW m. Ike D. Ewing, ~eeretary to the commi~ion, 

Jno. H. Kin:r.ie, 

Richd. J . Hamilton, Robert Stuart, 

0 -eheep-pli'Aiet, hie x mark, Mau,-e·H:tt, hit x mark, Shim-e-nah, hirs x mark, Ke me--nah -~·a , hiex mark. 

~~~: ~ou~~hP~rtt.S;, Anny, 

J. K Sch11tau, adjutanl-fltnera. M. M. Jamet Cooner, interpreter. 

Tbe &>mmissioners certify tbut. when these BllPplementar.v art.ides were ready for signature, the original paper of wh1ch the annexed is a cop~· was presented by Messrs. Peter and James J. Godfroy, and the due execution of it was made satidactorily appear to the C.ommissioo· ers, the •ubscribing witnesses R A Forsyth and Hobert A Kinzie being 

preaent.-Tbe Chiefs and Hesd men present reeognizinQ' this as a res- en·ation. it was agreed that it ehall be considered-in the same light u though the purport of the instrument had been inserted in the body of the treaty·-with tbe understanding that tbe rejection of it b.- the Pr¥sident and Senate of tbe United State• shall not affect the nlidity of the treaty. 

G. B. PoRTER, TH. J. V. OwEN, 

\\' ILLUM '\\7E.ATBERI'OitD. 

(Copy of the inotrument referred to in the above certificate.-) 

418 

Know all men by th-]>reaent.s tbat we the undersigned Cbiefaand .... ,,.., .... Young men of the Potawatamie tribe of Indians Jiving at Na-to-1\·a- oe-pe in the territory of Michigan, for and in oonoideration of the 

friend•hip and oundry oerviCOII rendered to'" by Peter and James J . 
Dear Phillip: 

344 

:Ja.mu df. Clifton, Pfz. :0. 332 BRETCOE DRIVE 

GREEN BAY, WISCONSIN 54302 

OFFICE (414) 465-2325 • HOME (414) 468.0971 

April 18, 1983 

The Very Important Document enclosed is the first one, on top--the letter 

from Brig. General Hugh Brady to the Commissioner of Indian Affairs of 

24 August 1840. I think it is probably the most important document I have 

found so far concerning the Pokagons. In 1840 Genera ·' Brady was ordered to 

evacuate allof of the Indians from southern Michigan and northern Indiana 

(the United States was preparing for the possibility of War with Great Britian over the northwest frontier controversy), and when he met wi th Pokagon and 

others he immediately ran into a problem, finally surrendering. This document 

contains a list of the headmen in the Pokagon band as of that date and the 

numbers in each household; it indicates that Pokagon et al had purchased 

1400-1500 acres of land through the Kalamazoo land office; it indicates that 

Pokagon had sought legal advice from a judge in Detroit and received a promise 

of legal protection in remaining in Michigan from the judge; and it indicates 

that General Brady had immediately excepted this situation, deferring to the 

President for further action. A very nice and very impor~~nt piece. 

While in Washington I got all of the documents concerning the Pokagons and 

the Indian Reorganization business in the 1930s. Since the facts of the 

documented record are very different from the "traditional" remembered account 

of this business, this month's report will contain a summary of what happened. 

This will be an example of the difficulties of relying on tradional accounts 

exclusively. For example, in December. 1934, a few months after the IRA was passed, the Pokagon Council was fully aware that this legislation did not 

apply to them and that they were not eligible for organization under it. This 

makes for an interesting account, the point of which is that the Pokagons persisted--in spite of understanding the difficulties, in seeking some form 

of recognition. It is the latter matter--evidence of organization and persistence, that supports your present case. 

Best 

d 

Clifton 
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FlFT~'·FlRST CONORESS. BK!<H. I. CHs. 311. 40. 1890. 

CB.LP. 18.-An act !.<> AOCerl&ln the amount du• lh• PoUewatomlo lDdiaDo or Michigan and lmHnnR. · 

\\'herPM rPpreRentllti\·eo of t.ht> Pottn\\'atnmiP Jndinn• of Michigan 

and Indiana, in l>elmlf of all tht> Potta"·ot.omiP Indian~ qf 1111id Statf>~,make.rluim "l>nin•t the Unit!'d States on aeeuunt.of \•arious 

tr<'nty pro,·i•ions wh1ch, it is nllcgt>d, }Jn\·c not been complied vdth: 

Therefore, 

Br ;t e11arl<•d l•y tlw Se11aie awi Hou~r of Rt:}lre8Miiali,e8 of tT" ,.,. ..... =.In·~ v .. u .. a Stol.-s of A muicn ;,, Congress CUI Sembled, That the Court of ~.;,,::~.·. .. Claims is h!'reliy autJtol'ized to take jurisdiction of and try all questr?.':.~ .. ~l.u~~~~· 10 tions of diff;renrP arisinj.! out_ of treaty &t!pulations ·with the_ said 

Pottawatomle lndums of MIChigan and lnd!Bna. and to render JUdg- T<> ........ d• •• ,... ment thereon; power is hereby granW the said court to review thP Not ooiQp""'l by entire Qll~StioJ! Of uiffereure dP n0\'0, and it BhaiJ not be est.ol:ped IW<. No. r..•ol.l<. p . b" the J'oint resolution of Congress a/>Jlroved twent"-eighth uilv. r.o. Dor bJ l"tteelpt lh 1' .J ,., ' 

tnu. e1ght.eell hundred and sixt.y-si:.:, entit ed "Joint resolution for the 

rPlief of t'ertain Cl1ippewa, Ottawa, and Pottawatomie Indians," nor by tl1~ receipt in full giYen by said Pottawatomies under the proTis- umttauon ot toct ions of said resolution, nor shall said receipt be e\•idence of any fact ............ by ~tpt. except of payment of the amo".lnt of money mentionoo in it; and thP AttQ .... y-Gone.-.Jto Attornt-v-Oeneral is hereby directed to appear in behalf of the Gov-

•Ptoe&r. ernmeni, and if the said court shall decide against the United States 

thP. Atl<>rney-General ma~· within t.hirt.y days from th~e rendition of Apr-t. the judgment, appeal the cause t.o the SupremO" Court of the United 

Stat.Ps; and from any judgment that may be rendered thP said PotPro•·•·•· tawat<>mie Indians may also appeal to said Supreme Court: Pro••ided, That the appeal of said Pottawatomie Indians shall be taken within -··"" to b• sixty dAys after the rendition of said judgment, and the said courts oi«o io coum. shall gi\'e such cause precedence. 

C'ommoocement ot SEC. 2. That said action shall be commenced by a petition stating ""'ion. the facts on which sa.id Pottawatomie Indians chum to recover, and 

the amount of their claims, e.nd said petition may be verified b~· Jl 

member of any •' Business Committee" or authorizoo attorney of 

said Indians a.~ to thE' existence of suc.b fac.ts, and no other siatt--

Dlents need be r.ontaiued in said petition (lr verification. 

Appro,•ed, March 19, 1890. 

llarcb>o. '""'· CRAP. •o.-An act P"""'ribi.J;u;; th• timM for •les and for notioetl of -eales of -------- propeny in the District of Columbl& for over-due t&:l::es. 

B £· iJ enacted by th~. Senate at~d Hou.se of RP-I>reseniaiit>e&.~r th• 

Dlotnctoreotumhi&: U11if#'d Sf«l~s of America in Congress assembl#'d, That 'the Ccm- ~~;---weo. missioner• of the District of Columbia shall prepare a list of all taxes on real property ip said District, subject. to t..l.xation upon which 

said taxes are Je,ied and in arrears on the first. day of July, eighteen 

hundred and eighty-nine, and each and every year thereafter, induding all taxes due to the late corporations of V.'ashington City, 

Georgetown, the levy court of the County of Washington, aud the Publi!"'ti<oo...., o;.. District of Columbia. And the said Commissioners shall publish the =··~ ot pam- same with a notice of sale ina pamphlet of which not 1<~&; than three 

thousand copies shall be .printed for distribution to taxpavers applT- Noti"" •• •• .-.. ing therefor. Said Commissioner• shall. on the first 1'uesday in .,..,...... April, eighteen h11ftd:red 11.nd -BHulty,.and_the third TuesdaT in Marcl1 

<Jf each vear thereafter, ,give notice which sliall contain the name of 

il&Ch ana . every person in w bich each piec.e of property is &RSeSSed 

together witl1 tht> amount .. of assessment upon each J>ieoe by .adTertising t-wice a wt>ek for three successive weeks in tl1e regular issue of two or more daily new~pllJ>ers pul>lished in said District, that said 

pamphlet has been printed and that a copy thereof will be delivered 
==== =-:·· ·--·- ··----

~ Library of Michigan 

d-~~\J 

State Law Library 

The State Law Library, a division of the !Jbrary 

of Michigan, is happy to furnish you with the 

attached material. This is being provided as an 

information service and should not be considered 

a substitute for legal research or for obtaining the 

professional services of an attorney. 

We hope that the attached information is useful. 

Library of Michigan 

State Law Library 

525 W. Ottawa St. 

P.O. Box 30007 

Lansing, Ml 48909 

(517) 373-0630 

7 

no,.! 

II\ 

Til

,... 

L n

D. 

m 

I'Y. 

Y. 

... 

...._ 
.ao1 l'tlT.\lf.tT.nnF. Txm.\NS r. TITF. 't:XITf.U RTATF.~. 

•eJe1"tu·t' tlartat'•t .r "" ntt. 

\'J. n,. Jn•llall• "·lut "'.,.,.. allnwed In n-Maln in lli..lliJ,t:lll an· llnl I'll• 

tit1~•1 to au_,. t·utlrf' annnlty, hut unl~· lo tlwlr ".1,•1 pr••JWrli .. a " 

in , ... nllf> ... r tl1•- wl1n n•mllirh•ol to 11•·••,. ,.,-hn r..rflnT-...1. 

VJI. 1'h,. J•ri•Uo·tlunll.laC'f ,,,...,. 1Ntt :uc thnrhf' th.- ~'""''" '" lrf'Jtt I"''' 

)'t'tnalaenuiti.-a •• "''d"'l aud ulluw a ht'un•r)· fur tha ,·•luatiull 

or&a.e .. W~M~. 

Trh Rrportr:r•' atateweut of the cases: 

Tllr followinit are tbe rnc~ or th~ c.1\!'re:C "" fmuul by the 

00111·t: 

J. Jn aa utiele m:pplrmf'nfftl1' to t.l't'aiJ of :!ith &·l•trnth('r, 

us:J3, it. ill yn'OTitled thnl n t•nrtof the bnmt rrtdding 011 tht! l't•l'ler· 

Yllttiou ln the Ttrrltory of )lichigull, on Rl:!l'OUbt "ftht•h· n•li:tlun:4 

Creetl, might ft'IUII\'t! to the nnt1.1wrn )tnrt ttf the JMmiU!411IIIo ur 

llit:bipn, ancl, In''''"" ttl' IIIICh l"eiiiU\':11, tJw .i•t,.t-JlM)tUrtir•n nf 

all aunntUftl J*ylbl~ to tb"m nn4ll•r fonucr trentil'" mul that 

ariMinr froa tbe Rale of th" reiMirvntfun nu whh:h they then ro· 

aided 1l100kl bo puld to lhtm at L'.At·bro Cro<be. (7 S~tl. L., 

PI'· 4~2-1~.) 

JJ. Sume nr tbe r.,u .... lltami6 lndiRDI of )lit:hipu IUIIl Jntllanl did remO\"f~ in obedlt"ru~e tn thit~ artlclt'l, tr01n th~ir 1'8'· 

· en-ation to the nurtht>m part of th6 tHmin!'luJa of Michig:m, 

but IDUIC of tlteu1 Nlnalued in ~JUt.htnl )licbipu, to which 

tbe Government did not object, antl d~alt with tbem, not en· 

(urclng t.lte reqairen1eut ut renHI\1tl, a" l•ercinaftu 111hn1\·n. 

111. The Mid JndlanK huve not receivt.-d Mince Jli:J.i au,,· pay· 

mruh from the annuity nr 81,0(10 nnder the fourth llfticle or 

the mnty of Anguat 31 179S. (lb., p. Gl.) 

TheJ han not reeelnd •oy pnymenta ttinc c 1835 under tbe 

tblrdartlcleortbetroatyorBeptombcr ao, JI!(•J. (lbid.,Jo. ll4.) 

They l11\'t1 not received any payment Miuce 1&\:i under the 

third at1ieletor Uoel,..oty dnlod October 2, I HIS. (lbiol.,l•· l&i.) 

They bnve ••otref~clved any payment ttu41er the fmtrth na·tido 

or the treaty or Augu.t ~'9, 1821 (ibid., p. ~:!U) oloco tho y.ar 

l:;;J;;. 

They haft not J'f'atved any payment uo11cr tho third nrticle 

or tbe trHty or Ocwber 16, 1820. (lb., I'· 2!15.) 

Th('y have not received any paym.euta 11lnce l&'JG umll'r the 

IIC!<'Ohd artfele or tbe tr<atr of 8eptembtr :lO, 18:l8. lb., (Jo. 

317.) 

IV. Uudertho treatror .Joly 29, 18211 (ib, p. 3!!0), tho cloum· 

auta have reoeived paymentll as hereinafter ebown. 

V. 

lS'J.j n

(Ibid.

Tbc

thil'd 

'l'he

.roue 

VI. 

f2,0UO 

bcr ~G, 

VII

Indian

'l'btoN w

im·laa

Jn 181& 

In IM83 

In 1~. 

The 

tho lolft

11Dt10r 

plen•en

Joint 

nwnta 

fl.null' d

hJ the 

nation 

In m

antf th

fendan

"Wrc.,~

''8ra

fol'umti

~tc.. tu 

Rnd ·'~

tiea, I 
408 PoTJ.WJ.TA

XIE t~DIA~S r. Tm·: r:siTt:n E\T.\TES. 

let•flett' IUit•e•l ., ••• UIC . 

the Chippew;ltt, Ottaw:as, and Pottowatowft-~ of :\li,•hig:m, witbio tbe Mactillao Indian Agenc1, were l'ni•1 as fullow": 

---------- -------1 

T-.j w- lf''J_.::::::_ tk1 I Jttohen !lhlll't .... . .... ......... .......... ..... ..... . . .......... J :!:.\.1 .l ~#l M 

~~ ~; :r~; l:::::::::[::: :: ::: ::: ::::::: ::. ::: : .~ 1! ~ := !·w ·.';r,:;.; :: ::: ::::::: ::: ::::: :::: :::: :: ::: i ~ 1 ~·!:: : 

!~ ~~ ~~~ ~i~~~ ~~~ ~~~~i~~~~ ~~ ~~ ~ ~~~~~~~ ~ ~~ ~ ~ ~~ ~~~~ ~ ~: ~ ~ g 

lt~f~~~~ : .. !.[!~ •n-ww~t.<~ l•-

"The latter pAyment 1rP m~ule Nov. ~I. 1.-w;G, nml tll~~nption 

to the Toucher '' u follows: "Witt the cbfert. heRd men, be:Adsoffhmllie", ond ituli\'idnnht witbont fnmflie:tt of the ChippewA.,, Ottawa", nnd Pott;,wa t· omie , ~JichiJ:fln lntllana. within tb~ ~Jnr.k nt\w lndi:..n A~:• e, 1 

:; ~t~cl.~)ts~~~~·~:i~~r~~=~~cii:~ :~~:~~ ~~"'~~~rrit~:i~~~~ t~bare" of .1G9..50 eacb, nf the ttnm oC thirty-nine tbnn~:\ml clui- 1Mn in correnr.y, it bein~ the n.mnunt allowed U!ili by joint rc:o& · olatinn of Con~ AtJJ•roved Jnly 28, l~·H, ami hiel• ill in tall and cnmplete ubt~fAetion of .JI el:\im" aurl ctenuuul ~t nf nery kind and oa&ure wbabnever. pa"t. preAent. or futnrt>. in our f;n·nr, Rnd ap ~t t either b~ e:tul Unitt!(} :itatel4 ur l'otta· W"Atnmie Nation of Indian" thtrein, and .-b('th('r !<UCII dAim)'l. •lf dtmAttdll AriMI ont of Any tretlty heretornre omde wit-h u" tha ~airl Chipy-.ew~~:A, Ott:uraa, and Pottawatomtea, or nny b:md ur eonfedPratinn thereof or otberwiae." Cl E. R. ~R. N'C:: . 

Tbe Mict dt~ttribatitm ... ,. made in ~n~b~~!% :.1 ~i',:! ri:n ~w ln,: mtio : 25.1 PMl ~~: d 2,S:U ''"e.-t.. VIII. The fnlln-.rlnK bli ... Je iR AD exhibit of th~ •li114•f'f:ut llnnnnbtflptciHed. io tbe various treAtie:R Ami t.ltP. eumnt!I'Ai iun 

.of the lod1auw wboemign\ted We!'totthe }tis ~ti~"iJit i &1111 tlln"'' 

remA

tbo 

TIW

-- 

..... '

BJ 

B

...... "

~r. 

lilt ...

te.n .••

J..-c .••

IIGI . ..

~ ...

........

.......

urn .. .

1m ...

IX

annn

tbe 

the 

"nno

1ear 
408 POT.&.WAT

.\:\(1'£ T~DI.\N:i "·TOE C'NtTt 1l ST \TF.~. 

l\,ePtt'U1 •t•u•••• at "" #au. 

JUW of::m :uumity of 820,000 fhr tl1C" ye:1r 1&1:! uuth•r tr•·at.r of 

oct .. •ber :!tl, JS:J!!; nor or au annuity of &t;;,ooo for tbc y~ar 

l:U.-1 nutter treaty of October 2;, ltl..'t.!. Cnlcnlatcd At the 

ratio of :.."JI to !!,SI:l, their jo"t p•·nportion w~mld 11mnunt to tl1t> 

.-nm of @;t7,R30.G7 to Jone 30, tlifr.!. Tbe nmoont" are nf tbt 

t~atiet~ 11ct forth in 8.udinc vru, ood re11ft~ent omitl.t'd VRY· 

wents urnltr t11e different trtllties. 

::t. DurinJ: a period tommcuchiJ: Ia. 18.10 and es.tendin::: to 

1St!! thto rclath·e oomber ftC huUnna rem tiniu~r In ~ll•·hil!all 

an•ter t'1thl treo.ty of ScJ•tembcr :!i, 1833, RUd tl~nl'lC t>tut:::r:ttiug 

w;ts in the prnportiou of~)l to 2,812. Tbe Anid umubcr :.."91 :tud 

2,l41.2 II AD ln'Cntru from \d3:J at the time Of the trenty wbu 

re"icled in the reeervatinn Jn erKttbtra. JlichiJ,.~O. 

A nttmbfr of other IDdlane residing In enid rescn-ntinu re· milord lu tbe State of )lirbignn• u ht showu by the fhuling~ 

llet'Nfter. Tbe OIUrt Inti• tbat the number or fuctiaM .... 

mainlu« In tbe St~te of lflc:htpn •fttr th~ ta·nty of S.·tlh:IU· 

brtr 27, 1833, ruldiog In tbe re~oenatiou lu the Terrltm·r or 

lllcbigno who 1btid on ai..'IOOUnt or Uadr reli,riona c1-eeel, i~ Rill 

Mt forth lo Boding 1, to wit, !.»91 to ,,812 t"Wigrating nuder 

uld t.reoty. 

X f.-Many at the lmUnna rcaitUn, In tbe StAt~ of ~llchl~n 

on Mid re~ntttion11 were ot•poaed to nalgrnttu" weet \fltlt tbe 

mniD tribe und ref'ltaed to go. Tbcywere dl~t.1nthcftNI with tbt.• 

trtllt1 wbicb made it tbelr duty to ro; aud tb~ l'C.•mlt. wus tbu 

nuv~rnmeut bad to reeort to forne to eutn}M!l their dt·ttnrture. 

111 tbe struu11e lnddeat to the eufoi'C'Phleutof the trPAty mn11y 

Jndlnm1 refttMl'tl to go. TboAe ludiRIII did not come "·it bin the 

"Uil(11t.aentDI dnuse of the treatr of 8elltember 27, 1821, AIJ 

con~~:truetl lJy the ugeutl of the Govenament. In eva•linA' the 

utnt~ra •ud ~tuts nf the Gonroment they ~o~ ~tttered futu dif. 

ftnmt pArt~ nf the fUnk, 1n11ny ol thetn going tu the aurtluorll 

pnrtinn. It 111 hnpn~l4iblo to th~termla" with ~~~h~hwtiltl nct:a· 

rat ~· tbt" untnber 80 remaining, but they outnnmlJered tht• lu· 

l(iJmll who reml\hmd by COIIMAt O( the agent Ill Of 1-he f..iu\'PI'O• 

meut us coming within tbe exception u to l't.'movnl. Tho two 

elu1118111 numbertd 1,100. 

XII.-A porttnn of the lntllana who l'('.ronined M t'Oin ing 

witblu the f>xemr•tiou ()( tbe tnm.ty of September 27, 183:~, IU'C 

~)'re"t!:nted in l"'th petitions; thoee who did not eo1igrntes nud 

whu ,.,.erfl uvt ret~O&,~I f.Ull by the ngcate 11.ud utncen uf the de· 

fCuc

IICt

X

iu s

nuu

lh~ 

ing 

:Yot

T

nu•l 

VII. 

X

••t.hn

nrti

tho 

H&et

11 14 t

H

the 

bod

pnid

T

JJ'A

t.lu.• 

iuMi~

ril(h

Jmy

,tt

,1

taw

,lf

GcH

"~

ln 

agRi

an a

""w

\V

llic
·.no Por~:w.a..T.&.lll£ lYDJANs •· To~: tNITl-

:o ST \Tl-~·t 

IJiatea et Ut u• rl. 

dbna or Aitl Stutee. Dt.Mte ehliru ;Lgain:st the Unitf..>tl 8httelll Oil 

':!ri:n o::,:~ '::d =~Y Tf:;>~:~~~· which it ie nllt~gt-tl h•n-e 

"lJc il •••dnl bf th &1u1.tt ••d H'*H of &prcM'Hintirf·Jt 'if til (;,.;ttd b"tdt,. of A•eriOG iN t'o•P't,. ancmbl~d, 'l'lmt rhu Cuort of Claim• i~ h4.•reby uutlmrir.l'tl tu tttkcjulittclictivn t•( a1ul tr\· tttl quf'lttions oft1iRf>reuee ari~ing out or tl~nty :-;f.oJml:•rinu~ 

whft tht" fl.'\it) l'utht11';1tnmie lntli:UUt O( )lidli~an and fluJi \U:I. 

nml tn reud~r jutl~tnlent thl•n-t•n : IW'IW"tr Ill' htor,•lJy J:r.Hitt~l rim uid cuttrt to re\ it 'fl' the entil-c true~riun uf tlilli:rrtH't' dt· ... w, 

llDd it almll aot be 4.'fli•I•J.etllJ,\· lhejuiut ''-'~ •lnriun uiTutt;.!l"'' "' ~ 

:::r.~,:~t~ .. ~:h:~~~-~.t,:::::.~~;;.' ::;l·~~i·: ~·~: ·t ·:~~·; •• i\',''! ·7:~:i~ :: ~: Otta"·;a, :atnl Pothnratnmi<" ludiun-.., nur by the l"<"t.'(•ipt iu lit II 

Cin!u b~· Mid Putt"W'atumit.·~ tltHit-r th.s J•rtn•h• ion~ uf :oeai•l ··~

ulntiuu, nor ~dmll ~id rt:C(·iJit lte evidcm·e of ~ny t:u:t c~• t•l 

uf )tnyw~ut vf the muuunt uf Uluney uuwtiulll'11 in it; :111cl the 

...\ttorncy-Ot-ncntll" ht•J't"h.v dire.·t('(l to RJI)lC:tr in bl-h:alf ,,flhc 

Go\·,·rmnt•nt. und fl' tlw ~ai•l CDnrt tthnll •h·t·hle ;1~aiust flu ~ 

Unleed Shit("~, hr.Attorttc \··Ht~ul"'ral may, "·ithin tllirt~· •l :ty ~ 

tttwn tile rendition of 'bo jwl~ll'tlf , AJ•JH'...:Il thl' •·:m!'4~ ru llw 8uJn-eme C.A>urt of Ute Uuib"tl Sheh~:o~; IUnl ft•um any jtul:.:.uw~ot 

thnt-tu:1y he renth:•'ttl the "'aitl l"ultuwntnmie lntlian~ 111:1,\" ;tf,.., 

&PI~Il It) Nlitl Sntu-cuu· Cuurt : l'r,,.ld,,.f, That tin• fiJ•JH ·:•I ,,f 

Mitt Puttawurnmif' h:tli:.n~ Mlutll lttl tni.o•·u within ~ht~· d:•Y" Rftf't the rentlitiuu oflll:t.itljnds:ment, ;a.eul tl..• :o~: 1itl (-om·t" it;~ II 

live au•·h t~ltUl'l4. ' Jn~ den t•. 

"~£(', :!. 'l'b:tt Kui•l Metiou ~hall be c:tlmmtlllt•t•d h_,. a )ldhiuu 

atAtinar the facts uu \t"l1ich :iai~ll'utt l.wntnmit~ lwliau:o: t·htim tu 

r?c:nvet· llllfl fhe Rlft•IUIIt of tlu.:ir t•htiJU~. 111111 :;uiclJ•clititlll ma.\· 

be Yt!rilit'11 h,\" " IIIPIIIher of lliiY ooiJn:ciu~":-4 Cummiltt•t•'" Ill' :Ill· 

dtOrixerl~trturmw uf:o~aid lntlhm" 11:4 to the t!Xil41cnce uf :o: u~ h 

f•dlll, and u•• other MC..ltumcut. need 1Jc cuut tita~tl in t>~titlttt.:ti

tlutl or \"t!e·itkutiuu. 

"..\p)U'II\"l>tl )hnth 19, lS!Ml." 

Ott tbC 1-ttb O( ..\itril, }~JO, 14 petition ll ~ Jjf\•d ill I';I :O: ~ )"o, 

llii.&;S in beludf of Uae Puttawatumiu lmlianl'IO hy :\h .• John 

Critchn; -.u•l 1111 it. h• »llegetl •' tilts IIUtlun·izt.>t l attcn'llt~y tlf :o::1irl 

lndectuA, u appcRr:t by agrctment between !iH.itl Ct·itclu-r ltutl 

the 'bwlint.-.:t t:ommittcc' ofri:ticl huti"u~ U:,tecl Met•teeuU•·r :.~•. 

1~;." Ou the Oth dar of Su...-embel', IHOO, :clluthcr JM!liliuu 

wa•llletl itt tH n~&~ne of PbiutaM Puw-b• l~ amll,:ltl ot!n-r 

Puttawutmnie lodi~WI of :Michicno Mlltl hu.lian;\ in ca~· ~~~. 

16842. The laat petition waa Bled by Mr. John B. Shipman a s 

attoruey fhr 1~titiouen. 

On Jauu1try 8, 1891, the de!eodanta nu1de a utotiun to cuotKJI· 

ltlat.e the causee; 1ud ou JanUU'J' 19, 18911 mad~" wutiuu to 

di~m

thu 

w•:n

sel l

but 

wa!'\ 

LI,U

of p

utiu

tiJO 

.A

extiR

of li

arul 

the 

ImH

tmicl 

~hul'

sunl

44:2)

noit

couu

Prc~

'fn 

a111l 

tbo 

of t

whi

of tU

tlae 

I"C:it!

:V.:t

norl

iu e

t.ie:; 

f•'Om 

be J

Th

tem

tio u 

the 
41:! PoTA\t',\T.\:\IlE TNDillfS r. TDE extTJ

·:fl s·nn: .:. 

l'hl•• •Ctlllr rurl. 

~ippi Rh·cr \'t"i th the Pnttaw:ttomie tl"itJl'. Uucler the h·rm:- uf 

tlti,·• ~np ttlt•nu! nt u. portion ~\'Ct~cl its CtiUlll'l'tion witlt tltc· 

uuitt'41 n:ttiuu, :nul tltct"eby )nJit it -4 idcutity vdth till' l'nll a 

a·atomic·~ t\l'l a trihl•, in ord~r that it mi~ht ;tY:til ih.:.c.·lf .. r tlw 

prh ilt•~!t' of r<'lll:tiuin~ tu the Te•·citury uf )I ic·hig;tll, Ill c·C'a:-<· 

iu:: to he :t part uf the unih>il nution, it tlicl uut rt•t:liu :uc_,. 

p;Ht c)r the pcllilit•:tf nr COI"}JIIr:llfe p01'1"el' o r tlw tJ"ilH..•, that \\";t.-1 

undh·ichod tUIII :o~ till iobercal in the lw"ly a·hidt c·uti;.:r:tlt•cl lw-

yontl the :\li !-1:-;i~xi ppi pur!'uant to tbt• term,. :uul rc·cl•dn•tm Hio~ 

uf the tr<"aty. The portinn renmiuiu;.,t" llt:l,\" h:tn :tt·cptir".J a right to sltnre iu the auuuitiel, but the coqtorate pcHH'l' of !Itt• 

tribe reotaiut'1.1 intact am..l iudd~ t to tlu:~ lurgcr l.tocly whid• 

emigrated. 

Tbe re8f'rvatiou "JM'Ikf>u ofiu the trent y con:-o :.;t~·t luf lGI ilil'C · 

tious, and wu situa.led io Ulf euulhl'rll purtiuu of ~li«:hi ;::m, 

not far from the St:ate Jinf'-of [udianu. In ens•• ~o. lti';.n tl1c 

tletitlon M-~mntts to rept~llitnt 91 hulinu!', whu arc the• f('(li"C· 

,;('Dtl\tin•ll, M it is allegf'd, of a p:u1 uf the hancl re"ldiu~ un 

the re!tervatlontt In tht> Territory nf;\ri(·hllo{nui thf· prtitinu iu 

~o lG.~ aaaurues to ~Jtno:otea.t 1,3illudiau", whn lire allc ~c l 

to be a part of the a.oitetl nation O< CII(J.\'ina tbc re~u~natiuus 

•·eded Uy the sopplemeutarr treaty of Septembea· !!i, J:;:J;;.u utl 

,.-blch were tmd nre int·lndt'CIIn the P:u~t.(•linu (u~ to ·c um~ah 

nf the aatlplcmentnl article or the tn·aty of !ic•J•tL'ttlbel· !.!7. 

lt is contended by coun~l in No. 167-l:J tbat the t•t•titionrrs 

In ~o. 10S-l2 bave uo riJ:bt8 a.nder the trcatic:4 or lti:J.1, nncl 

the~fore uo legt\l cnpnt:it1 toAJlJ"Wftf by indt•[H.mrlt•ntnr !'tnt•t•lt·· 

mental pctitiun; aud that whate"cr JutiJ,:mt>nt ift N'!C·nn·•·•·11 

mu!l.t be fi~r tl•e heneftt of tbe91t)('r~nt•R :tn1l tho~t· they l't'III"t' · 

"'eut, to the exdu!liou of any chtiw U!IOII the 111Ut of tlw incli· 

\'ith11t114 re1•re"eutetl in caMS So. lr.St!. '1'111! Jn•titiotwr:4 in tltc 

latter ca/(c cmwt-tle the rightnf the tmrtif•" in t'R!'t! :-.:-o. 18i.J:t 

tu bring th6 :\nit 1\Utl lmve their clairnl'4 nd.illllic:ltt'll. Uut inl4i~t 

upon ttn et~m•l rightHf itt\ t~i:ntio11 ~tud dch.•rrnilmtiou. 

The ttrt·anlble to tlaa ttpeciut lttw of ,lurir~dit tiun ft~t·ite.'!: 

"\~he1·et&.M a·et•resentative" of the Pnttnwutomie lutlian~ of 

:l\fichh:~n and !ndi:llll\1 in behalf nf all tbe Poth\\Tatomh· ~ nf 

lll\id !;tate~, make clRim RJt;\iMt the Unit~l 8tate" on IU't:nnnt 

of v.arinn~ trt>at.r proviftion,. which ll ht nlle~cd lut\·e uot ht't'll 

complied with: ThcNI'bre. &U t"llff('ttrl, That the Court of I laim~ 

1.- berelJy authorized to lake jnl'i~ttliction of anti try all qnes· 

tinii:O 

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dian

tl'eu

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the 

the 

nry, 

Tl
t.U PoT.&.lr.lT.l,.IE l:surA~s r. Tns t'NITED STATr.~. 

••••••• .r •• ,. ,. •• ~. 

of the l'ourt, to bt ispn~d of upon the bru;ul :round or tht! 

rigllt of aD tbt! Pott&nrato••ies of Michi;.:m• ;unll11di:ma. Cou-

;-n~s lt&Yfl ftCOIDfzed b7 the ~~Q' tith.~ of thf\ YCf U clnimaut 

dt.osignuted at tbeu Putta•·atmnie lndhtna of ~tichis:an :tntllu-

diaun," and nudtr that ~uerlc lu ..... u1 h1 to be d .. ler•uiut11 tho 

lfl:l"t"g te rf,bf. Of lOCh daimlnt, lt•JI\ iUJ:" tlu.• t(Ut"ldiun u( tli:ot· 

trihntiun tG that Department ur the Gonfomcut, ··bid. h_r I:IW 

ba:~ hu-umbrut on it tbo ndolini:otfratloo or the tmtct, whi•·h in 

l~~:al t'Ohtft!IJ•I•tion uiata bet"·t.-eu the Unih!1l Sl~att'l'l u1nl tin· 

tlifl\•Mtf. tn~ v( ludiaUI. Jrrt",.(-ecti\·e oftb~ la·huicaltiUI'I'i· 

tiu11 U( ""bel ... tlte riebt tu llutiUlliU a "Uit UlldC!t'tiU~ stntnh•, 

wiiUtt'\"t.•r elaitn an,· or 11!1 u( tlu.• Jadiau ~ mny haw n~;tilll'il 11u' 

ftl'ftudu:ut¥ P••• uut of tJK" allf'•...-d IUJJI•I('N\'Mtad ;u·ti•·lc tu 

tin!' t~aty or :!ttb ~tentlk r. 1833. If thi~ ill tlat• l:tw, it j,.; 3 

fte"tfJ:nitioa on the part or the llt.'feudaut"' of a Ht'p.,r.ttt• aut1 iu-

d''ltt•adeut right v( I part Of I be United ntltioo of 

t' hi))jK'\\"Ut 

(Jttawa, read l'ut'"..awatomic lntliuul'& to It tlh·ixiou o(;uitl :t ('at· 

ticiptt.tioa ia. portion or tbe fund tklougiug to tlt.e l\"hnlt.• 11:1· 

tiun. It hdnl'i!ltttl bt l'OUUI!Iel tiJr the tleft·ud;a•b I hat :<:ai•l 

Mrtick: Ill 110 put in In• or the truty of 1&13. t1uat it il'i uut 

hin•liuc na the United Stal<'l, tbut lt i:oa uuilutentl in li•rm, 

being uusit:nt.-d b)' the L·ummi~iouera, uud thut it itt llfll a pat·t 

Of the lftafyuf the :!ftb, 'W'bicb it JlUriM)I"f-"' tv \.H!. 

t'!'pon f'SAitlin:ttiuu ot' the IW.'\"t•nth \"t•IHnm uf .. l"nit(od Slalt'l'i 

Starutea at Lar;.'t'." pa;."e U:i, tontitlttl tltl' huli~m Trt!a1it'"• 

•e lud aaid ~nttfll\•hleutal nrtil"fl! lllltou·ht·d to Ute "IIJit•l•·m•·u-

tary 11rtiekl of tM :!Hh uf Sevh·mber, lSJa, bdu1 "nl•l•l,•weu-

hary tn the truly nf the !!Gtb of Scptcnther, ld.l:t The \"ulume 

uf Indian Tmtlift •·u Jlllblil(hed by .uuthority of Cuugn.·s." iu 

the )·ear 18li1, and the rigbts nf the U11itcd Stuh,"l4 iu tho 

ltl'reol~'JMII•hatea ht rt.'t:uguized n•~•·Ortl in~ to the prcn·isittU:oO ••f the juint t~)lltiOU or (.'un::rcKM JIU!t.'if't)IIO the 3d d :1y Uf' )fat-cla1 

l~.aJ; ~~till &ll"ticl~ bM LK!'tll recugui:n.'tl :uuJ 1\Cfl'tlna•ot• by the 

t'~~uth·e dep:trh-ebt uf the Ciuvcnunt:ut stm.~ liM" y~Mr l~tJ; 

it """-M prtw:laiultld by the l'rc~ident •" • pnrt ul the ln!aty 

1theu the ~~ '"' pnuuuJgate.l, and illt bi1uling fon·.- i$ 

11.."C!Itgllizrcl bJ tbe proriaioaa of the law of OUf juri,.Jictiou. bc-

atuae witlloat it dle clailnaut would bave uo at•ndiug iu the 

coart.. 

Tbt fact &!at tlte commlaeiooen did not algn It, doc.-. not inftlitlate it u a 1abaisth•1 aud bindiug obligntlon, ntt tht.• con-

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.f.l(i rHT.1WAT.\m£ biU \~S l'. Tn& e~l n:u St.\TJ-;9. 

., ....... , 11tf .... u . 

Of tlu~ir ••)aim t~l e;~~ !lUj,!l4 1 "n'lliCh ff"li\"C~ Sl c1iffl•rc•IU'e ht•hrt'('ll 

tlu•m :llltl tht.• c•l:linmllt!<t in !-fo. 1GH3 or 11101"1' tlum $_-tiHI,fMMI. 

The• clilli•n•m:e in th<" •lt m:lllll~ ari"CS fmm th~ fal't thai, in 

~~~. Jtii~ l the JU'O(Mtrtion nf the fund f!n<' at :uul fl'utu th•· 

m:1king orthe trt"at~· in 1S3.'J ill h:t!<f1) UJlOO n r:ttio uf' lt·:ot-:-: I han 

!lUU t.• abnnt -1,000. while in ~n. 16."-l~ it. i~ b:tMt·•l un :1 ralin 

nf llt':tr1y 1,!.'00 tn:thont -&,000. The :tnl~jt•c·t m:lllt•r ufthil'lc·lailu 

Jm,; 1"-'t.'U a !l.unn.~ uf cuutt•ntinn brtw('t•Jl the· •·lniumuhs in 

1Gi4'J atul thf' ch•fHul:tnt" Minc·c J$:1tt, lha11K."ingth•• liuu- wlll'll 

unllf'l· tl1f' tre:tty nf 1~1:1 th(' Pottnwntomh·~ Wl'rt' tu c·mi:,:mlc• 

to l:md"' W('!<t of the )fi:o~"' iM~iflrl. Tl1e dnim l1nM lN't'll lwfnn• 

f':nn~:tlt 1\t m:tn,r ~:IMiciUK :tlltl the' 11Ubjt~Ct Of ill\'t•:ltij:::Hi Ill 

ru11t :~tatpmrnt in the hu\i:m ltetmrtuwnt nt vnrinu:~ tim~·:~. 

J, J,"'4il$ nn npvnlpriatinn uf @:l!>,tHIO waP. mrule in jl1ll'l'i-U:11lc'(': 

n( n N'ttlem,•nt Mt1\·eco the cl:timants in 16i4:1 ;uul tim ch~· 

fl'tul:ml!t. which I'Um -.-,.~ paid ancl n4:1'PJIIPcl hy tlll'tn in 

f'ulftlhnent nad 1'0u~ummntiou of thnt ~·tth nlt'nt; hnt tlw nc:t 

of uur jori!!'clh·tiou )lfO\iclf'~ tbnt \\"t ~~oball nut he t!:4tnp)1C't.l hy 

UTht" i•liut re~ulntiun rnr the rt.lil'f or f!l•rtuin ('hiJipt•\\":1, t Htawa, 

:nut t•ottaw:ttomle hu1iM!!.1 nor l.ly th'~ receipt in fnll :,:iH•u lty 

$1hl l'attawntomieA nmler the Jlt'O\'iainu~ of t\aitlrt·,;ulutinu, 

uur """II "nit\ ra-.·ipt be e\"illt·uec of any fact uc~pr till' t•<~.r · 

meut or thf' Mmoant nr money mentioned in it." Tbc I!I,IIUO 

"l'Jn·npriat('f\ :md n•'(·eptec1 iR to opt"rate t\imply m• th~ t•:trm••ut 

ur Umt tnu(•h lnunt·y ou accouut, lc:\Viug the question nf •lint•r. 

etwe:o: to be IUljU:4Itotl UJMill tht' m•·rit.K of the wlmtc~ •·l:tim. 

There is uo tliJo'pnte :t.fl tn lht' amonut pAid the d:tim:tUtK ,thu-e 

lS.'lO. Hc11idt.'11 tb€" :nnouut of ~J!t,UO(J nudl'f Raid rel'i-n)utinn, 

tilt ~ daim:mt~ in 1Gi4:J have ret't'ivetl tbt• fnrtlu:a· Ml110 nl' 

~3G,tr.:u;u , m:tking in thE' aggregat•• the Mtlln of ¥i;;,lfi:!.W. 

Th~ .. ·laim tu IG.'4-t:! i!\ UR~l upuu the contention th:lt tho 

uambt.~r of ludiaul'l t"t·omiuiug un ti1e rel'!CI'vatiun in tlw Tt•tritOI'Y of )lid•i:.;an at the time of en1iJ!r9tiou was 1,17:1 ht·~iclt!~ 

thu~ nf Jljj.&:J, and thnt the fnnd ariKing from tlw dint~rcnt 

11'l•atit•!<t in u ·hi<:h till' )fi.-ltiJ::\11 Indian .. have a right tu p;u·· 

tic ·i)t:tte mn~tt. be tliKh·iUu1cd II)HIII 1hat bUI'Iil". 

A:4 t~ U.•PnKaicl,llw pnlit yof tb~ •lefend:ants in m:tkin~: tl1o 

tre:tty or l~J, \l"U to have th~ lndiau~ emigrate WCl(t nf th(\ 

:\l;>f!li!!.."'ippi, :unlit ~unld he t'eml\t'knb1e imh e.t, if lht•y ngt'('t1l 

to a MU(•h•uwntal :uu1 !'tnh.-;illi;u-y arli•·lc to :otaid frt•aly, tlw t•(. 

fl.-t.:t 111' which wunhl he to (ll.'L"utit ~ many to n..mu1i11 iu thu 

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the t
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,\W.\1'.\'It F. ·~IHA!f !oC f', Tnt: l"XITIW :O:.T.\Tt:l(, 

n,tettla •I ''"' f'••••· ht• ~'4'11 fh:lf lhf',\' Oltf,\· tlifT't•t ~1i~t.fJ~· in flu~ IIUntfM"r uf JW

I:O:UII " 

•·• nmiuil•~: lmf tht·~ ·lini uh:o:tuutiallr in tlu-ttnmiM·rnf l1uliau" 

1'4 1UH\ tt ~. Th:tt tahlc (in thuliu:: \' Ill) pr••t•:trt-tl hy lht· 

oltl•·•·t"l( of till' Jlf't•;ntuu·nt, ~1111 it m~ tu han· ht'4•n n••·••;!· 

11i 1. •~l ht tu-h :\ w:l\' a~ that it- h(., nnu-J~o to th~· •·nnrt t.lw tuw•l 

l't>li:thltt th\f:l on \\.'hkh to Jll't'4lit·:tte :1 thulin~ ul' tht• l't·l:tth·•· 

l'f''l""·timt ,,fflu• t· t•rui~:rntiu~ ttul thn"<' rt•tll:tillill:!. Tlu• :1\'t•r. 

:t;:t•t•sh·UtHu;: lhnm;:h tlw thit t~·.,.: is yf':tr:o: i:o: ~ :.~II i:c tn :! ~1:!. 

lu tltf' JU'C Iimimtr~· npinintt tht• qUt•lol tinlt wlwth•·J".IIIt•l•·l' till' 

:ultliluutal :trfil'l•• tu tluo lolUJ•t•lt•meut:tT')' :n-lic·h·!>! ••f l•tt•tnht •r 

:!f. tS:::I. f•l till' ln o: tt~· n( ~·pfl nthf"l' ~~. t~.::t:t , till' :I UUII 

t• '" ~"l iN rulidu tu till' J'l•litiOII('nl m· cml~· ":1 jn,.:f l'niJIOI'tiuu" 

u( rlu.• l'lolfttt•. w:tl'l "' '' clc-t·hlt'tl. It"'"" l't'Jo\4'1'\'t"fl li••· tlw lin:1l 

th•h•!tllill:tlinu nf flu· t-i•lll'f, DJWin lh<' umin~ iuuf 1111· !OI :I It~­

uwut uf tlw :u·c·unut nJw•u, tht.• rutin hutit :~h•cl in tlw t•l'dimi-

ll!tty Jo\ l:ll~ uwut. 

Thf> t•l:'ln,.: t• tu thf' :-cnt•)'lc tnent:~r~· lll'li•·lc•:c, l'nuu whio·h the 

~htl' uf tlw tM•titintwr:-c ttt'iJ!ill:th• i~o~ :1!4 folluw:o: '

1 It iJC. :t;!t

'l'l'tl 

th:1f in t':t.:c• nf ~111'11 N'fllll\"111 tlu• jn ~~: t JI'"')IOJ·tiun uf :Ill :umni 

tit ~ p:t~·: 1hh• to tl~t•au muh•r li•t·mc•r rc• ati• ·~ :mel tlt;tt i>~it• :: 

t'rum fh(' " u( th•• rt•s.> n':~linn "'' "'lli•·b tlwy nuw •:-~- i•l• • 

:• ll lK' t•ni. cl tn thl'lll at UA.-bre ('n"·ht•." (i Stat. 1~ .• -l 13. 

cuti11 .. d utn•li

:m Tn·:ctit·"·") 

Huth ll.: ·:-~- of r.l:tiowntl'l inl'

i"t that Uu• pi'OJWr t'llll !>! tl'111: · 

tiun of :tiel :trtif'l•· i,., that the tM"titiunf'r.t are t•ntiiiMI tu rr-

~·m •·• · itt thi" )'l'tl('t't'tliu:: tfiC' ~1"0:-lo.oC MU111 o( ~:t d ;1ti1Wif)'1 nnflnot 

1•;1 jn!'lt t•ruJifH'Iitm ... 1'lu· t•unn :-~- •·1 li•r lht>: Hu\'l'l'lllllf'nt iu~ii't 

th:ct it il* to lw di!'ltrilmted in a.fnllt JU'nJiurtiou. 

Thl" t:lai111 nf l''~t itiultl'f!' ilol lu•t withnut pc ~mt :t i\ ' un trnt · 

tinn iu tlu·n· f:tYor. lu tl1t" n•tW'Irt nf th f' t'unnnittPI ~ nu lwtian 

\n:ti rs fi t' tlw Scu :~ te nf tlu: t:uit•-.1 St:th•s entith·1l ••St•tmh· 

l:•·rM•t·t ,;,,, 121, t'nrty·:ct..'t'OIIcl Cnn"'r<'l'1-.."', ,.:et:mul M4':ot.:c i•••• ·" it ~ 

!'!:till : 11 Th(' nunuity or ~1.:-.,•n .;,tt p:1itl tht1 ~li1·hi:,!1t11 lntli:1tt" 

frum 1~1 tu (:ift<; 1rlll4 rt'W,trdNI hy lim ntmi .!t.~ innt'I'Jo( :t:i tltt•i r _jn!'lt twnpurtion of an :umnity of ~w.unn l''"'l:!f''llJy tl•t• tl"f at ~ 

uf 18:."3 :mel of the !!!!,fNKI rn ull~ Jm~ nhlt· nuuually by tlw l>IUt•· 

t•lt•nwnlary t~atie~ nl' 8c..'{)ti'Tnbc

:t· 27. 18:~-1 : 

.. "· 1u•t'i"l1lt, iu the ju•lt:nwnt or ynnr c:nmmitt('l' mt rxpt c· ~:-l f'cl 

in llirir con~tnwtion nf t11i" And tltr. ~\'l'r:tl trl·:ttie !', the,- an· 

l'ntitlrtl t o t1w rntire Rnllnity of $:,.,._1,UUU." . 

·rhilol enttlollrtu:lion of tlcc ri~ltt l'( or llu: pt>titinn f' ~ iJo' ~m

(!UI'I't'd in by tbe I'I."('IOft of tbl! Committee uu huliau A nit irs of 

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4:.~1 J"OT

;\W,\T.\mt: f:siU.\ft:i r. TuJ.: rxrn·:P };1',\TJ:li. 

O•hl•• ef ''' r•ut. 

In lrgi:-lluting H}H)II t111' ~uhj~·t ('uugnl'lt l1:ul t'UIIIt'ldt• •·utttrul 

Of the UUHh·r, 1p1d might e!tl'I'Ci!ltl tlteir tll~rf'tiuu 11111111 tlu: 

&.'1"1•1111t114 u( t•nbtit· l"'lit')'• "'e tiiU!O I fi•lluw Ute l'lt:tiiiH' uf unr 

jnri~cliction ~uul tlt:termlne the rigbt~~t of the )':II' I it•s :t.' it 

tlirt't'fl' ;md lntt•mll!o. The ptn'JICI~ oftht• hi\.- \\':114 lu :IS«'l'l'lain 

the '-f:tte of tltr nccount heh\'t'\•11 tJt~ t•:nti•·!'l., :nul l't'luh•r :1 

jmlguumt for wl111t might bt• thw the tJt•tilinnct·~, if nuylltin~. 

(t tlitl UOt Jntcutl tu pl'f'C!ipit;ltt' the JNIYIIK'IIC nftM'IlM'IIIal uhJi. 

~r.•tione, but to auu:trtnin the t•r•·:o1(•nt at:.te vf itult·hlt .. tm·:o;:o;, It 

·~ u~ tbtlt "'fllltfl ~111lt1'1Wt l'd u tn l'r\;t•W U"· t.•nlil't' ttth':o>linn 

of' difl'erence de ltoro;"' lmt it dot.•!l uot fi•lluw frnm that pt·n· 

tiaioo oft be"'"'"'~' th •lttt·rt~tu:ilaunnitic~ :nt•lu 1Jl' h•·:•l•·• l u t"'Dt(UmUtlttetl nhli~ati••u,c., Thnt ttru\ i~i••U•Jf tlu· "lntntt' wa~ 

erldtntJyiuteudetl tn d1·~truy t\.ac Jt·~nJ t'llt'1:t uf tlh' l'l'sttllltiuM 

ref'~ to lu the blw nucl tltf. ~·riltl in run whidt \1"tl.< ext•· 

cutt>d by the petiuuuct·s •·bru thr ~;J.~,uou "'''~ tl<ti•l to tl1cu• 

... 11100. 

Vf'f' t-l•ertfore bold, thnt {M'rnlAIM'nt annultlt•~t ditt not nmturc• 

•• rreJCtmt obll~tlon" by th~ terntll o( t.nr muter 1\'bit·h "'' :'ll'c 

~eeding, and we ure nut Antitnrizl"'l to nlln,.. the ih.·m uf 

_.1,1,:..'0, rtpreMf'ntinJ: tbf' pfrp·tnnl ununity of th~ ju:-lt JH't .. 

pnrtlun or claJnuant" to the ftiii1Tiity or ~~.!,3fMt. Tlwre ~~ IIU 

dlatmte u to the nmnuut Jlnid l)t'titluner.-. They ret:t~h t'fl tlto 

'""' of ~3!' 000 D.Dtler the joiut re!&01utiun nf Con~•·•·~~~ nttd tl ~ 

additiottnlaum of!3G

1

lti:!.oi0, tUtllhnwn in Oucliug Til. 

Tl•ere i1 another item In tbr. ncem1nt nncl ~ttnteution uf •·laim· 

aubl, to wit., tbeaum orel7,u:J01 u their jnlllt

- prttptrtiult ••f t•er· 

blinomitted pnymenU.,AII:cbon lnll11din~ IX. Th~!lnmor~t Jt, . 

3f;..c,:.ttJ Uec!C!NIItrllylneludt'fll thi~clrtlm,and n" that l!t nu r.xl!ihit 

oftl•e f'ull amouut due tbe clninnlntlt tnuler all the t~:~tie:c, 111UJ 

the (ad that there 1fRfl IIID umi:sMiou t~t )IIA)' fnr th t•:u ~~o ..: tah•tl 

'W'Ottld uot tncn'lli'C tbenmouotc1tte the ,•lnitul\lll i11 li1uli••:,: l'ltt, 

which fiiAtPI tlte dill't•rt:llt tH:l'l'tlillg ri;:ltb uf the Jnc\i:llt:-l who 

11'\"! putieat to the variou:-l trtta&let ~ aaud tltrous:1• "·hh·h th~ 

chrimantatlt"ri•e t11elr title ttJ thnre untter the ndtlitiom\l•·hmtte 

w tit~ 141lJ1flielllenfl1 trest.y or Ser•tt11ber ~j, 18.1l. 

The e&"~ u It e1:l1tt-d lu tbt ttMimnuy, r.ttn~i!'t t.ltiJ;t nf ornl 

pruof, tlnc11menta, and repnrtll, and the tliff•·•·•·ut l"elf;Ult!!o U!f 

atbnn by the oouelu,.lona aud judgment of the diR't.·~ut He· 

pnrtmeota and eounnitteee1 made ita elewcutK mo.t diJIIcnlt to 

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361 

d=b 8. • ~1. P~v-To·PEB T. UNITED STATEs • 

1 1 tiffs in error anv rigb\. arising out of tbc 

r ~~ruction o~ the ~""c~eral. statutes. It was "'- 1 bv the C~•cf Justice, to Cook Couli(V v. ~ ,.;,e tf: C. Cannl d: D. Co.,l38 U. B. 635, ,.3'[Sl·1110 1116): "Tbe validity of a stat- 1~ i

8 nOt dr;wn in question t>Very time rights • hutd under such statute are controverted, 

d•, 15 the T"aliditv of an authority every time ~act ilone by sUch Authority ie disputed." 111 The attemP! to rni~ for the first ti~e a Fed· , question JD a pet1llon for reheanng, after ~· 111eot even assuming that the petition 

¢-nt<'d' any such ques.tion, is t"lenrly too )ott. It bns been repeatedly decided by Ibis couf.t that a Federal question, when suggested fM the first time in a petition for rehearing tllrr judgment, is not pro~erly raised .<K! ao to euthoriz.e this court 10 rev1ew the declSlOD of v.. blrbest court of tbe state. Tua• d: P. R. 0.. '· l'outhern Pac. R. Co. 187 U. 8. 48, 54 pH14._617]; Butla v. Goge,l88 U, 8 .. 52 [34: 

fdo]: 1ft nona d: St. P.R. Co. v. Platnnuw, 143 

t:. ti. 871 ~86: 191]; LMper v. Teza~,189 U.S. 

w. rs>: 2.5). Ja th<· C&Oe of Ba.rbarit v. Mobile, 50 U. B. 9 11••· 451 [13:'212], it wa• held tbat under tbe l•toty-ft!tb oection of the Judiciary Act this eourt ucannot. re-examine the decision of a 

l&alt rourt upon a question of boundary be· 19ff'n roterminous proprietors of lands de- f'l"!dio~ upon local IR ws." Tbr 'juc&tion involved In tbe present case tamrd nrt!cl.r upon the provision& of section 114P, Mills' Annotated Statutes of Colorado, 8Dd the dt•cisions of the supreme court of that atatr construing the same, as shown by the ... of Pattcraon v. Hitcl<roclc, S Colo. 588, •t..icb limited tbe width of mining claims to 1110 f<'<'l io widtb on each side of tbe center of lllf' kxiP or vt>in at the surface. The coDtro- ftrtf'd qut.stioo io the case at bar turned upon 9bkb dirtctioo the lHooitor lod~ properly rao touLll of tbe disco"ery sbaft, and it being lound by the jury tbat tbe lode or vein· did "'"bear westwardly townrd the Annie lode .._. IOUtheastv.·ardly and across the westerP .We line of the 'Monitor claim at a distance ex· lln'<lln~ 1"0 feet from the center of the Annie Jr:!'"• h follOl\'t'd that tbe claim of the plai~tiff v•HI] btlo'll' was sustained, *and the jury ac- =logl)· rtturoed its verdict that tbe plainti.II • l\'11.11 e~titied to the possession tbereof. TLe qucsttoo thus presented and decided in· :';?d 'lo construction of any Federalatatule, ttc~.. 1 tthbecome necessary to determine tbe -.,ule~. e Parties under the Federal mining 

. .II~ /IJ>b!l. •· ColeJ,our, U6 U. S. 159 [86: 924], .... ald. J~~Uct ~arlan, speaking for the court, .. · Our JUrisdiction being invoked upon .• ._ :;':•dd tb~t a rigbtor immunity, 1pecially . ....,ortt! ~atroed under the Constitutiou or 41oe1 b ' O the United States, baa been de· --4 .,.J; tbe judgment aougbt to be reviewed, . ....., tb lppear ~roc tbe record of tbe case 

~ .. ezp:t 1f• flgbt, 110 oet up and claimed, .....,_.,, ess Y deoted, or that •uch wu the , .t.ppJ ·i."flec.t in law of tbe judgment." .7 "t~Q,I,. g tb11 rule to the ca•e at bar, there --.·• rll<bl pre .. nted no Federnl question. for 

'" ~t;itt!,mllluntty, or aulboritv under tbe ...._ ap by t.h or nwa of tbe Uniteo Stat eo was 

~" 1J. &. e Plainti!Ia in error, or deolod by 

tbe supreme court of Colorado, nor did lila judgment of that court neceSRitrily Involve any sucb question, or the d•nial of any ouch right. 

'\\,.e are, therefore, of opinion tbat tbe moLioD to dismios io well mode, and abould be aJ. lowed, and it !o accordingly so ordered. Mr. J1Utke Field did not ait iD tbla cue, or take part in ita decision. 

PHINEAS PAM·TO.PEE liT .u.., .dfl1ll&., .. UNITED STATES. 

POTTAWATOMIE Th"DIANS, .Appu., .. UNITED STATES. 

(See s. c. Reporter .. ed. tltll-'105.1 

.Amount dW! IJu Potta'UJalomie ln4ianl-<rnnu- ity prooided by lrealy-diltributi<m Dj IJu 

latn<-1"'U!tr of Court of Clainu-Mttlenun# ofamountl. 

1. Tbe Act of March u. 1890, to asoertalo tbe amou& 

due tbe Pottawatomie Indians of KJcbJpn aud Indiana. conferred jurisdiction upon the Court of Claims to try all questious of di1rerenoe arising out of treaty Bdpula.tionB with tbe said lndiane 

aDd to render judgmenL thereon. 

2. Tbe Pottawatomie IndiaDI of lficblpn and Jo. diana are entitled not to tbe whole, but to a ja.t 

proportion of the anuutty provided for tn t.be 

eupplemental articles of September27.183S, totbe trenty of September 26. 1833, between the United Sta.tee and tbe Pottawatomie tribe or mdted ' nation. 

8. The two treat1ee of tbe Untted Statee with tlJe PottawatomielDdlans, ot Se:ptember 216. 1833. &l)d the supplemental one of September 27, 1833.,were 

aub!ztantiallyonetreaty, and tbe annuity rtve~ 

by the aupplemeutal artiolee waa distributable among both claa&e$ ~amed in said treattea. .Sl"iiiJr tboee who were peruntted to remain east a Just proportion thereof. 

L No power was gJven by tbe Act of MaTch H.l85Kl • to the Court of Clatma to convert tbe perpetual 

annuitie!!l due tbe Pottawatomle lndianliDto a 1um for present 'D&;rment. 

6. Bow the mone.n awarded by tbeOourtota..ta. 

to the Pottawatomle lndiauatn pursuanoeaftbe Act of H.arch 19, 181)), ab&U be dtatributed aJDODW 

the ~everal claimants. ta a question to be dealt wUh by the autboritiee of the government when tbeJ oome to distribute the fund. 

[Noa. 1125, 1133.) 

.Argued Ja11. 9, 10, 1893. JJ«i<Ud .April 11, 1893. 

APPEAL from a decree of the Oourt ·of Claims, establiibiog tbe amount that tbe 

~~:"'="!~tt~~~ia;,• ~~~c~1~:u~t~ States, under treaty atipulationa with them, ·ud giving judgment for the said Pou.awatomieh- diatta for that amounL .A.Jrirmed • 

See IIIIDe case below, 27 CL Clo. 408. 

Statement by Mr. Ju1tico Shlra8: · Tbe qutationa involved In tbis eaae grow oat of tbe l!llipulations of certain treaties entered Into between tbe United States and tile Potta· 

NOTZ.-..b to Indiano and lnllian flibel, ·tllelr atctue and ri(Jhtl; JW'iadktion and omatrolot:W&Mm. 

tee DOte to W oroetter v •. Georlfia, 8: 483. 
362 

891~116 . SUPUMB CotmT or TIIB UNITBD STATES. Ocr. T..._, 

watomle Indiana within tbe period conred by oettled, Cong..,... passed no Act wbicb was the year. 1796 Lo 1846, inclusin. Jo oome of proved •:rtlarch 19, 18110 (26 Stnt. at L [O•~rJ the treatiea vnriouo tribe& united wltb the Pot- ~4) entitled "An Act to Ascertain the Amo~ 

tawatomies, but the trlbea were recognized by Due the Pottawotomie lodiao• of llicbis.:'' the ~overomeot u being distinct from one an· aod Indiana." TIJe Act is u followe : 0 

other. and their respective rigbta and duties "Whereas rep~ntatiYes of the Pottaw under tbe treotie! were therein detined and set tomie Iodi3os of llicbigno and Indiana in t! forth. In others the Pottawatomie Indians hulf of nil tbe Pottawatomie Indiana ~r &aid were included in tbe tribe desiJ!llaled AS the sLn.tes, muke claim against the United Stateso United Nation of Chippewa. Ottawa, and Pot. account of l"arious treaty provision.s whicb ;: tawatomie Indians, but the ~overntnent seems is alleged, have not beeu complied with: Theq. to hove dealt wiLb the unitea nation as though fore, it were identical witb the PoUawatomie trit-e, .. & it 8n11Lt«l bg tlu &nau and B&U, of and we sball so consider it io the present case. .Repruentatiru of fM United Statu of &men·.., 

By the various treaties the Indians cededl:lods in Congre11 auembled, TbattheCourtofClai1111 to tbe government, and received for the snme I is hereby authorized to take jurisdiction or . other lauds, wouey, etc., and also pledgt:s of and try all questions of d~fference arisiDg out specified annuities. By a treaty made on Sep- o! treaty stipulations witb the said Pottawa. tember 26, IH33, tbe said United Nation ceded tomie Iodiaos of Michigan aod Indiana and to tbe United States a tract of land on the west- to render judgment thereon; power is b~reby 

ern shore of Lake l1ichig:1n, cont:liDing 5,000,· grnnted the said court to review tbe eutire 000 acres, and received ns the consideration for question of difference de noro, and It abn.ll aot the cession a reservation 5,000,000 acres io. ex- be estopped by the joint resolution of Congrcq 

tent, west of the Mississippi river, various sums approved twenty-eighth July. eighteen huo. 

692)of money, *and the promise from the gov- drcd and sixty-sir,- entitled 'Joint Resolutioo ernment of $2ti0,000, to be paid in annuities of for tbe Relief of Certain Chippewa, Ottawa $14,000 a year for twenty years. It was pro- and Pottawatom.ie Indians,' nor by tbe reccipi vided by the treaty tbat a just proportion of in full given by ssid Pottawnwmies under tbo the annuity money named therein, as wtll as a • provisions of said resolution, nor shall said just proportion of the annuities stipulated for receipt be evidence of an1 fact except of pny. 

in the former tre:J.ties, should be paid west of mtnt of ti.Je amount of money mentioned io il: 

the 1\lississippi to such portion of lhe nation as and the Attorney General is hereby directed to ahou)d b:tve removed thither within three appear in behalf of the government, and if the 

years, and that after the e:tpiration of that time said court shall decide against the United Stutes the whole nmouot of tbe annuities should be the Attorney General m8y, within thirty days 

paid at the resen•ation west. On the day fol- from the rendition of the judgment, appeahbo 

lowing the execution of tba\ treaty an article cause to tbe Supreme Conrt of tlle C'nitrd 

supplementary thereto was made on behalf of States; and from any judgment tbat may be 

the chiefs and head men of the nation, by rendered the said Pottawntomie Indians may which they ceded to the United States certain also appeal to said Supreme Court: Prori~lal, 

laods io tiJe territory of Micbigno, south of the That tile appeal of said Pott>wawmie Iod1aDt Grand river, contain in~ about l64sections. It shall be taken within sixty days after lbc rea• was agreed that tbe Indians making this cession ditioo of said judgment, and the s:Lid courtt should be considered as parties to the trenty of shaH give such cause precedence. the preceding day, and be eotilled to partici- "SEc. 2. Tbnt said action shall be c~mpate in t.be benefits of the provisions therein menced by~ petition statingthefactson whadt contained, as part of tbe United Nation. To said Pottawatomie Indians claim to r~covt~, 

the supplemental article another provision wns and the amount of their claims. and s:Lid ()C

added, u follows: Lion may be verified by a member or any "bu• 1 • "On behalf of tbe chiefs and bead men of ness committee' or aulhorized attorney o[~'saU~ the United Nation of Indians who signed the Indians as to the existence *of sucb u 

treaty to which these articles are aupplemcnt- facts, and no other slatements need be CO~ 

ary, we hereby, in evidence of our concurrence t.ained in s:Jid petition or verificat!on. "d. I therein, become partiee thereto. On beb:J.lf of the Pottnwa.tomte In laDS 0 

•• And, as since the siG"oin~ of tbe treaty a Michigan and Indiana, John Critc~er Dfc,l • pent of tbe bond residtng on the reserv•tioos petition in the Court of Claims. Apnl 14 .. 1~901 in Lhe territory of llichi~on bavenquested, on averring th:\t be was the autbonzed. dttoro~ 

account of their reli;ious creed, permission to of the said Indians, as, be stated, wou ap~ 

remove to tbe northern part of the peninsula by no agreement between himself • .. ~ ~ ~~ of Michigan, it is agreed that ia case of aucb ness committee of the Indians, ~8loC\.i P ~ removal tbe just proportion of all annuities ber 2!), 1887, and c)fliming certain un~td. oca payable to them under former treaties and that nuities under tbe said treaties. Tb~~lal~dte arising from the snle of the reservation on exhibited a lHIJle sbowiog by. pen s 0 mer- which they oow reside shall be paid to them yl'<lrs, from 1836 Lo 1872, inc!USlve,ad •rU,011 at I' Arbre Crocbe." ntioo of the Indians In 11Iicbignn an. 0 

11 •I" Upoo tbe basis of pro~isions contained In west of the Mississippi. from wbl~h tormct the various treaties, claims for unpaid tmnui· pearcd that the aYerage number of r t :e lattd ties bave been presented toCoogressfromtime during that time wu 291, and o 1 nl Io to time on behalf of Iodlaos nfloged Lo reprc· 2812. The petition coota.ina a sta~~ 10 bf 

oeot tbe part of the band mentioned In the lost deta.il of the various noouities ~~~~be Uni" provision of the ssid aupplcmental article, aod due, nod aska for a judgweul "IP'(g heiDI 111 for the purpose, IJre&Umably, of baving all ed StaleS in the sum of f2'l$,036. '•. u amQIIIII 

question& connected with tboae clalma tinnily tbe rntio of 291 ID 2812 I<> tbe enUrtl !I U S. 

ru u · 
363 

1892. PA>I·TO·P.Eit v. UJ<tTED BTA'rEB. 

olleged 10 bave been pledged to nll the Poll•· -.ratomie Indians undrr tbe vorious trrn1it•s, )u~t tbe amount or $38,000, the sum or ti.Jc ~on~uities for Dineleen yenra under the tr(>oly of 1SS3. The latt.cr sum v;as claimed on tllc ac:sumption tiJRt the c}nima.nts slJould n·ccive, 

0f the annuities arising from the cession of tbrir )nods in southern ]!Jiebignn, not a just 

rpportion, but the whole omount.. The rbimants averred tbat the main tribe> of lndi- .~ 5 moved t.o their rcscrvntion west of tbe )lis-

•is;ippi end tbnt the part of tbe bnod wbich 'tt'as to ~emove to tbe north did so remove in obtclieoce to tbe terms of the provjsion sup- plementary to the treaty of 1833; that they are tht reprt:sentatives of that part of the band, and as such, are entitled to nll the benefits se- cur~d bltbe said supplemental provision. On November 6, 1890, another petition was filed in the name of Phineas Pam-to-pee aud ] r.'; J other Pouawntomie Indians of l1icbtgnn tnd Iodiaoa, by J oho B. Shipman, their attor. nry, nllel:!ing that they were entit1ed to ebare tn the an'Duities secured to the Pottawatomie lndinns by the said treaties; that they were not rrjlresentffi in tbe petition first tiled, and that ()O:i 1 tbe attorney nnmed in that petition *had 110 :mti.Jority to act for them in the premises. This petition ~· as filed on behalf of certain In· dinn!'l, citizens of the United States, who were individua1ly described by name and residence, e1lt.'ged to be all the Pott.:rwatomie lndiaus, so for ns could be ascertained, reSident in tbe said 

atstes, except not exceeding 250, from 91 of · .,.!loin they alleged that tbe attorney named io the first petition derived his authority to act. The claimants stnted, however, that 1bcir peti- tinn was intfnded for tbe benefit of alllndillns int:luded in the provisions of tbe Act of Con- s-ress who might choose to toke pnrl in the pro- ceedings in the &Rid conrt. Tl.Jey averred that t.ht Indians designnted-in tlle Act, or their an~ 

tcstore.were parties to all the said treaties, and entitlrd to &bare per capita in tbe aonuiti~ 

ICtured thereby to the Pottawatomics, and that t.he ~ondilions imposed upon them by the trealtcs had heeo complied with. Tbe clnim. ants alleged tbat tbey were entitled 10 a just proport1oo of all tbc annuities provided for by lbt treaties in QUt"!!:tion. They inlerpreted tbe b.s! provis!on (If tLe treaty of 1833, as did tbe 

f••maots m tbe first petition, 10 be tbattbein· •••• exempted from tbe requirement of re- ll>ora.l w~t ohould receive the entirety of tbe diUlu1ly lhpulated for in tbat provision. Un- Jr the trenty of 1833 tbey, therefore, claimed • ''!"' of 138,000, being 12000 per year for !fe luoeteen yean tbe aame remained nnpaid. tl hey al'!" eonteoded that tbe perpetnalannu· ea prnv:tded for should be capitalized and tbe &lnounta tbereof, In tbe aum of $448.000, added .;: the llllll of tbe past unpaid determinate and de IJ>Ctual annuitiee, namely, 12021.1100. Un· on' Ja treaty made oubsequently 1o 1838, 10 wit, eml une 17, 18(6, ..-itb tbe oald Indiana who 

the 1:,~~ weat, the petltionen claimed tbat . ...,tit! d lllDI who ~emaioed In Michigan were .ay • to the tum or 1«8.874.80. It ia ,. trrred tbat by tb:lt treaty tbe Mid ..-rratlon s:- 0h the Miuluippl wu coded to the Ualted u...:" '1 tbe oaid Indiana, wbo were promlaed a.aoo f:J:e Ia addition to a perpetaal annuity or 

:;;&&& •

11• ::m ot tsGO,ooo, 1oM eer1a1a _dedue>. 

lions provided for in the treatyi that after mak· inf! sucl• deductions, tbe balance remainingwu 

*G43,liUO, wbicb "·as 10 be held by the Goveri>· mt•ut. as a trust fund for *tbe Indians, [696 and wns to beur interest at 5 per cent, payable 

nnnuully for tllirty yenrs, and until the nation should be reduced be1ow one thousand souls; tbat the tlrst iuslalment of interest became poyablc in 18(0; tbnttbe totalamouot ortntereot up 10 nod including the year 1890 wss $1,850,· suo. and the TaJue of the same as a capitalized 

annuity was $643.000. mnkiogan aggregate of $1.993,800. Tbe petitioners averred that when tbc D.nnl provision~ of the trtnt.y of 1838 were executed, tlle number, aa nearly as they could asrcrto.in, of the Indians removing west of the Mississippi was 3840, nnd tbe number of tbose remnioiog io Michigan was 1110. They, therefore, alleged that the gross amounta stated (witb the exception of the Mid amount of ~38,000), should be apportioned between tbe Indians who removed west and t.bose who re· mnined in :Michigan in the ratio of 8840 to 1110. They deduct from tbe total of tbe amounte ascertained as above the sum of $75,· 162.50, which they admit that the Indians re· mnining in Michigan received from the govern· meot under the treaties of July 29, 1829, and September 26, 1833, aod under the Act of OOD· 

gress of July 28, 18GG, leaving the sum of $963,058.50. This is the amount alleged to be due tbe Indians exempted from the require· ment of remoYol west, upon the assumption that their number bas remained the same as it was in 1833. The petitioners claimed to rep~ 

rtsent the Indians onJy who went north,whose number they alleged to have been the difference bet"'eeo 1110 and tbe number of those who remained in southern Michigan, and, therefore, the petitioners asked for a judgment for tbem· selves in tbe sum of "804,8$8.80. On Jannary 8, 1891,the United States moved the Court of Claims to consolidate the caaea, nnd on January 19, 1891, made a motion 10 

dismiss tbe case presented by the last named peUtion. The motions were reserved 1o be 

decided on tbe trial. and tbe court ordered tbat tbe easesbetrled together. Upon tbe trial !be motion to consolidate the easea waa aUowed, and tbe motion to dismiss the second cue over~ 

ruled. The court was of opioioo thattbepar· pose of \be Act of Mnrch lV, 1890, was 10 ba•e all questions of difference arlaing from the *claims of tbe Pottawatomle Indian• of [69'1 Micbigan and Indiana eettled to a.n auLboraUve and judicial form. and that any prooeedlll& wblch would accomplish tbat purpoae, frre· apective of technlr.al rules of pleadillg, ,. .. proper uader tbe Act of Cnngress. It waa fur- ther observed by tbe court tbat In each cue I& appeared tbat by special oppolntment &be al--

~·'tb~";::.-:~::,:!1~ 'i~~tt::: !:C~::.':tu~: tbe states of Micblgan and Indiana • ...,d lha\ tbe eaoeotlal requirement& of &be atamte •ere tbUI fulfilled. After dne p>oceedlnga were had In !be con· oolldaled eaae, !be Court of Clalma, on llbJcll 

28, 1892 (27 Ct. Cl. (03) found, In aubalance, lbe followlag facta: Ia obedieDce to the Jut 

provioion of the article aupplementuy to she lrcaty of September 118, 1838, a few or Che 

Po&tawatomle Iacllaaa of lticblgan ... d ·lD· 

... u 
diana removed to the nortbem par1 of the pen!Daalaof lllicblgon, but tbe ~eat body of them remslned In southern Micbtgun. To this failure to remove the government djd not ob· 

l

ect, and did not force them to remove. With· n tbe period from 1848 to 1S66. inclus!Ye, tbe Indiana remaining In southern Michigan were there paid, by government agents. an aggre-- gate amount of $75,162.50, '3D,OOQ of wbicb was the amount provided for by tbe joint rese>- lution of Congress referred to in the Act giving tbe Court of Claims jurisdiction in this case. The remaining amount, $36,162.50, wu paid to the Indians as their proportion of annuities secured to them by the treaties of July 29, 1S29. and the supplemental provision of tho treaty of 1833. During !be said period. u sbOl\'D by a table in the ottice of the Second Auditor of tbe Treasury, the average number of Indians in southern Micbignn W8S 253, and of tboae west of tbe Missi~ ippi, 2834, and payments were made to the Indians in .Mich- igau in Lbis raLio. None of the Indians so ·paid permanently removed to the northern part of Michigan. During the period from 1836 to lts72, the avera~e number of InditulS in llicb- igan who remamed under the treaty ,of 1833 was 291, and the a\"erage number west of tbe Mississippi was 2812. A number of other In- dians residing on the reservation in 1tfichiga.n in 1833 remained in the state of Michigan. 698)*Tbose lodians, and tbe 291 who stayed on account of their religious creed, numbered in all 1100. "liaoy of the lndi3os who were in Michigan nt the time the treaty of 18~ was made were dissatisfied with the requirement that they stlould emi!!rate west with the m:~in 

tribe, and refused to go. It was necessary for the government to use force to compel them to leave, and in the struggle caUsed bY: this at- tempt to enforce the treoty many of the Indians, in evading tbe officers and ng nta of tbe gov- ernment, scattered into di.fft-rcot portions of the state, and many went to the northern - por- tion. Those Indians did not come within the supplemental provisions of tbe e.aid trelltV. as construed by tbe agents of tbe United States. What their number was cannot be ascertained, but they outnumbered the Indiana who remained by cooseot of tbe go'\"~rom nt as com· ing within the final provision of the treaty of 1838. The United tltates ne<cr made any tender to any Indiana at 1" Arbre Crocbe, nor in the northern part of Micbigan. 'flle agents of the government did not insi9t upon the re- moval o[ the Indiana u a condition of their 

rigS~~~! P;l%e~t:t Po~.;~~~~mie Indiana of 

Michigan and Indiana ba'f'e received no pay· ments of annuities provided for by tbe trenties of the following dates: August 8. 1795 (or~ 

( ): September 80, 1809 (art. 8); October 3, 1818 (art. Sl; August 29, 1821 {art. 4); Septem- ~er 20, 1828 (art. 2); October 20. 1832 {art. 3); 

October 26. 1832 (art. 3). Of the annuities promised by the treaties of October 16. 1826 (art. 8), and June 17, 11!46, they have received no payment&. The c~urt also finds, ·specifically, !bat tbe aaid Indi•n• have not been paid any money of an annuity of $2000 under tbe treaty of October 16. 1826, for the year 1848; nor of an annuity of '1000 under the treaty of September 20, 1826, for the Jf:AI: 1848l nor 616 ' 

Ocr. T-., 

of an annuity of •1~.000 under tho treaty of October 20, 1832, for tbe year& from lSI~ to 18n2, Inclusive; nor of an annuity of $20 000 under tb& treaty of Octob,er 26, 1882, for the yeer 18:!2; nor of an annutty of $15,000 under tbe treaty of October 27, 183:1, for the Year 1844. 

*Tbe claimsoto In bath c1t0es Included [691) in the list of treaties under which they requested the court to find tLnnuities to be due them fort he lime.ouboequent to 1836, tbe Ins! named treaty, to wtt, tbat of October 27, 1832, but the court made no fiorllng with regord to paymeota made thereunder except as to the year 1844 

Upon the foregoing fQCis the eourt dcle~~o 

mined. as a ·conclusion of low. that the Pou8 .. 

watomie Indians of Itlichigan and IndiRoa were eotitJed to recover the sum of $10-4 6.,6 

and. gav~ judgment for the .. ld Pouawat:,~i~ Indians 10 that amount. From lhat judgment tbe claimant& in bath petitions appesled to this cour.t. 

Mr. Jao. B. Ship.....,. for appellant& Ia No. 1125. Meur1. John Critcher and Geo. S. Boutwell for Appellants in No. 1133. 

JVr. A. X. Pa.rker. Aui1tant.Atty. Gm., for United Stat~s. 

Mr. JuttUe Shirae delivered the opinion of tbe court: · The A.ct of Morch 19, 1890. entitled "An Act to Ascertain. the Amount Due the Pott.a- watomie I nd ians of 'Michigan and Indiana, .. conferred jurisdiction upon the Court of ClaimJ to '"try all questions of difference ariJing out of treaty stipulations with the Sftid Pottawato- mie Indians of Michigan and Indiana, and to 

rend~r judgment thereon:• The Act granted power to said court" to "review the entire question of difference ck ft(Jf)()," aod prorided for an appeal to this court by either party. In pursuance of. tbe provisions of this stat- ute, on the l<Uh (I{ April, 1890, a petition w:u tiled in the Court of Claims by tbe P ott:lW:J.tomie Indians, by their agent and attorney. Johu Crit'ChtT, and oo the 5tb of November, tSUO, anol hcr petition by the Pottnwatomie India.?t, 

by their agent and attorney, John B. Shtp- man. Tbc United Stnles obj<!eted to the filing of two petitions, *and the cqurt below, over-[! .00 

ruling- a motion to dismiss the latter peutton. ~oi rln tcd the cnnses, and dealt wi.t.h th~m ~ 

ooe. The two clrtsses of cJaimaots uo1te tn 

thT~~f:~~t~~ ~~~Ptaining of the iasum- cieocy of the sum allowed the Indians by ttHt decree of the court below, but they dis:agre:· os between themselves, Jn respect to t e Oivisioo of cbe moneys awarded by the d~ree~ 

T he Inrlians represented by John Cntcber clnim the entire fund; those represen~ by John B. Shipman claim a right to parhC1P&tl in the fund, and claim, -likewise, as we under· stand them. that only 91 Indiana are roallY repre,..nted in tho first petition. We shall firs:. consider tbe m('ril" of the appeal as agalntbs tbe United 8Lil2s. nod afterwards dear wl 

tb;.~~fi~~~!:~~~tio:~tion ts u to wbom 

It due the annuity t>f .~0 for twenty Y•"::i 

granted by the lut cl&u1e of tho aupplemen us u.s. 
365 

ltHI2. PAW·TO·l'Jtt:; v. UNITED STA'rES. 700-'!08 

treaty of September 27, l88S. The petitioners j the bnod *residio,: on the rcacrvutionalo [702 .:laiw the eo tire amouct, i UB,OOO. Tbr Unitt,d tbc territory of !licl•ignn bnvc reque•ted, on State& contend that this amount is dist.rihutol.Jlc a(~couut of tLeir religious creed, pcrmiuioo to 

bet.ween tbe Indians wllo weut 'W!'l'l uudcr the remove to the nortlJern part of tLe peoiueul• 

provisions of the trc:uy of September 26, 1833, of !tlichigan, it is agreed tilnt in ca~c of such~ 

atld tbot~e who remained in :Micl.li.can under moval ~be just proportion of a1lannuitie11 paya .. 

tbe supplemc[lta1 treaty of Septc.:mbcr 27j in ble to tbem under former treaties, ond tllat aria· proportion to their rcspC'ctive oumbcn. ing from tbc snle. of tbe reservation on wbieb To an!:wer Lbis question, we mu t resort to they now reside shall be pnid tn them a1 

the Jangunge of the trcntirs. The 4tb article l'Arbrc Crocl>C." . of the treaty of September 26, 1853, is u fol· The court below held, with tbc united Statts, lows: tbat under these provisions these claimanLI "A just proportion of the annuity money, were entitled, not to tbe whole, but to •• a just ~cured as weH by former truties as tbc pres- proportion" of tiJi$ annuity provided for in 

ent sbo.ll be paid " ·est of the Mississippi to the 6upplementnl articles of September 27, such portion of the nntion u sbn11 bnve 1833: and in tbis view " 'e coocur. . removed tbithrr during the ensuing tbree · It was odmitled that t.be one year'a_annuity, years. After "·bich time tbe whole amount of "2000, h•d been paid, lca<iug to be paid tbe annuities sha11 be paid at tbeir location ~38,000, of "WbicU amount the court awar-ded we•t of the Mi.,issippi." 7 81.111. at L. 451. in fa<or of the clniwanls,"' "a just propor· Tbe articles supplementary, of September tion thereof," lbe sum of ~3658. 60. Tbe 21 provided "'follows (7 Stat. at L. 442): court arrived at·lhis .particular sum by taking !. Article l6t. The &aid chiefs and bE"fld men I the number ·of tbe Indians wbo weoi west at 

cede to tbe United St.attsnll their land situate in 2812, aud the number of those who were perthe territory of :Michigan south of Grand river~ I mitted \.0 remain east as 291. being the reservation at Nota:wasepe, of 4. miles It is claimed that the court below erred in 701 *squnre, contnined in the Sd ~l&u se of this method of computntion, because it ~ives an the 2J article of tbe t.reaty made at Cbicngo on interest to Indians who '~ere not entitled. under tbe 29tb day of August,-1821; and tbe nillety. tbesupplementlll treaty of September 27,1853, nine sections of land contained in tbe treaty to participate in this fund. An examination wade at St. Jo<epb on the 19th day of Scptem· of that treaty sbows tbot the annuity of ~2000 

ber, 1827; nod also the tract of land on St. for twenty years was in pnrt c-oo!ideration of Joseph riTer opposite the town of Niles. and the <"essioo by the Indians who took .part in it extending to the Hne of t.pe slate of Indiana, of _49 sections of reservations on which they on "Which the villages of To-pe-ne-bee and were thee settled i acd iL is claimed with Pokagoo are situated, supposed to contain considerable force tb"at the proceeds of the about 49 sections. sale of such reservations. so far as this en- ''Artic1e 2d. In consideration of tbe above nuity was concerned, should be distributed cession it is hereby agreed that tbe said <.:biefs among the Indians on whose behalf tbe sup- and bend men and their immediate tribes sball ple.meot.al treaty was made, LO the e~clusion or be considered as parties to lbe said treAI)" to those who bad made the treaty of the day I» wbicb tbis is supp~cmentary, and be entitled fOre. t.o participate "in all tbe provisions therein con- However, we think the court below was right taioed as a pnrt 6f the Uuiled Nation; and in refusing to adopt tbisview of the case, and in further, tbat tbcre shall be paid by the United regurding tbe two trenties .. substantinll;r one, Elates the sum of $100,000, to be applied as and tbat, therefore, tbis annuity was dl&trib· foll ows:'' Here follows a specific disposition utable among both classes, gi'ing to those who of $60.000 of it. were permitted to remain east " n just propor· And tben this is added: tioo t-hereof_., 

"And HO,OOO to be paid in annuities of The conclusion arrived at by the court below, • 2000 a year for twenty yeara, in addition to in its Bib *finding, was tbat. under the [703 tOe t;280,000 insert-ed in the treaty, and divided I several treaties and upon the entire account, toto payments of $14,000 a year. there had accrued to tlle entire tribe, those who ."Article 3d. All the Indians residing on the j bad gone west and those who bad remaioed in so1d reE-crva tions in Michigan shall remove 1 Michigan aod Indiana, the sum of $1,432,800; \lJ e~efrom within three years from tbis dole, I that the portion of this that belonged to tbe dun cg whicb lime they shall not be di•turbed petiliooers was *1 34,869.26. To this is to be tn their possession, nor in hunting u~o t~ lidded the proportioo awarded the petitioner lands ns heretofore. In the meantime no in- of tbe $2()00 annuity under the supplem~nLal 

t.erruption shall be offered to tbe survey and treaty of September 27, 1833, being, u we aale oftbe same by the United Stnt... In case, have al.eady seen, ~G53.60. Tb• court be· however, the said Indians shall sooner remove low further awarded the petitioners, u their t~e government may take immedia.te posses- proportionate share of t.lle money due and un- 41 0 D tberc::of." paid of tbe perpetual annuities under the trea- 0~ pnge 445 appears tbe followlDg, signed ties of September 26 and 27, 1838, the aum of bJ: c!gbt Indisns but not signed by the com- $41,626. Aa against theee sum$ the court be· mutsmners: low charged the petitioners witb t.be aum of ·• on.behnlf of the cbiefa and bend men of $7S,162 ~0. wbicb nwount it is admitted baa the Unued Nation of Indians who signed the been received. The court below wns urged to truty to ·wbicb tbese articles ore supplement- decree that the perpetual annuities under aaJd ~y, ~e lu~trby, io evidenceofourcoucurrence treaties should be reduced to OCRBh b&sla,uol ~~e1o, become parties t.beret.o. the present time. and be now puid. Such a ADdu •ioce signing of the trenty a part of disposition of theae accuilles would be 1 ... ery 

lfR lJ. S, U. S., BooK 87, 80 1817 
366 

SUJ'BIWB' COtlliT OJ' TUB C'NITE.D :iTA TEl. Ocr. Tnw, 

conve,alent one, ond all the claims of tbe pe. tiliooers would thereby be doally closed. But the court properly held that no power bad l>t"eo given tt to convert the perpetual o.ntJuities into a sum for present payment; and that mat- ter must be left to be hereafter dealt with by Co ogress. 

As the United Stutes took no oppeal, the several contentions on their behalf :~.re not be· tore us for coosiderntioo. Acceptil!g:. ns we must do, the facta of the case as found by tbe court below, v.·e perceive 

no error in its decree eatablisbiog the sum due to the petitioners. 

How the money• so awarded sbnll be dis· tributed among: the eever:1l claimants it is not easy for us to say. The findiogs of the court below, aod the contrudictory statements of the several briefs tiled by the appellants, hnve leit this part of th is subject io a very coofused condition. Tb·e court says: " The second section that said action shall be commenced by petition, stating the facts, and thai the same may be verified by a 'business committee,' or authorized attorney of !'aid In- dians. Each of the petitions in this proceeding is verified by the affidavit of the attorney ap· pea ring io each ~se, aod io that pnrticu1ar are 

704) identic..!. In each *case it appears that 

~lO:rocl~h!P~6~~!::~;~~:s a~~r:e:es;:i~:Jef~ the states of Indiana and Micbi~an,. under the aupplementery article to the treaty of Septem- ber 27, 1838. In this view of tbe statute the court allows the motion of the defendants to consolidate the cases made on the ~tb day of January , 1891 , nod overrules the motiou to dismiss cau>e No. 16,842, made on the 19th of January, 1891. "This brings the issue by both petitioners to tbe consideration of the court, to be disposed of U!lOD one broad ground of the right of all the Pottawatomies of Michigan and Ind iaoa. Coo~ress have recognized by the very title of the Act a claimant designated as the ' Potta- watumie Indiaos of Michigan and Indiana,' aod uoder tiJat generic head is to be deter. mined the aggregate right of such claimant, 

leaving the question of distribution to that de· 

r::~:h!~~fo~h~'~b!t:d:iua~.;;~~: oY :.~~~ 

:r.~i"-8nl~eJef~:n:'dP~i~;:,~ ~.:e~'f ludiaDL.. · 

618 

On the other band, II b contended with 

great show of reason. by the petit oner~ wb are represented in case No. 1125 (1G,842 in tb~ court below) that the quealloo of what Indiaoo are entitled to participate io the fund Ia one ot law, 10 be settled by the court, nod should not be left to clerical functionariea. Our diOiculty io disposiog of this part of the subject, is tbai we have aetlber findings nor concessions tbac enable us to deAl witb it intelligently. II is to be observed tbat the court belo,. 

found, as a fact (see 6ndiog 10] that the aver. age proportion between tbe Indiaas who re. moved west ond those ·wbo remtt.ined wu as 

2$12 of the former to 291 of the latter •nd tbe court used tho.t relative pr-oportion of 'num. ben as a factor io computing tbe amount due the petitioaers. 

The petitioners, however, number 1371 Ia case No. 1125, but tlle number represented in No. 1133 (16,473 in the court below) is not pre- cisely stated. It is aiieged in the brief filed ia behalf of petitioners in case No. 1125 that only 91 Indians are actuaUy represented In case No. 1133, nDd that the •other 200 Indians (705 are·amoog those represented io cnse No. 112a. But these facts are not fouod for us in aoy autboritalive form. Nor, indeed, would ic seew that the court below was furnished with iLformation sufficient to enable It 10 define wbat Indians or what t:JUmber of Indians, enti· ·tied to. distribution, are represented by the re· spective attorneys or agents. 

Unable as we are 10 solely ·adjudicate thl1 question as between these classes of claimants, 

we can do no better than acquiesce in the sug· gestion of the court below, that it is one to be dealt with by the authorities of the govern· went when tbey come to distribute the fund. As tbese petitioners .no longer have any tribal organization, and as the statu tea direct a division, of the ·annuities and ot.her sums pay .. 

able, by tbe head, aod as aucb bas been the practice of the ~roverament, perhaps the ne- cessities of the situation demand that the idea· tification of each claimant entitled to share in the distribution shall be left to the oflleera wbo are the agents of the goverumenc to paying ouc the fund. United Slala v. "Old &tfln1," ante, p. 509. TM IW:ru qf lAo .. urlllt/ou il affiNIUIIL 

U8 U.S. 
367 

433, 43~ SUPREME COURT OF THE UNITED STATES. 

court's decision in The Pennsylvania, 19 

Wall. 125, 22 L. ed. 148, a [433] privileged vessel, which, before a collision 

with a burde11ed vessel, ported her helm 

in violation (prima facie, at least) of 

article 21 of the International Regulations, may be held responsible for the 

collision, . • ." 

"Subsequent to the decision of the circuit court of appeals your petitioner instituted proceedings for limitation of 

liability, which, after the denial by this court of the original petition, were prosecuted to a "decree under which payments were made to the respondents by the 

clerk of the district court. As these pay- ments were made under compulsion, they 

would be reco\·erable by your petitioner 

in the event that this court should reverse the decision of the circuit court of appeals." 

In their memorandum opposing the 

second petition for certiorari, counsel 

for the Insurance Association said: 

"The case is settled and closed." And 

after referring to steps taken in the 

limitation proceeding, and quoting from 

the decree therein, dated April 22, 1915, 

they added: "All the claimants have 

been paid the respective proportions of 

the fund ascertained to be due them, 

and have executed receipts of discharge 

in the terms provided by the decree. 

The case is, therefore, finally closed and 

settled as between all the parties, and 

such settlements have been made with- out any reservation of rights on the part 

of the petitioner." 

We were not advised by petition of 

June 15, 1915, or memorandum opposing 

it, that the final decree in the limitation 

proceedings was based upon an e:<press 

compromise agreement; otherwise the 

writ would not have been allowed. At 

the hearing counsel expressed different 

views concerning the ultimate effect of 

that decree and the reasons for its form; 

and they made it quite plain that there was no purpose to mislead us. N evertheless, in the circumstances, we think it was incumbent upon counsel for both 

sides to see that the petition and reply 

thereto disclosed the real situation. The 

oversight has resulted [ 434 J in unfor- tunate delay and needless consumption 

of time. 

During the last term one hundred 

fifty-four petitions for certiorari were presented and acted \\pon. Because of rerent legislation-Act of September 6, 

1916, chap. 448, 39 Stat. at L. 721>-

their number hereafter may greatly in- crease. Such petitions go first to every 

member of the court for examination, 

U4 

and are then separately considered in 

conference. This duty must he prompt. 

ly discharged. We are not aided by 

oral arguments, and necessarily rely in an especial way upon petitions, replies, 

and supporting briefs. Unless these are 

carefully prepared, contain appropriate 

references to the record, and present with 

studied accura"y, bre.:ity, and clearness 

whatever is essential to ready and ade. 

quate understanding of points requiring 

our attention, the rights of interested 

parties may be prejudiced and the court 

will be impeded in its efforts properly to dispose of the causes which constantly 

crowd its docket. 

Dismissed. 

JOHN WILLIA~!S, Chief; Michael \ViJ. 

Iiams, Secretary, et a!., Appts., v. 

CITY OF CHICAGO, Illinois Central Rail· road Company, et nl. 

(See S. C. Reporter's cd. 434-438.) 

Indians - relat-h·e title of Indians and 

go,·ernsnent ~ occupanc~· or fcc. 1. The only po~sible immemorial right 

which the Pottawatomie Nation had in the 

countrv claimed as their own at the time of the concluding of the Grcem·ille Treaty 

of Peace of .\ugm•t 3, 1795 (i Stat. at L. 

51), was that of ocrupancy. [For olhN case,;. s~e Jutliaos, V., to Di:;t-st 

Sup: L't. 1908. ) 

Intlians - tl'ihal lnncls - treaty stipn· 

lations - occupnncy or fee. 

2. Nothing more than a right of con· tinued occupancy could be claimed by the Indians under the Greenville Treatv of 

Peace of August 3, 1 iD5 ( 7 !::tat. at L.' 51), 

by which the l:nited States stipulated with the Pottawutomies and other· Indians that, 

generally, in respect of a large territory 

\ve-stward of a line passing through Ohio, 

"the Indian tribes who hRve a right to those lands are quietly to enjoy them, huntin;!. 

planting, and dwelling thereon so long n.; 

they please, without any molestation from the United States; but when those trihcs, 

or any of them, shall be disposed to sell 

Note.-As to enforceability of rig-hts 

of Indians in court of justice-see not e 

to Missouri P. R. Co. v. Cullers, 13 

L.R.A. 542. 

As to titles derived from Inilian 

sources-see Briggs v. Sample, 10 L.R.A. 

132. 

As to construction and operation of 

treaties-see note to United States v. The Amistad, 10 L. ed. U. S. 826. 

As to rights and status of Indianssee note to Worcester v. Georgia, 8 L. 

ed. U. S. 484. 24:1 u.s. 
368 

1016. WILLIAMS , .. CHICAGO. 

their lands or any l>art of (},em, tlwy arc to be sold only to the Unii~d Statca; aud 

until end1 salt-, tlu· VnitPd ~tat.f'S will protect all the said Indian tribes in the quiet 

enjovment of their lando against all eiti· 

ze;11!." of tl1c Unitl'd ~tatce nu<l against all 

other white persons who intrude upon tl~e 

same." \Yhe11 this right of oc<"upanry was 

absndonrd, alJ lep-al right or interest which 

both tribe aud its mrmhero had in the 

territory came to an end. 

tFS~P~t~r.r t'U~:tf.]· see Jndlnns, v., In D1gest 

[Ko. 128.] 

Argued December 22, 1016. Decided Janu· 

ary 8, 1917. 

A PPEAL from the District Court of 

the United States for the Northern 

District of Illinois to review a decree 

dismissing the hill in a suit by Pottawatomie Indians to establish title to lands reclaimed from Lake :Michigan. 

Affirmed. 

The facts are stated in the opinion. 

Mr. J. G. Grossberg argued the cause, 

and, with Mr. W. W. De Armond, filed a brief for appellants: 

The primary title to the country 

known to Liston as the Northwest Territory, whatever "the nature of that title, 

was in the Indians. 

Northern P. R. Co. v. United States, 

227 U. S. 355, 366, 57 L. ed. 544, 550, 

33 Sup. Ct. Rep. 3G8; Johnson v. l\I'Intosh, 8 Wheat. 54:~, 547, 596, 5 L. ed. 

681, 682, 694; Barker v. Harvey, 181 

U. S. 481, 45 L. ed. 963, 21 Sup. Ct. Rep. 

690; Mitchel v. United States, 9 Pet. 

711, 754, 9 L. ed. 283, 298; United States v. Joseph, 94 U. S. 614, 24 L. ed. 295; 

Fellows v. Blacksmith, 19 How. 366, 15 

L. ed. 684; Worcester v. Georgia, 6 Pet. 

515, 544, 545, 8 L. ed. 483, 495; Indian 

Land Cessions, 535, 553, 554, 640; 1 

American State Papers, Class II, "Indian Affairs," pp. 13, 53. 

This title included lakes and rivers 

and their islands and the submerged 

lands as well as the upland. 

Winters v. United States, 207 U. S. 5~4! 52 L. ed. 340, 28 Sup. Ct. Rep. 207; 

Kn1ght v. United Land Asso. 142 U. S. 

161, 35 L. ed. 974, 12 Sup. Ct. Rep. 258; 

San Francisco v. Le Roy, 138 U. S. 656, 

34 L. ed. 1096, 11 Sup. Ct. Rep. 364; 1 

American State Papers, Class R. pp. 

573, 574. 

The treaty of cession of 1783 whereby 

the country was ceded by Great Britain to the United States conveyed merely 

hbatever claim or t;tle Great Britain 

• ad, and was subject to that of the In- vi L. ed. 

dinns. In other words, the United 

States a~quired no grenl cr title than 

Great Britain had before thnt. . Worcester .-. Georgia, G Pet. 515, 544, 

555, 8 L. ed. 483, 4!.15, 40!1; Johnson ·v. ll1'lntosh, 8 Wheat. 543, 584, 5 L. ed. 

681, 691; United States v. Percheman, 

7 Pet. 51, 8G, 8 L. ed. 604, 617; Mitchel v. United States, 9 Pet. 711, 734, 9 L. 

ed. 283, 291; Strother v. Lucas, 12 Pet. 

410, 435, 9 L. ed. 1137, 1146; Wilson v. Wall, 6 Wall. 83, 18 L. ed. 727; Holden v. Joy, 17 Wall. 211,21 L. ed. 523; Francis v. Francis,. 203 U. S. 233, 239, 51 L. 

ed. 165, 167, 27 Sup. Ct. Rep. 129. 

The so-called Greenville Treaty of 

August 3, 1795, between the United 

States and the twelve Indian Nations or 

Tribes of the Northwest Territory, was, 

for practical purposes, a deed in partition; and each party to the partition 

took an absolute fee-simple title in .the 

part deeded to him. 

'Yorcester v. Georgia, 6 Pet. 515, 553, 

582, 8 L. ed. 483, 498, 508; Rutherford , .. Greene, 2 Wheat. 196, 4 L. ed. 218; 

New York Indians v. United States, 170 

U. S. 1, 16, 20, 42 L. ed. 927, 932, 934, 

18 Sup. Ct. Rep. 531; Libhy v. Clark, 

118 U. S. 250, 30 L. ed. 133, 6 Sup. Ct. 

Rep. 1045; Winters v. United States, 207 

U. S. 564, 576, 52 L. ed. 340, 346, 28 Sup. 

Ct. Rep. 207; Jones \". Meehan, 175 U. 

S. 1, 1Q-12, 44 L. ed. 49, 53, 54, 20 Sup. 

Ct. Rep. 1; Kansas Indians (Blue Jacket v. Johnson County) 5 Wall. 737, 18 L. 

ed.. 667; Choctaw Nation v. United 

States, 119 U. S. 1, 30 L. ed. 306, 7 Sup. 

Ct. Rep. 75; Choate v. Trapp, 224 U. S. 

665, 675, 56 L. ed. 941, 945, 32 Sup. Ct. 

Rep. 565; Northern P .. R. Co. v. United 

States, 227 U. S. 355, 366, 367, 57 L. ed. 

544, 550, 551, 33 Sup. Ct. Rep. 368; 

United States v. Rickert, 188 U. S. 432, 

47 L. ed. 532, 23 Sup. Ct. Rep. 478; lndian Land Cessions, p. 535; Francis v. · Francis, 203 U. S. 233, 239, 51 L. ed. 165, 

167, 27 Sup. Ct. Rep. 129; United States v. Paine Lumber Co. 206 U, S. 467, 473, 

51 L. ed. 1139, 1142, 27 Sup. Ct. Rep. 

697. 

As between the twelve Indian nations 

who were party to the Greenville Treaty 

the land was held in severalty by 'the 

respective· Nations; .and the land in 

question was the property of the United 

Nation of Ottawas, Chippewas, and Pottawatomies; usually, though, referred to 

as the Pottawatomie Tribe or Nation. 

Doe ex dem. Mann v. 'Wilson, 23 How. 

457, 16 L. ed. 584; Phineas Pam-To-Pee 

v. United States, 148 U. S. 691, 37 L. ed. 

613, 13 Sup. Ct. Rep. 742 . Prior to 1871 there was no way -of 

"'16 
369 

SUPRl!:;\lE COURT OF THE UNITED til'ATES. 

extinguishing the title to any Indinn 

land except by conquest or by voluntnry 

cession from the Indians to the go,•ern- ment. 

2 Kappler, Indinn Affairs, p. 42; 

United l:itates v. 43 Gallons of Whisky 

(United Stntes v. Lariviere) 93 U. S. 

188, 23 L. ed. 846; Annual Report of 

Commissioner of Indian Affairs for 

1890, p. 29; New York Indians (Fellows v. Denniston) 5 Wall. 761, 18 L. ed. 708; 

New York v. Dibble, 21 How. 366, 16 

L. ed. 149. 

The nature of the Indian title which 

existed prior to the Greenville Treaty is 

entirely immaterial, for courts cannot 

go behind a treaty. 

Fellows v. Blacksmith, 19 How. 366, 

15 L. ed. 684; United States v. Paine 

Lumber Co. 206 U. S. 467, 51 L. ed. 1139, 27 Sup. Ct. Rep. 697; Worcester 

v. Georgia, 6 Pet. 515, 593, 8 L. ed. 483, 

512. 

A sole exception to the nbsolute right 

to the soil in the Indians, even independently of the Treaty of Greenville, was tbat imposed by irresistible power which 

excluded them from intercourse with 

any other European potentate, and imposed restrictions upon alienation of 

tbeir land accordingly. 

Worcester v. Georgia, 6 Pet. 515, 559, 

8 L. ed. 483, 500. 

There can be no claim of title upon 

tbe theory of abandonment. Affirmative action is required on the part of the 

Indians and nlso a legislative or judicial 

proceeding in tbe nature of an inquest 

of office to constitute an abandonment of 

title. 1\Iere failure "to assert title is not sufficient. . llfitcbel v. United States, 9 Pet. 711, 

742, 749, 9 L. ed. 283, 294, 297 ; New 

York Indians v. United States, 170 U. 

S. 1, 20, 42 L. ed. 927, 934, 18 Sup. Ct. 

Rep. 531; Schulenbe.rg v. Harriman, 21 

Wall. 44, 22 L. ed. 551; Van Wyck v. Knevals, 106 U. S. 360, 27 L. ed. 201, 1 

Sup. Ct. Rep. 336; St. Louis I. III. & 

S. R. Co. v. McGee, 115 U. S. 469, 29 L. ed. 446, 6 Sup. Ct. Rep. 123; Rowlnnd v. Ladiga, 21 Ala. 9; Indian Land Cessions, 

pp. 535, 539. 

At least, cessation of occupancy must he in pursuance of agreement of cession, to constitute abandonment. 

Buttz v. Northern P . R. Co. 119 U. S. 55, 30 L. ed. 330, 7 Sup. Ct. Rep. 100. 

Even treating the Indinn title llS one of permanent occupancy, tbat title "is 

superior to the title of tbe government, 

and limits necessarily its power of disposal. 

Bnrker v. Harvey, 181 U. S. 4811 45 

uo 

L. ed. 963, 21 Sup. Ct. Rep. 690; New 

York Indians v. United States, 170 U. S. 

1, 20, 42 L. ed. 927, 934, 18 Sup. Ct. 

Rep. 531; United States v .. Joseph, 04 

U. S. 614, 24 L. ed. 295. 

Even the right of occupancy can be ex- tinguished only by voluntary cession to 

the government. 

United States v. 43 Gallons of Whisky 

(United States v. Lariviere) 93 U. S. 

188, 23 L. ed. 846; Leavenworth, L. & 

G. R. Co. v. United States, 92 U. S. 733, 

23 L. ed. 634; Buttz v. Northern P. R. 

Co. 119 U. S. 55, 30 L. ed. 330, 7 Sup. Ct. Rep. 100. 

It is not enough that the complainants' ancestors had removed from tbe 

vicinity of the lands in question. Their 

removal without sale does not affect their 

title. 

New York Indians (Fellows v. Denniston) 5 Wall. 761, 18 L. ed. 708; New 

York .v. Dibble, 21 Ho\v. 366, 16 L. ed. 

149; United States v. 43 Gallons of 

Whisky (United States v. Lariviere) 93 

U. S. ISS, 23 L. ed. 846; Choate v. Trapp, 

224 U. S. 665, 678, 56 L. ed. 941, 947, 32 

Sup. Ct. Rep. 565 ; Cherokee Tobacco 

(Boudinot v. Ul)ited States) 11 Wall. U. 

S. 616, 20 L. ed. 227. 

If tbe Pottawatomie Nation be considered to have taken the land in question from the United States under the 

Greenville Treaty, conditioned upon their "hunting and dwelling thereon," their 

ceasing to "hunt and dwell" thereon, if at all applicable to the then submerged 

land, would constitute a condition subsequent, and, as such, it could be set up 

only by tbe grantor, the United States, 

and tbe United States may waive it. Holden v. J oy, 17 Wall. 211, 21 L. ed. 523; Buttz v. Northern P. R. Co. 119 U. 

S. 55, 30 L . ed. 330, 7 Sup. Ct. Rep. 100 ; Beecher v. Wetherby, · 95 U. S. 517, 24 

L. ed. 440 ; Schulenberg v. Harriman, 21 

Wall. 44, 22 L. ed. 551; St. Louis, I. l\I. 

& S. R: Co. v. McGee, 115 U. S. 469, 29 

L. ed. 446, 6 Sup. Ct. Rep. 123. 

Mr. W. S. Horton argued the cause, 

and, with Messrs. Robert Redfield, W. 

D. McKenzie, and Francis O'Shaughnessy, filed a brief for appellees: The United States, like the British 

government ·before it, holds the sovereignty and the ultimate ·title to all 

lands occupied by the Indians within the 

geogrnphical limits of this country; the 

Indian right is that of mere occupancy, 

" 'bich tbe government may extinguish 

either by purchase or conquest. 

.Johnson v. 1\i'Intosh, 8 Wheat. 543, 

573, 586-588, 5 L. ed. 681, 688, 691, 692; !!<Ill u. s. 
370 

1016. WILLIAMS 1'. CHICAGO. (35 

!lfitcbel v. United States, 9 Pet. 711, 

745, 9 L. ed. 283, 295; United States v. 

Cook, 19 Wall. 591, 592, 22 L. ed. 210, 

211; Shively v. Bowlby, 152 U. S. 1, 14, 

38 L. ed. 331, 337, 14 Sup. Ct. Rep. 548; 

Martin v. "' nddcll, 16 Pet. 307, 409, 410, 

10 L. ed. 907, 1012, 1013; United States 

v. Rogers, 4 How. 567, 5il, 11 L. ed. 

ll05, 1106; Cherokee Nation v. Georgia, 

5 Pet. 1, 48, 8 L. ed. 25, 42. 

The court will take notice that whateYer of occupancy the Indian tribes bad 

of the waters or submerged lands of 

Lake llfichignn in question bas long been 

abandoned; that they have not occupied 

eYeD the a d,ioining lands for more than 

"ennty-fiye years. ""hen there is abandonment bv the Indians of occupied territory, their rights tberem cease. 

United States ''· Cook, 19 Wall. 591 , 593, 22 L. ed. 210, 211; Cherokee Nation 

v. Georgia, 5 Pet. 1, 16, 8 L. ed. 25, 30; 

Unit ed States v. Arredondo, 6 Pet. 691, 

746, 8 L. ed. 547, 567. 

The treaties upon which complainants 

relv do not cede the Great Lakes to the 

Indians. The description of the terried. 425, 428, 7 Sup. Ct. Rep. 234, 6 .A.m. 

Crim. Rep. 222. 

The continuous exercise of sovereignty 

and acts of ownership over the waters 

of the Great Lakes, together with the 

recession to the United States of all 

the "Indian lands" conred by the earlier 

treaties, is consistent only with a purpose to free all this territory from 

Indian claims. Any recognition of sovereignty over or ownership of Lake 

Michigan or its submerged lands will be 

ut.t.erly inconsistent with the government's policy, the treaties, and the repeated decisions of this court. 

Lone Wolf v. Hitchcock, 187 U. S. 

553, 5G5, 47 L. ed. 299, 30G, 23 Sup. Ct. 

R~p. 216; Stephens , .. Cherokee Nation, 

174 U. S. 445, 483, 43 L. ed. 1041, 1054, 

19 Sup. Ct. Rep. 722; Choate v. Trapp, 

224 U. S. 665, 671, 5G L. ed. 941, 944, 32 

Sup. Ct. Rep. 565; 11Iis~ouri, K. & T. R. 

Co. v. Roberts, 152 U. S. 114, 116, 38 L. 

ed. 377, 379, 14 Sup. Ct. Rep. 496; Kindred v. Union P. R. Co. !J4 C. C. A. 

112, 168 Fed. 648. 

tory relinquished b~· the United States is 1\Ir. Chester E. Cleveland also argued 

of "Indian lands" "westward and south- the cause, and, with 1\Ir. Samuel Ettelward of the Great Lakes and the waters son, filed a brief for appellees: 

uniting them." The fact that for practically a century 

Shi, el~· v. Bowlby, 152 U. S. 1, 13. 38 the United States, and, under it, the 

L. ed. 331. 33G, 14 Sup. Ct. Rep. 548: state of Illinois and its municipalities 

llfartin v. Waddell, 16 Pet. 367, 411, 10 a10d primte owners, haYe been openly 

L. ed. 997, 1013. and notoriously asserting sovereignty 

The complainants rely upon the Treaty and ownership, and acting with respect 

of August 3, 1795, but an examination to these lands in a manner utterly inconof it discloses no intention on the part sistent with the construction now sought 

of the United States to relinquish to the t.o be put upon ancient documents and 

Indian tribes anv other title than th3t treaties, coupled with the further fact 

of oceupane~·, and none whatever in the that the entire world, including these 

waters of Lake Michigan or its sub- appellant Indians and their ancestors, 

merged lands. The relinquishment was has acquiesced during all this long time 

of "Indian lands," which were described in such assertions and actions, is the 

as "westward and southward of the very best evidence that such ancient 

Great Lakes;" and all of those lands documents and treaties are not susceptiwere subsequently re-ceded to the United ble of the construction now sought to be 

States bv treaties of which the court will put upon them. 

take judicial notice. 13 Cyc. 608, 609. 

Worcester v. Georgia, 6 Pet. ·515, 8 

L. ed. 483~ United States v. The Peggy, Mr. Justice McReynolds delivered 1be 

1 Cranch, 103, 2 L. ed. 49; Talbot v. See- opinion of the court: 

man, 1 Cranch, 37, 40, 2 L. ed. 26, 27; The claim set up in this cause is -witbUnited States v. Reynes, 9 How. 127, out merit, and the amended bill was 

147, 13 L. ed. 74, 82; Myers v. Mathis, properly dismis~ed, upon motion, ·for 

2 Ind. Terr. 3, 46 S. W. 178; Kreuger want of equity. 

v. Schultz, 6 N. D. 310, 70 N. W. 269; Complainants are ~ight. Pottawatomie 

United States ''· BeeLe, 2 Dak. 292, 11 Indians, members of the Pokagon Band, 

N. ""· 505; Gay Y. Thomas, 5 Okla. 1, and residents of Michigan. They under46 Pac. 578; United States v. Martin, take to sue "on behalf of themselves .and 

8 Sawy. 473, 14 Fed. 817; United States of nil members of the Pokagon Band 

v. Rauscher, 119 U. S, 407, 418, 30 L. of Pottawatomie Indians, and of all oth- Gl .• ,. f'd. 27 412 
371 

435-438 SUPREME COURT OF TliE UNITED STATES. OCT. T&IUC, 

er members of the Pottawatomie Nation purchase the reclaimed [ 437] lands and 

of Indians, if any are entitled to join consequently complainants are at liberty 

herein with them, and of all others, if any, to occupy, sell, lease, or dispose of the 

who are entitled to join herein with them." same as their own in fee simple. 

Defendants are the city of Chicago and The bill prays that defendants be en- certain corporations now occupying valu- joined from occupying or building upon 

able lands within the geographical limits the specified land, or from asserting any 

of Illin,ois, which have been reclaimed claim, title, or interest therein; that they 

from Lake Michigan. be required to pay a reasonable compenThe bill proceeds upon this theory: sation for its use; and that the complainThat from time immemorial, on Au- ants' title thereto be quieted, established, 

gust 3, 1795, and [ 436] thereafter, the and confirmed. 

Pottawatomie Indians were the owners The only possible immemorial right 

and in possession as a sovereign nation, which the Pottawatomie Nation had in 

as their country, of large tracts of land the country claimed as their own in 1795 

around and along the shores of Lake was that of occupancy. Johnson v. 

Michigan, south of a line running from M'Intosb, 8 Wheat. 543, 5 L. ed. 681. 

Milwaukee river, Wisconsin, to Grand If, in any view, it ever held possession of 

river, . .Michigan, and extending "east and the property here in question, we know 

west of said two points and including all historically that this was abandoned long 

of Lake Michigan which is south of said ago, and that for more tban a half cenline,''-a stretch of a hundred miles. tury it has not e\·en pretended to occupy 

That by the Treaty of Peace entered either the shores or waters of Lake 

into at Green-rille, Ohio, August 3, 1795, Michigan within the confines of Illinois. 

the United States relinquished to the Pot- By the Treaty of Greenville the United 

tawatomie and other tribes their claims States stipulated with the. Pottawatomies 

to Indian lands westward of a designated and other Indians that g~nerally, in re- line passing through the state of Ohio, · spect of a large territory · westward of a 

and lying "northward of the River Ohio, line passing through Ohio, "the Indian 

eastward of the Mississippi, and west- tribes who have a right to those lands are 

ward and southward of the Great Lakes quietly to enjoy them, hunting, planting 

and the waters uniting them, according to and dwelling thereon so long as they 

the boundary line agreed on by the Unit- please, without any molestation from the 

ed States and the King of Great Britain United States; but when those tribes, or 

in the Treaty of Peace made between any of them, shall be disposed to sell their 

them in the year of 1783 [8 Stat. at L. lands, or any part of them, they are to be 

80)." [7 Stat. at L. 51.] sold only to the United States; and until 

That by later treaties the Pottawatomie such sale, the United States will protect 

Nation receded to the United States all all the said Indian tribes in the quiet en· such lands up to the shores of Lake :Michi- joyment of their lands against all citizens 

gan, but those within the geographical of the United States, and against all other limits of Illinois which were formerly be- white persons who intrude upon the 

neath the waters of Lake Michigan, same.'' We think it entirely clear that 

"whether reclaimed, artificially made, or this treaty did not convey a fee-simple 

now or formerly submerged . . . title to the Indians; that under it no ha,•e remained and still are the property tribe could claim more than the right of 

of these complainants and any continued occupancy ; and that when this 

attempts on the part of any persons, was abandoned, all legal right or interest 

firms, and corporations to appropriate which both tribe and its members bad in 

same, or any part thereof, were and are the [ 438) territory came to an end. in violation of said treaties and the rights Johnson v. M'lntosh, 8 Wheat. 543, 584, 

of these complainants.'' · 586, 588, 5 L. ed. 681, 691, 692; Mitchel v. 

That in 1833, with the exception of the United States, 9 Pet. 711, 745, 9 L. cd. 

Pokagon Band, in pursuance of a treaty 283, 295; United States v. Cook, 19 Wall. 

with the United States, the Pottnwatomie 591, 592, 22 L. ed. 210, 211; Beecher v. 

Nation migrated west of the Mississippi Wetherby, 95 U. S. 517, 525, 24 L. ed. 

river, leaving that hand in possession, 440, 441. 

occupation, control, and sovereignty of so It is ;unnecessary to consider other reamuch of the Nation's original country as sons suggested by counsel in support of 

remained unceded. the decree below. 

That the United States has refused to Affirmed. 418 241 u.s. 
372 

12.. ·~IN ttl"Pt.'f .to THE rOU.OWINCI: 

coor. 

69239-34 UNITED STATES 

DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 

WASHINGTON 

Mr. lliehael 11UU ... a, 

618 •· Wadiaon St., 

Soutblleod, ID418Da. 

~ar M.r. W1lliama1 

ADDAts:> C'INL Y lll£ 

C:OMMr.tSJONO\ OF mDJAN ArrAIR$ 

i_: '- -·1 U.i4 

'l'h1e-1Ffi-1:..Mi!ai.tw~·: .,..;,npt-of ·a let\er al,;ned b;r TIN and 11ther 

Indiana &Dd &ddreaaed to the Secret&rJ of the Interior wherein TOU aok 

how :rou can obtain the banefita of recent l•ci•lation. Ko doubt, :rou 

ha .. e rehre11ca to the ID4iu ReorpniaaUo11 .lot, a COPT o! which 1• 

enclosed for :rour information. 

Attention ia inrltad to Section 19 de!iDiDC an Indian for the 

purpooee of aald act. It will he nac••••r:r for ua to know whether :rou 

fall wl thin ~ of the th,...e cl& .. tricatlone 11111da aDd, 1! ao, .which 

ooe. If ;roa and the o\hero are -bare of aoy tribe, pleaoe indicate 

the name of aaae. 'lhia ln!ol"'IIBtion abC'\114 be furniab<>d ae to each 

1ndiridunl lioted aD4 ~ other• in ;rour r.o~.n1t:r. 

J!neloaure 436393. 
mt.ko . 

373 

·.e-~:·:~ l.Jr,~jh' t},e .' :enti.re r~:-~entage . ~f the membeuhip 1 s 

ciuii#&eil:r'O! peqp)<3\of. eitl;er hulf, or me>re, to f\.111 t.~lood·e -~ :~:· .- .:~.'t: ·. · .; · · · :· .. , :·: · ;· 

- '<f~~: ~i~ ;~~ ;;ciunto of P~~<iwt\tomie · :.nd sho.uld ·.now 

be ··"' parti~d.pa.Ul'lg fru.cti :>nal p•>rt .of the origin"' 1 

l<..:tion l<ti}.llli(n!iii," :d : i<nnul.t..iea and .lr.nd granta .Only 

that·,..'!l)a)fi6 'lll!i.iin' •"baried' '&ncf; denied by ,the United st attSa•'.o&t'ilrrimll'.ilt ''.on ·-groi4nda:·,Pure ly·. t.ei:hilioal .and· 

eUJO.;;r:fi~j.i;Ll/ ./;' f: : •: ·'. .. . ·: .. • · ·· ·• <. ': _ ' .· · . · · 

:., ,:;lf~ ~r;t,icon ·.·of, !'I,U';o> li>O! ""l~~!' t;r~. ~"1 cien~ tf·~.t,e rt-iee : . . tif J. Ht!t;A!l; ]lerden, Caos ~<hd V&.n 

Euren, of th~ st. llt e .Cf l.:ichi glin, and . St. Joseph 

Count.s;,·:.;ci lnd1ii<nii. "~<bile some of our member a. 1 n 

pur sui t ,.' •. ~r :·: dijie ;iih~od, <.re eo«tter~ d <>b"ot :ti~re und , , there in vtt.r,i ous :· f,th~r at~t.tes~ .·.. . .. , ' · ·, 

: .. :·• C~;r t~r~f.athei-$ .rere t<ccorded the "o!;xtrt\orcilnary• 

J>riVilege.;·:tc,' ,r!Habin.Jn thie part'; o:, the m.l dwest l'y enec,i.,l trj!a~y ·, :at Crd'cago, SepteuilJ;,r 2?, l€33; '·nd 

1n ,.a,Jdit1 en :t,heri..,ith : t.11ey ·~ere il.mply &a•ured there . "ouid .. be. ·no ·fot1',e1t.ure ' of. tl)81I . til tal rights '-'Dei 

· duea, ··{tre b::.ve n~ver of •our o11n -vcl1ti'on ~-cdno­

~A.i-t;J~ liU~ll y!-ib~;~.l righta .:ct,n:l duea, . t;!or h"ve ,.., 0 forgott.eo ~.he :, 1!romi&ee JIIt\lie Ull,) · , .. 

. !' / .... :i :~, .) h,~~~~ coi!IJ>let.e roll ' .. . 0 . ·· · ··.:' ·; ~•e dlt'1..110.t .. i '11\j •. 11JOJUUJU~UJID.: · .. ;of mellltof!r&i•ip 

·: ~l.~e ,it '1!o U:\6::' ~~··~•.Ub/fl1tt~d .11erewith; · · 
374 

•. . .... --> 1~-;.;,· -_ .. ~- "'~#":, .. . : . -_ ..;......j .. ~ .. .:..- ..... ...-. .... ~ .• -• . ~ -----;••'""-·' . ,. • " 

' · Ye •i lLot..).ao lrt..,_~ e ."that tc our . diel:lluaioruuont.. (..;nd . Lia .. ppcint.IQOntl <> .:fl1rth.i;r,_;, at.uciy or ·ihe Aet _:pll•.inly reveaJ.e that 

..-e hay<; All-_-u.lon.-; be.en deo~iTed <>nd milileo iJy l..c: flutterins te 111, _

1 <·f tl,., ',~Ublfc · p:re_as. JJe"<! .. sc•urcea ca.rcying ann'Cunc-em'!nta of ·thto 

b:il<>n .1\c org"-!lU«tienAe~ ·:had evi -lently ;.•na generouely 11bernlhed the_ 1!'1\eral&<i .ll.~lite ,ar.a : dellign" 0! t.h1a le~>ialaticr.. It .,;..,, ·~) t;,1., ou;:;c~:r.t.glng·.-_\ orlC, ·,atl!l '. this tcn~ alone, .which engendered '11' 

~~~f.L t~j,"·f ~~: ~~~ ;ri~. ~~Ite)overoroent . mign~-~t lust aeul ' ~ .;l . · : 1'he· ·put)li_c._p..-t..f ; nt' :tl:e out1015t g<>ve_,_us -to .:underatt.nd i q 

tl:"t '"" P": of~1.be ~~~&tUI(1,.ide i1.enere.l n\iet;-pro£.Nrn then bet:nl! :~•-l 

p=uJ.g"';..a<~,!'oii ~~i!~~·~n,~ t.rve. ~rw~ll...P ~""i.nc1ycte.;J .. a movement· -- t c. · rena.bili.'t !f!t.~ .1_ !l._ .• _nd .. ~al! ':'"nd''i,.~oblt!ae 'l'nii1~ue :'1·;;t.n.et'l!.ll.y, ' t.hat 1~-..t wt.e c~,;r ·_ de~tll"r1pt1 1ln• .: , 1ro>' ~:t h~:tef ere, re<~.ueeted _: :our .·ccngreeei on&l ---r~ · represe.n;-a.Uvh! ciht:c:pi~_f$-i;.iit: ,~t.be_ proposoed -.ot '(>.r,'d the:r.k1ndly · :~; < 

ccD;Plieli~it~ •l:'f~~· >gf·!~. 2'75~, in :fo:tm· ~h~n available. Ye eu'lt' •J~, '"t cnce .. that ~ru:» ~ll_: •r.. lhen · c _cnetrulrtted •Ooulli not:·oenefi t pur ; ~ ·: 

intereata. ,:but: mi gt!t ,p~U~ oul«r.ly ntiU.tute ap;aihat pccr~e of •-.~~:; 

c u1· poe11.1<!n< :· T~ a.- .1t.7' ""-e aiec:ril:linutlVe ;olepehtl.cn, e.>.- ~ c lusi ve _to 'the exttr:n\. _,<cf,~'l>t rict in& . 1 ts .. benef:1 oial pro"11B1 on a • ' 

·• ~ "I ndl .,,r.e ''11 v 1-tlg "U_nde_r ~'ederal tut e l»ge -ilnd ' Q ont rcl,• .. :he ·:·1' 

•ithcut q"'e.st.fcn ·:,.ho_u.ld :_" ,htivo. _fliNd L·et.Lel· ·- tl:,eae lu.et five }'e"-ra'· .;if: 

than tlloee en. ~be -:)'! oiJ~ide ;• t.he unc.tt>.cheo , the olher..-1a~ ::-.. :1' hcrwle,;~; "'nd ·unem:pteyeo lr:6.illnll~ t"ho •ht1ii .been.· c,.at "-ul·ift. ! cr :;, r· r:c reabcr. ~h>-r. ·thu.t. they ·len[ ubc "ere ~tri>ped l"ndleee. · i.- ,, lb•r..e.i t.cci ditlpca~e.see,d tf •.crth.-i'.i le ·;acrerties. :P.~Y. then · - r:eed tfie Ct.i.er rc.icee , Dr ;; th~ GoV(lr...m::·nt. t.en;porize ~1th then: · ,,;:. furtl:er. · · . ,_ ';!.f 

Au ' .. ~ng :· t.h&t,. ~heee t.iu~sg reet:ric'..icne .. -ere inudvertar1t. 

l..rou unintenticnc:.l tre h"V, :_llll!.cie :rel.itiQn. lt Ct!rt'-'inl~· TCUld ''· 

be uni.,1:r t.:o preclu4e ariy\ Iriei1'-"ns. euch us those · o! our p\1£)lt 1. t..nu s!:.u<.::.iol\, ·r:i'UAI ' 'oeneflt.int;, lr.Ciians oealirving Lt.nd leg1til!ll1t •• 

1:c entitled, B~d there'&.te leg~ons cf tr.el!t, e·,•en thr-u.o;."l they _lrA) 

;,o.ve r.c 1<-nderi re~JeJ;'I't>..t+ p;ne. :· J'e e_llr;1e,;t ly hOJ:C and p·'":• nL·r '-'>· 

r11r.atl.cr; ma.y :receive ·:ratcr ... l:;li;, " ccnoJ!deratio"n. ' l ., 

In cloaint; m.c...y v.e reacir.d . ,).: cu thc..t. cu1· Fetit-lon to ti ~ 

l'::::E' c!cer,L refrnred' to you'; <>nd .. c«nc•·leagea by yct:r Office 

J\..ine !J, 61 Ccor. 235SS-~.( ,-~ . 1., a.lonQ the:;c ~cime lines"!' 

-Adore , " Cc1·reapon:ience . • : to to~1ow:1 l · 

Y!chbel ~1111~e. Sec'y 

618 E. Uuaieon St.., : · . "· 

Ecuth .btina, Ind • . · ;· ·· 

---.. ....,-.---------

Comn:i ttee r 

ii• _· ~ 
/ 

375 

1 ~. i .... ) . ::' 

·,, ·. .• """' . : . ·- ~ 

OCT l 11939 

October ll, 1?.39 

l.IEMORA!fDUU !!1!!. T"rlE Cat~HSSIONER: 

. Subject: Lowor I.Iichjgan Report 

l.lr. Hol.st and Ur. Phinney- heve done a good job. The 

facts they marsb£lled are co~plete and strongly support 

their recommendations. On the whole, I agree with their 

recoll!llleode.tions. Unless we have the .funds e.od personnel 

to do a real job in Lower ;,lichigan, we should stay out of 

thet territory. Yle all know t.he.t neither the personnel 

nor the funds are avai1e.b1e. Hence, it woUJ.d be a crime 

to disturb the present excellent relations between the 

st.ate~counties and the Indie.os. I doubt whether it is 

possible to obtain from Congress special legislation and 

special. appropriations ror the benefit of the Lower llichige.n 

Indie.os; even if it were possible ·to obtain such aid, I 

doubt the wisdom of establishing such a precedent. 

Ir t.be Arts and Crafts B~ can spare a worker to oreanize Indian crafts in Lower !Aichigao, as suggested b;r 

Ur. Phinney, tbe job would be r.1dt:l ft!trtlli 

llal.ter V. \foeblke. 
376 

15 . . ·- ·-·-

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 

.FIELD SERVICE 

004 

076 

Tomah lndinn A~ency 

Toi:I.fili, i1isconsin 

December 1, 1SS9 

Co.mmissione r of Indiao hrfairs 

~ashin~ton, D. c. 

Attention: Fred H. Daiker 

Sir:-

This is in reference to Offiee letter dated Oct. 

3, 1939, sub~tting a report of the $urvey of Indian 

t;roups of the LoiVer Peninsula of :.!ichiga.n made by Surervisor, Jchn H. Holt&. 

The gener~l trend of this report in~icates that 

the econo~c status of these ~eo~le is above the avera~e that could be expected ac~nb-lor. income groups 

throughout the country. This idea is evidentl7 b~ed 

upon Tlhat l"o"RS found Ulong the nee..r-1::zh.rte living in 

towns, cities, and villages. It TtOuld see1:1 the.t :tote 

~efinite infor.=ntion could ha7e been furnished had ~ · 

distinct line of de~cation been ~de between the ~ar­

~~ite nnd those moro definitely Indian. Perhnps my atte~tion has been attracted only to the less rortcnate. 

Hovrever, it may be recalled that suc!l in.!ividuals as 

Levi ~cClellan of Petoskey, Enos Pe~o of Hart, George 

... \ntoine of' Omena, John Willi8J:il.S of Dawugie.c, and lass 

A:nelia Schaub, Prosecuting Attor:1ey !or Leelanau County 

have written :1any letters to the Office and to CCll.gressional representatives requesting ..m&::e:::l:;i.ngs and wantin~; 

tc knc,:; -:iny these peop1e , .. "ere not r.eco~zed. Such requests have 11ecessitated a .,.isit to =:r homes .e.nd -the 

holding of a nucber of meetin:;s and rrJ il:!pression .has 

been that those more nearly Incii.an are for the most 

part a destitute people. This thou:;ht is ex;>ressed .ill.· 

that portion or the report which reads as follows: 

nAs the white ~ pressed UpOn him and took 

from him the lion• s ahare of his natural resources, the Indian was 1"oroed to a wage econ01Jr;f for which he was -..holly unprepared either 

---

cr. . .r.. 

·.\ 

•. I 

r 
377 

-2-

by er.perience or aptitude, and throu;h •nich 

he is findin; it exceedinbly difficult to rise to any s&tisf~ctory stnnd~d of livins. 

Ee is noov followins n.s he cc.n, ~he TIS.YS or 

his o.ncestors into the n~t eccnol:IY• The I!lOre 

limited areas of wild berries and fruits still 

e~ll h~ for brief seasons as he ~kes the 

transit to the ber~ and fruit orcharQs or 

his white neighbors who pa.y h~ by the unit 

quantity. 1There he hunted the deor and other 

g=e for his m ..... t supply, he no~t finds occasional calls to ·bUide the forei~ hunter 

for pay. He finds seaso~al e~~lo~ent r.here 

he can. and sameti=es tu~ns his ancient craftsmc.nship to t!1e lll£Jcin~ of i:Li t3.tions for a 

lit~le tcurist coin. Eut gradually he is 

learninr; to adjust hi::lsel!' to new occupations 

and is entering vario~s fields in eompctiticn 

l'li th other sl:illed labor, cr tr.!:.ing his place 

in the ~rc~essions.n 

The lo.st sentence of this st~te~ent, I should say, is 

:core noo.rly t~.?plicnble to t:te nee.r--.-;-hi te. 

I fully nGree tho.t no f.urt:-.er e:tension of erga.ni-

:ation under the Indi~ Recrg~i:ation Act should be 

made in Lcr4·er :iich.ignn :md t.lot!.t no llction tenQ!l;: to 

des i;~te these ?ecple C$ a se?a=&~e ~oup should be 

take~. n~7ever, it is believe~ ~~nt there . is a defi~te 

need of rehabilitation ~on~ sc=e ef ~ese groups. r~e 

hou:::i:t;; !'acilities of !!l:lllY e.re deplorable e.nd. it "t"m.S 

hoped that t.'lreugh. this sur7ey sc~ 'lan vrould be develo~ed t~rou:h Stste end ~ederel coo~ere.tion ~o ~­

'rcve ~~e livi~: cc~ditiens or~: of these ~eople. 

It is believed that wlt~ s~ essistance from the Fed~ 

eral Gcver.DQent, the s~~e could be interested in undert~; a re-housi~g pro~r~ ro~ ~~ose in the r~al 

aree.s. If' sowe o.ssisto.nce -.rere ex~ended throuf;h the 

State ~~thcut the Federal Govornoent bein~ roCo~~zed 

a.s t:U:in~ part, it would relieve e.n acute need and 

t.~ereby lessen ~he plea for recogni~ic~ as Indians. 

The state~~t of ~. Levi ~cClellnn that no assist- ~e is ~aeded is ill direct cc:tr~st ~th his activities for the past 4 or 5 years and ~is present contentment can only be at~ricutod to the fact that he hns been 

:e;::;tploye:i as a tcre.oan on c. -m>A project fer so::ae time 

~d is perhaps racoivinc n better income than he has 

·beon ~ble to earn at =Y time in t.'te po..st. As a lllllttor 

Of fact, his l&St requ<>st f'or Q :COCtin:; \7:l.S in July Of' 

this year. As soon as emer~ency relief projects are 

disccntinued, we :cay well expect to ho~r from such in-
378 

-sdiTidu~ls as ~r. UcClellan. 

This issue will be kept nlive ~or-~ny years in 

view of the fact that %&lost cf the groups in the upper 

pe::Li.nsula have been recot;nized and vte are like-rrise contributing to the Chippe-:.·r:1s of Lcnoer :.:ichigan. In other 

\70rds, the Ot~nx:as and ?otc.Y:atoc.ies are t!le only tribes 

in !.lichigo.n l\"hic:t have be·en de!lied n.ssistance under t..lte 

Indian Reorcanization ~t. Tnere are scme 35 Ottawa 

and PotawatCiilie children receiving Eca.-diag liome Care 

and Public School Assistance at this ti~e and so far as 

I kn~r none hnve been Ce~ied enrollnent in Gover~nt 

boarding schools on the basis of belongin~ to these 

tribes. The fact that v:e e.re rehabili ta:tinG all other 

groups in the stnte and are zr~~tinc certain benefits 

to these two tribes keens alive n rnv of houe and a 

realization: that there is e.n I:J.diD.!l Service: 

/ I azree tha.t i..!ai::ledia~e stOf.>S shculd. be tc.ken to 

reoeal the Indian Licuor Law. 7"nis statute is not be- ing e:lforced, thouc.h -it is cc::::::wn k:ncr.-lled!;e that such 

law exis-ts and that it is bein.; Tiole.ted when an Indian 

is sold intoxicating liquors. 

T'.ae State is exercisins; and t.he Indian is accept-

/int;. State jurisdiction. iicn::ever, it is believed lebis-

" lation should be enacted granting State jurisdic~ion on 

Govcrn:.:lont-0\·r.J.od o.nd restricted InU.ie..::~. lands. There is 

every reason to believe that State jursidiction will 

eventu~lly be questioned in those ~reas where we hold 

restricted lands and have purchased DL~ land. 

If it should be deciided that no assistance is to be·· 

given the Ottawas and Pota\·outo:lies cf Lorrer I.:.ichigan 

then it wculd seem the.t a defi!l.ite state~ent of policy 

to that e££ect should be ~de. 

PF:ft Superintc::J.dent 
1D4-0rg. 

(.TB:Ii) 

DKaJI 

379 

IDli~::'JJ .2'l'A~~S 

DJ:PAnTJ.Q;T Oll' Tim INT::O"RIO.!i 

Of1."1oe or lndiRn .A.i'~airG 

l'aahington 

Tor Superintendent ll. 0. Cavill 

lluperintandent Pen hrver 

Supervise~ irank Ch:iaty 

School Social Worker, Olive Gwinn 

l'iold A,gent Archie Phi:anq 

!2£ !:!:!!, ~ Ree;ion. 

J.t a con:i'erenca held Je:ri.1lll:r7 24, 1939, participated in by 

th= !cllowingl Mr. ~eatty, Hr. Wheat, ~. UoNickle, Hr. C~tchfield, 

Yr. Daiker, Superintendent J'arver, Superintendent Cavill, lb-. 

KcOaald.ll, J.lr. Boa Cloud and Hr. Jenn1%l4l'o, the queation of the 

relationnhip a! tho Indian Service to the Indiana of Lower Michigan 

was :tully discussed in. the liGht or provioua corroapondc:toe bettreen 

of!ioials of tho Indian Service and aembars of Ccngresn RLd Indiano 

of Lower Kichigan. It waa developed in the discuuion. thl!.t on. 

aeveral ooaaaions Indians, citizens, and members o! Congress have 

been promhed. that the IndiBll Service would malta a at~ c! tha 

Tarious groups of Indiana in Lo:oer liichigan. who have petitioned 

or requested the Indian Office for benefit~ to which thny ~ght 

be entitled under the Indian Reorganisation .Act. 

It waa egread by the - conference that a etud;r should be made 

of thoso groupe 11h1ch have boo:t the aubject or ouch ccrrespondenco. 

It was tantativoly agreed that Hr. Holst should msk& a study of 

theee groups o! Indian• rlth aaaia~anoe from .ILr. Ph1nna7 ~ lU.n 

Gwir"l, and some aadatiJ.IICe from S1Iperintellil.enta J'IU"TTIr .-d. Cavill, 

State Superintendent of Schoola, .l(r, Chrlst;r, and ce:-tain maben 

o! the Extension at&!! located in the Groat Lakes area. 

fbe. etud;ir was begun about tha lllid.dlo of July Nld was -ccmplehd 

about the 1111ddle of September. i'ha report YIUI lll11118ogre.phed end 

diatributad to Division Head.a S.n the Indian Ot!.!.oe and to .a4m1:aitttrat1 va o!!ioora 1Zl the J'1alde atfeoted. Its a=llball1ng of ~acta 

wae recognized a• quite complete and a• atrcngl;r tJ1IppOrtint: .ito 

reoollllllolldat1ons. It aet with £Gilllral approTIIJ.. 

The f'ollowing oonolusiona and reoollllllan.dat1ono from tha ~eport 

have the epprcval of tha Indian Of!S.cez 
380 

1. !l'hAt ti•'-' ~J"eeent underatand1Dg and arrangement• between 

the Federal Goverm:ont :and the .nato ot W.ohigan, relnt1~~g to the 

~nercl wel1"nre aDd eo:.:.<:ati on o! Ind111:1 ahildren be aont1%1U11d 1 

emept that the aponaerahip of the J'ederal Govf'lnUilflnt aey 'bo d1aiaiahud graduall7 ae the atato a£ODC1e• extend their reaponelbilitleJ tor the ·coaa::on welfare at all oi ~!sono. 

'' 2. That there be no !urthor enen:~ion of Or?.nni:ation UDder 

tho Ind1l'.n ReorCftni Sllti on Aot in Lowor 141chii!Silo ' 

3· That the Indian Ottioo shall not &tte:llpt to set up RllT 

a~t1oaal or ~plementar.7 ~uoatioaal or valtaro ~onoioo for 

the Indiana ot .l.crwol' llich1p.n that 1n MfJ' vey tend to r~oognise 

Ind1an• as a eeparate grOu;l ot o1 Usena. 

(4 ha 13) 

5 ha 23 

(Siped) John Collier v· Co~:~~~haioner. 
381 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 

it 17 I 

CJoeat Lekee Coneolidat.od A&C>CJ' 

.Uhland, lli.,.onain 

l:r. 1!1 chael B. TIUliams, ChairNn 

Pol;acon Band or Pouwatolli or lncliaM 

and Jdchi£an 618! Jlort.h l!icbi,ean St.J'eet 

South Band l., ~ian& 

A~ue~ l.O, 1951 

tie ara now in receipt or letter of Au.cuet. 3 tr= the Indian 

O!!ice .in llallhiDiton, .D • ..c •. .4Jt..:re1'17 tD onr latter :recardinc ;your llituation with respect to tha empl.OJ'IIII!nt or an attorna;r. Tla are ancloeinc & COPJ' of the latter from the Waehincton Oltl.ca for J'ClUr ·in- - formation. 

You will note th&t the _Inclian 01'11ce raele that ... have 'ciTan 

all the ·~vice that -C&n ba chen, pro'l'ided "" han informad 7011 or t.h. 

time l.iDJ.t ation on IDins claims, 'IIIIich of cou:rile .,, han. lia tine 

been informed that the propoeed 'la&ielation to extend the time £or ..tili"'_ claims is pendin& before the s.,nate Interior .and Insular .Affaire _ _ 

Committee, 'IIIIo have retarraci it to t.ba Justice Dopa:ri>Dmt for a rapcrt, 

You will note, also, that tha Indian Office .,ueat.e that we 

emphaahe the necaesity for .tlie Pokecon Band to cnplo;y en attorney lor 

an;r claim it ma:r have, as it .Oul.d not be practicable lor tha llorld to 

atteo:p~ to, handle the claim 'ld. thout an atto:rnq, -

It ie our baUer that probabl;r the attorne;y or attomqe in 

the beet position to repr .. ent the l'okecon Bend ...auld be tho .. 'llho beTa 

repraeanted J'OUI' Band 1n the ncoa81rul proeacu~ion or tribal cl&Ua in 

the put if thq are etill 11vir>&; thoea at torne;ye 'llho repreeen t «her 

J'otawatCIId tr;rOIIJ'e; thoee who will prosecute claias 11nde:r treatiee -.. ntered 

into 'ld.th the United Jfation or Chipp...,., Otta.:a, and PotawatDIIi; and t.hoaa 

attornqe who han a r;eneral kncmled&a or Indian· l.awe aDd traatiaa, 

tie truat that ;rou will ba able to line! en attom.y you teel .:b 

quill.fiad to :rapreaent the Poltqon Band in the proeacution or tribal 

claim• if JOU ban not alraadJ clone-eo, Tie ahall ba plaaeed to l>a jn- -

:::

0

:1 &D7 •cieion ',ou Nam~ra&·ci.!•il;- « - .,._ 

xr • .JobD Yiinc .. et.ar !t._JUA 

J:r, c. 01 • . JI.in&q arin..-ant. 

AHa O!Aca, llimatpalie 

84-978-95 - '13 
382 

Great Lcl<es Conbolidatcd A&ency 

Ashland, \iisconsin 

l'r. V.ichael B. O':illiams, Chairn:at 

Pok~~o~ Band or Potawatoci of Indiana 

·, r..'1d ichi:~an 

6le~ North qcHzen Stro11t 

south Dend 1, Indiana 

DC:ll'. l.;r, 'l'iillia:ns: 

17. 

Jul7 31, 19.51 

r;c arc v:ondorin:: it the Poka!:on ::roup has selected r.n r.ttorney or attorneys to prosecute the trib~ claics, li e should bo pleased to 

have you ndvise us on this poL'1t snd are cnclosin,?. 1 tor this purpose, 

a franked, self-addros,scd envelope, 'Gh1ch does not rcqu1ro any pont~e. 

As you perhaps have heard, a bill has boon introduced in the Con~eso tor a one-yenr .extension of~he present five-yoar ~~tation 

fr= .r.u:;uat 131 1946, for tiline Indian cliW:s. ' 

i1e havo T.Tittcn to•t~e ccntrtJ. crr.ico in ashin~tDn, D. c., 

about the situation or the Poka,:on eroup wit.b record to ~e:al repre- . 

aentation, but to date wo have not received &n7 roply, 

va 

J. c. Cavill .SUperintendent 

~closure I 

Cop:y to: l!r. John \'linchaoter 

causopolia. 111cb1,:an 
383 

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 

Great LaJcae Coneolidated A&.,c)' 

Alhland, WiiiCOD8iD 

The 'l',.ibal CoUncil o! 

Pokagon Baod o! Potawatollli 

South Bead, Indiana 

cenu-: 

-#:JB. 

This lett.er ie written to Worm :rou that J1t1 connectica 

with the Indian Service will terminate on October 5, 1951. '1hle decision to lea.Ye the Indian Service is made becauee the Indian O!ftoe 

ia placing_ the actninhtrati-,e direction o! thie AgeDCT cliractl7 iD 

the Kinneapolie Area O!!ice. 

I ha-,e 11'1j07ed workiDg with ;,ou arid I - Yelr)' vate!ul. ~~ 

the cooperation I baft alwa;re recehed !J'Clm ;rou. Frr the paet thirtTen41l 7eare 1117 lite baa cantered aJ'oua! the Indian people tnd ;rou ~ 

be UII\IJ'ed o! 1117 coatinued intveet in :VOID' pl'oble1111. I! at 1117 ti• 

I can be of asaiatance to. ·'lOU and :rour people; I hope 70U will call 

upon •· For the preaent at l.eaat 1 I plan to cont11111e to make J1t1 

bo~e at 1019 Ellie Avanue bare in Aehland, and both lire. C&'dlloand I 

will alwa)'ll be &lad to J:aye our .Indian !riende Yiait ue. 

SincareJ.7 ;:rou.ra, 
32 Ind. Cl, Comm, 400 

DEFORE THE INDIAN et.AIKS COMKlSSION 

CITIZEN !lAND OF POTo\RATO.U ltiDIANS ) 

. OF OKLA!lOI'.A, et al., ) Docket No, 216 

) 

THE PRAIRIE BAND OF THE POTA~ATOIII ) 

TRIBE OF INDIANS, et a1., ) Docket No. 15-L 

) 

HANNAHVlLLE INDIAN COHMUNlTY, et al, , ) Docket No, 29-1 

) 

JA!IES STRONG, et al. , AS Till: ) 

REPRESENTATIVE AND Ofl BEIIALF OF ALL ) 

KEMJIERS BY BLOOD OF TIIF: CHIPPEI-1A TRill£, ) 

lllCLUDlNG ALL DESCEiiDAUTS OF THE ) Docket No, 13-K 

CHIPPEUA ~IEKIIERS OF THE UNITED NATION ) 

OF INDIANS, ) 

) 

RED LAKE, PEIIBINA AND WHITE EARTH BANDS ) 

OF CHIPPEWA INDIANS, et al,, ' Docket No, 18-P 

) 

ROIIERT DO!UNIC, et al. , AS TilE ) 

REPRESENTATIVE AND 0!1 BEHALF OF ALL ) 

li£MBERS BY BLOOD OF THE OTTAWA TRIBE ) Docket Nn, 40-I 

OF INDIANS, ) 

) 

Plaintiffa, ) 

) 

POTAWATOIII INDIANS OF lNDlAIIA AND ) . 

tllCJIIGAII, INC,, ) 

) 

Intervenor, ) 

) 

v. ) 

) 

TilE UNITED STATES OF AIIF.RICA, ) 

) 

Defendant, ) 

Decided: December 26, 1973 

FII-.'DINCS OF l'ACT ON TITLE 

1 • . The Parties Plaintiffs. 

413 

~etyped 

The Prairie Band of the Potawatn~i Tribe of Indiana, ~1aintiff in 

Docket 15-L: the llannahvilla Indian Coli'IIIIUnity, the Foreat County Potawato~i 
32 lnd, Cl. Comm, 400 414 

Community, and the Potawatomies of Michigan and Indiana, Inc., plaintiffs 

in Docket 29-I; ·and the Citizen Band of Potawatomi Indians of Oklahoma, 

plaintiff in Docket 216, are identifiable groups of American Indians 

each having the right and capacity under Section 2 of the Indian Claims 

Commission Act, 60 Stat. 1049, 1050, to bring and maintain the claims 

asserted herein arising out of the Treaty of August 24, 1816, 7 Stat, 

146, on behalf of the Potawatomi Indian Tribe or Nation. Prairie Band 

of the Potawatomi Tribe of Indians v. United States, Docket 15-C, et 

al., 28 Ind. Cl. Comm. 454, 469 (1972). 

Under Section 10 of the Indian Claims Commission Act the individuals 

listed as plaintiffs in this proceeding have no standing to present or 

maintain this suit. The individuals listed as plaintiffs in the October 13, 

1953 petition in ·Docket 29-I, are not parties plaintiff. Their names 

were added to the petition without approval of the Commission when the 

petition was reprinted as a separate cause of .action. 

On July 15, 1965, the Pota~atomi Indians of Indiana and Michigan, 

Inc~ filed a motion to intervene on behalf of the Potawatomi Tribe or 

Nation in all pending Potawatomi dockets including those herein. The 

Commission has previously determined that the intervenor under similar 

circumstances has demonstrated during the relevant treaty times that its 

membership is descended from the Potawatomi Tribe or Nation. Accordingly 

we find that said intervenor has a common interest in the subject matter 
386 

42 Ind. Ci. Comm. 205 205 

-··--·- eurtau ui ln.1ia.. /,lf,urs 

RECEIVED 

BEFORE THE U<DIAN CI.AL'iS CO:i:'IISSION 

THE POTAWATO~IE NATION OF I~~IANS, ) 

THE PRAIRIE B~~. et al., ) 

) 

Plaintiff, ) 

) 

THE HA.';:W!VILLE n.~IJ..'; CO~C"n."NITY, ) 

et al., ) 

) 

Plaintiffs, ) 

) 

CITIZEN B~\~ OF POTA~ATOMI INDIA.~S ) 

OF OKI..AHOHA, et al., ) 

) 

Plaintiffs, ) 

) 

POTAI~ATOHI I;;ou."S OF INDIANA ~\1l ) 

MICHIGA:;, INCORPORATED, ) 

) 

Intervenors, ) 

) 

v. ) 

) 

THE UNITED STATES OF AMERICA, ) 

) 

Defendant . ) 

Docket No. 15-P 

Docket No. 29-N 

Docket No. 306 

Docket Nos. 15-P, 

29-:> and 306 

TINAL AWARD 

AUG- 21978 

On June 8, 1978, an interlocutory order vas .entered hetein a"'arding 

the plaintiffs the amount of $1,809,552.57, less any gratuitous offsets 

which may be subsequently allowed to the defendant (41 Ind. Cl. Co~. 

399, 508). In a letter to the Coc:ission dated July 5, 1978, co?ies of 

which vare sent to the attorneys of record for the above-na~d plaintiffs 

and 1nterve~ors, counsel for the defendant refers to the interlocutory 

.award of June 8, 1978, .and advises: 

"To expedite the ·entry of a final a..-ard in the 

.above-consolidated cases, the defendant reserves any 

claim for gratuitous offsets against the a\o:ard for other 

docketed case~ involving these several plaintiffs." 

UPO:> COXSIDERATION of the said letter fro~ counsel for the defendant 

and .the plaintiffs' motion to enter final a"'ard as contecplated by that 

letter, which motion was filed on July 13, 19iS, 
387 

42 Ind. Cl. eo-. 205 206 

IT IS THEREFORE ORDERED that, as a final award in full satisfaction 

of all claims against the defendant in consolidated Dockets 15-P, 29-N 

and 306, plaintiffs and intervenors in these dockets do have and recover from defendant on behalf of the Potawatomi Tribe as constituted in 1832 

the sum of $1,809,552.57, and 

IT IS FURTHER ORDERED that any gratuitous offsets which defendant 

could have claimed as chargeable against the award herein be, and the same hereby are, reserved for defendant to claim in any other docketed 

case brought by the same plaintiffs under the provisions of the Indian 

Claims Commission Act, 60 Stat. 1049 (1946). 

Dated at Washington, D. C., this 14th day of July 1978. 
• '::· 

388 

• 

r:tec::e-ipt cr P:tHlion Jot Federal 

Acj(nowJf!:d~monl of Exl•tene-e es .:.n 

lndian Tt:bej 4=otawatomllnUian Nation. Inc. J-=.nu01rylo. 19Sl 

T~.is no: tee;, pub:ishtd In the . 

· . . · 

~::x~!dS9 of 111uthorHy d~l~ated by the 

<: cl~I Hrf uf the lnterJor t:.l tl1e AstJslant 5c:c::-e;arr·lndian t\fr.J!n by 2.0'3 DM a. · . P;.nr.ouanl to 2$ ~f' R 5-4.8{•) noHr.fo i•. ~ .: 

'.: . • b,~r.~hy si.\·en _H1:.t ~~~ Pntnw:..t~nuf ndi \ ·j No.Jon, lnc .. c/o Pillllp V. ,\ln1t, P.O. · . : P.-c.i.f{ 718, Dewitt. Mir.higan· ~~&~. f\as ~ . . fiJed it P•UUo!l fur ukno\Y1~damenlb)' 

tht Secrei~iy of the ln(erlur lhiil lhe • 

t:!'Oup e:\l•l• as an Jndi:.n tribe·. Thtt · · -·· 

r lo!:jticn WAf recelnd t-y th~ UurU!l ur lndl>~n AJCnlra 0~1 Not-c:mbtr :J. 1981.:. · 11l<e pelitiori was fonv- ~trd t!d and sisntd 

h)' m'!mb~ri n[ the grc:n!p·· soventinJ )t(ldj'. . . 

··.·· 

1 !':is i.J ~ il.t.~tJce bf rectipt or p!l~llon 

und Uoet n.:.t conatlt:.al~ notice that lht 

r.•!lilion it under •cfive con•idt!"tttlon. 

i\oticc ot iicUve COr:5!dtre i!Of. will httb"y mail to thP. petltianer ind uth~f · · · 

,·.: 

inlt.r-Jtiiet.l P•rtlet at the ~appropriate tiuu~. : . · · ·' · ·.-: 

Under f ~.ll{d) or the hdenil ' ....• : "-aul:.litint. intt:tfltd purlit• Jn•Y . : . eubmil factual t)deJ•I.a~•ntlln _ :· · . . IUppurl of .Or oPpotltion lo ,~. arouP'• J>t!ilion. Any nr~rm•tlo~ aub~ir~ ~U 

·:; 

. . . ---; l:e nnu.le a .... ;aila!>li on lh~ s;une bnit aw ot :-:~r lntQnnot:uh f:t th~ B'.l~!u er ln&.!i:::tA!f•lir-afiltl. . . 

ll ~ p:l~l~o1~ !T'Il.y be e:-;..a;r .. im~i.l by 

• t:J:-.'inll':\ent in ~!:Ll> viaion nf Trib.al 

Gt•\'L"cu:n.,ut ~:.er-/itt!f. Durt:at: Or fnt!i1r 

'" rJ;!ir:•. Utp&~th~ ent ni Liu~ fntttrior. ttl 

.1 J c 9t:P.P.~.,. N.W •• WAiMnJ(tC~n. 0 . • ~:;.-:,:: . 

ur H. s~l'P."p~-..[ 

~;c·! :· ~ .·t.:::/:.:fmt S-~r,.tttt)'-lnt.liorr Affoi 

::,. v...- ~-~"'"'""•.:...t:i~t-f 

e'\L~IG CCX &I~ 

23, 

. .. 

-~ . 
389 

United States Department of the Interior 

BUREAL; OF JI'DIA" AFFAIRS 

WASHII'CTO!'i, D.C. 20245 

Ifill UPLV a1na To: 

Tribal Govern~ent Services - AR 

Mr. Daniel Rapp 

53237 Townhall Road 

Dowagiac. Michigan 49047 

Dear Mr . Rapp: 

'This will acknowledqe our receipt on Nove111ber 2 of three copies of the four 

volu~e documented petition tor Federal acknowledgment ot the Pokagon &and ot 'Potawatomi Indiana. The Branch of Acknowledgment and Research staff enjoyed 

-..eeting with you and discussing your petition. 

As required by Part 83.9(b) of Title 25 of the Cod~ of f:!'de_!:.~l.-~~q_u~~~PJl~, 

the petition will be oiven a preliminary review for obvious deficiencies and 

sionificant omission•. Yoa will be notified of th~ results of this review. 

Tf any ~•ficienr.ies or omissions are not~d. you will be qiven an opportunity 

to strenqthen the petition prior ·to its being considered ready for active 

consideration·. Unfortunately, ·we cannot give you an estimate of when this 

review will be accomplished. 

The Branch ot Acknowledqment and Research has an unprecedented backlog of 

petitions in various stages of the petitioning process. Understandably, each 

qroup 15 anxiou• th•t its petition be given immediate attention. The Branch 

has to set its admlnistrative priorities Within the regulations, 25 CFR 83. 

These priorities are predicated on fair and equal attention being given to each of the petitioning groups. The obvious deficiency review is extensive, 

requiring that the staff read the petition and the supporting documents to determine whether there are any obvious technical or other deficiencies. 

If you, your staff or researchers have any questions, please contact 

Gary Stein of the Acknowledgment staff. He has administrative responsibility 

for Michigan groups. In his absence you should contact Lynn Forcia, .Chief of 

the Branch of Acknowledgment and Research. They 111ay be reached at (202) 

343-3592 or by writinQ to the Bureau of Indian Affairs, Branch of 

Acknowledg~ent and Research, MS 4627-MIB , 18th$ C Streets, N.Y •• Washington, 

D.C. ~0240. 

Sineerely, 
890 

United States Department of the Interior 

BUREAU OF INDIAN AFFAIRS 

WASHINGTON, D.C. 2024~ 

IN a&PLY Una TO: 

Tribal Government SerVices - AR 

Mr. Daniel F. Rapp 

53237 TOwn Hall Road 

DcWa9iac, Michigan 49057 

Dear Mr. Rapp: 

FEB ~27990 

ihe Branch of Acknawledgment and Research (Acknawl~ staff) has 

ocnpletad an initial review for obvious deficiencies and sic;nificant 

anissions of the Polcagon Band of Potawatani Indians' petitioo for Federal 

ac:kno.lledc;Jment as an Indian tribe. 'Ihis letter c:lescribe& the deficiencies 

an:l,/or ani&.Sions that have been fourd in the il:>kA9on petition. 

ihe obvious deficiencies (00) review is prcvided for in the J\cla'lawledgnent 

requlations to insure that a petitioner is not rejected because of 

technical problems in the petition and that the ~·s status will be 

considered on its ~~erits. 'Ihe 00 review does not puipOrt to be a preliminary determir.stion of any case. 'Ihis 00 letter does not constitute 

any evidence that a positive conclusion has been or will be reached on the 

petition, or on the portions of it not discussea in this letter. Nor does 

the fact that a petitioner responds to the 00 review i.nply in any way that 

the c;ro..tp meets the seven mandatory criteria by si.nply sul::lnittin9 

additional data. The 00 review of the petition merely prcvides the 

petitioner the opportunity to subnit additional information or 

clarification prior to the actual active oonsidenltioo period. "'he 00 

review is a limited review con::luctad CNe:r a period of several weeks by a start anthropol09ist, geneal09ist, and historian. only durin;J active 

consideration is the petition zwvi........O and evaluated in depth py the 

Acknawledgment staff to detennine 1o'hether the c;ro..tp -ts the requircrents 

to be ac:kno.lledgecl as an Indian tribe, 

With the requested information and,lor documentation, the J\cla'lawledc;Jment 

staff can be9in to evaluate the petitioo ~ it is plaoecl oo active 

cons;icleration. 'Ihe staff's ~ clurin9 the active oonsideretion 

period is for the p..u:pose of verifyin9 and,lor elaboratin9 oo an already 

ocnplete petition. ihe staff's caseload no lorqer permits them to do the 

resean:h necessary to fill in 911ps in the petition on behalf of the 

petitioner to the extent they have at~ done in the put. 

Petitioners have the cption of ~ in part or in full to the "00 

review or of rt1Q1.111Stin9 us to p~ with the petition usin9 the 

materials already subnittad. 'Ihe decisioo as to 1ootlether the c;ro..tp choo&as 

to acld.ras the deficiencies noted in the 00 review should be made by the 

qrcup and not solely by its~. If ycur ~requests that the 

materials subnitted in response to the 00 review also be reviewa:l. as to 
391 

2 

tileir adequacy, the a.zreau ot Indian Attains (BJreau) will prcvide the 

additional assistance. 'Ihll add.itiallll review will not be autanatic, and 

will be conducted only at the request of the petitioner. 'nle limite of 

these pntliminary reviews IILISt be taken into ccnsideration. We do not 

lalc;:o.; all of the questions that an ~ review during active 

consideration mi<;lht raise. 

0-lr c:aments and questicns are organized below in the following order: 

(l) c::cmnents and questions ~documentation, and (2) c:aments and 

questions pertaining to the specific Acknowledgment criteria. 

COMMENTS AND QUESTIONS REGARDING DOCUMENTATION 

In general, ycur petition is well done. However, there is a problem with 

tile documentation. "Ihe petition is baSed heavily on Jan.s A. Clifton's 

book, 'Ibe i'Qlcagons. 1683-1983, whldl is, in tum, based on a large l"lUU!Cer 

of sources which are not available readily to the Acknowledgment staff. 

'Iherefore, we request that ycu provide oapies of the documents listed 

below, if at all possible. 

NEWSPAPERS 

Please prcvide oapies of the newspaper clippirqs cited in Clifton's book 

which are not 11110ng of the 16 supplied as Appendix XII in tile documented 

petition. 

Please send oapies of the relevant pages of those documents cited in 

Clifton's book which are in various local and regional archives. His 

references include :materials fran archives at Notre DMe University; "Ihe 

Isacc Mc:C:Qy Papers, l<an&as State Historical Library; Ohio Valley Great 

Lakes Ethnc:history Archives; Draper COllections, University of Wisconsin; 

SUsan Pokagon Papers; Michael Dau<;Jhterty Papers of the Pokagon Band; 

Johnston Lykins Journal, J<ansas State Histori.cal Library; ROOert 

Si.ntnerwell, Journals and Oorraspondenoe, J<ansas State Historical Library; 

copies of relevant deeds cited in Clifton's footnote 59; and :materials 

which were cited as beirq in the Federal Records Center, CUcago. 

There were several books and p.lblished :materials cited which are not 

easily available to us. If possible, please .submit oopies of the relevant 

pages fran the following:. 

~ .lk l'"'sriatioo .dllA Prgpc!smtioo .13 lA !Qi. 

Bishclp, Henry 

1900 settl!!!]Mt of New &Jtfalo. 

HUnziker, Barbara Wood . 

1977 SU!!I!Jerville and i'Q!sagpn. cass Crunty. Micbiaao. 
392 

l 

Li ttlejc:iln, F .J. 

1875 1Baends of Mic;higan or4 the Old Northwest· 

McDonald, Daniel 

1899 fllmpyal of the fQtawatanJ.e Indians frqn Nortbem Wiona. 

Pokagon, Simon 

1899 Life of <>-Vi=Maw-1$\o'Htit-I~-Ki, P.leen of the Woods• 

1901 'Ihe Pottawatanies in the war of 1812. aB~» 26: 48-45. 

ORAL HISTORY IN'l'ERVI&iS 

Since IIUCh of the evidence on the current Polcaqon camunity lleE!I1'IS to cate 

fran oral history interviews, would it be possible to qet QC~Pies of the 

relevant portions of these, t:ut have them edited in wc::h a manner that the 

anonymity of the informants can be protected? '1his is crucial data for 

any review and evaluation of the petition. I.ac:lc.ing these, we need other 

docunentation to substantiate the staterrents made in the petition. 

MlNl1I'ES OF THE BJSINESS o:McrTrEE 

'Ihe petition in:licates that the B.lsiness Ctmni~ has been tunctioning 

for a long tiJne or4 that a census was authorized in Octobar of 1901. 

Please provide a CXlPY of that census, if available. 1\s noted under 

=iterion (c) belo.', we would also like additional minutes of later 

neetings. 

COMMENTS AND QUESTIONS ON SPECIFIC CRITERIA 

CUTERION (b) : 

We need a better des=iptioo of both the modem and historic~ oamunity in terms of its social relations or4 camunal activities. -we are interested in lcnawing hew the ~t scattered 118Tbership has 

maintained contact with the Pokagon Band during this century.· -What 

activities have served to bring grcup mBttlers together? What have been the lines of cormunication within the qrcup? Evidence directed tcwan1 

these questions might include documentation or a description of hanacaning 

events, visiting patterns, inter-family gatherings, or ~tive 

activities, as ..... n as aCXlOUI'Its by ethnographers and/or others familiar 

with the qrcup '-hich indicate that it constitutes a camunity. 

Although there is Teferenoe to Pokagoo social institutions in ·"the 

petition, these are not clearly described. 'Ihe recent pc:1oMo'OWS appear to 

be inter-tribal events. .Are they also the main activity wc:h serves to 

bring Pokagon l!IE!ITbers together? Have there been or are there now .any 

siJnilar oamunity or~ events held just for Pokagon lnellbers? -krf 

such activities during this century should be described as tully .as possible. What, for .exanple, was the tuncticn of the pow-wcws held durirq 

possible, 

the 1920's 

yoo 

(as 

need 

referenced 

to doc::ument 

by Clifton 

(or at least 

at pages 

prcvide 

lll-32)?. 

an estilM.te 

~ 

of) the 

nurrber of grcup lnE!ITbers J.molved in ~ activities. 
393 

4 

CUTmla-1 (C) l 

It is i.Jrportant that the description of the overall political systan be 

expanded. At present the outlirws aeem to be there, t:ut many th.i.rqs are not clear, such as the manner in lolhich the present qovern.l.ng body 

functions. 'lhe Bylaws do not make it explicit ~ the current system 

operates. A more detailed description of the events leadirq to the loss 

of the name of Potawatani. In:lians of In:liana and Michiqan, Inc:. and hoiol 

this issue was resolved with lolhat is described as the "J:~J~~p" organization 

would assist us in un:lerstan:ling the political pr=ess of this parti~ar 

ciispute. 

'Ihe petition needs to provide more doculrentatioo of ~ political 

influence or authority is and was maintained aver Pclkagon llllrilers. 

Insofar as possible, you need to provide more specific exarrples of hoiol 

group leaders and the governing body made decisions, resolved c::cnflicts, 

an:l,/or enforced stan:lards of behavior. How ciid they qarner qroup 

support? What kin:ls of issues were they expac::ted to decide? What 

sanctions did they i:npose on those ..no iqnored or rejected their authority or influence'?. These are the kin:ls of questions with lohich cur evaluation 

un:ler this criterion is concerned. 

Please provide us with information abcA.It ~ qroup merrtlers are info:med. 

for exanple, Haw is information passed fran the qovern.l.ng body to the 

Jrernl::lenhip as a ~<.hole'? Mention is made of the I1UI1'ber of decisions faced 

by the governing body, but it is not clear ~ these are passed on to the 

ment>ership to recruit help or assistance in various qroup projects or hoiol 

the infornation about the governing body's decisions are disseminated. 

'Ihe petition provides limited AZ~ples of minutes fran 8.JSiness Ccuncil 

ll'eetinqs between 1899-1950 (Appendix VIII). Most of these deal with the 

Pokagon claims and give no in:lication of. the kin:ls of internal issues or other external issues the council hAndled during this tilne period. You 

need to document specific exanples of the governing body's or any other 

tribal political orqani~ation's involvement with issues and affairs 

i.Jrportant to the group, whether they be formal, such as chanqin] the 

system of qovernance, or informal, such as organizing a social affair. 

You should also provide a brief description of the 11111jor disputes and 

internal conflicts with lohich the group has had to deal with during this 

century. 

It would be extremely beneficial to cur evaluation of the history of ycur 

group's leadership if ycu cculd provide a c:hronolo;ical chart of leaders 

and 8.JSiness Ccuncil members, especially tor the period •ince 1900 • .we would also like any records (or at least -Gtillllltes) ycu might have t>f 

atten:lanoe at both Business and qeneral ccuncll -tings during this 

oentury. 

CUTmla-1 (d): 

We will need a &tatament describing the lnBIItler&h.ip criteria used to 

c:cnpile the list of lla1tler& IIUI:nittad for ac:lcncwl~ plXpOMS. ~ 

this description, please ciiiiCU&II any c::han9es that IIIIIY have been JMcSe .in 

determining ..no would be &liqible for llllllltlership. 
Could )'0.1 also provide doculentaticn, auc:h u a council :r-aluticn, 

shcwin; \o'hen the bylaws of the FOtawatalli Indian Nation, Inc., were adoptad, ard, if available, provide a ocpy of the bylaws for the 

Fotawatani Inclians of Indiana ard Mic:hi9Cill that was i.ncclzponted in 19527 

OUTERIOO (e): 

In order for the llcknoolleclgnent staff to detemine that the CJ%"WP D..t:s 

tilat part of 83 . 7 (e) of the l\cknoollecigment nqulations ragardinq descent 

frat~ the historical tribe, it is naoessary tilat genealogical infonnation 

on the CJ%"WP' s ·JI'II!l1bers be sul:lni tted. Aocordirq to the ocpy of the CJl"WP' s enrollment awlication, an anoestzy chart I!LISt be filled o.It by each 

trember. 'Ihe anoestzy charts on ·the enrollment BR'lications wculd provide 

the necessary infonnation tilat the l\cknoolleclgnent staff ~. We wggest 

yo.J submit copies of the enrollment awlications of yo.~r members. Yo.J do 

not have to sut:rnit copies of any dcx::lmlentation tilat the CJ%"WP required 

each awlicant to IIU!:Jnit. Followin; a review of the charta on the 

enrollment awlications, the l\cknoolleclgment staff will contact the CJl"WP's 

leaders for detailed genealogical dcx::lmlentation of~ families. 

'Ihe l!'leiNJership list submi. tted for aclcnowledgrnent purposes lilhcW.d be 

certified by the C]l'QlP's 9avemin; lxxly or 1181!1be:n;hip c::amdtt.M. You can 

sutrnit this certification with any SUj:plemental lists of members 1otlen yo.1 

are notified tilat the petition is bein; plaoecl on active consideration. 

'Ihe certification &hculd et:Ner both the list sul:lnitted with yo.Jr petition 

ard any SUj:plemental lists lo'hich are to be considered part of the 

aclcnowledgrnent JN!!!t>ership list. 

Yo.J shcluld continue to l<eep yo.~r membership list current by recordin; new 

births ard deaths \o'hich will take place in the interiln before the petition 

is plaoecl on active consideration. When yo.~ are notified tilat the 

petition is bein; plaoecl on active consideration, a SUj:plemental ~ist 

s.ho.Jld be sumitted \o'hich will include aclctitions to the membership, such 

as ,_,oorn · infants ard those irdividuals \o'ho were inadvertenUy anitt.a 

frat\ the list. 'Ihe SUj:plemental list llhould also note those members, 

named on the list subnitted with the petition, \o'ho are cleoaased • . 

COpies of any available former lists of me:ntlers s.hwld be sutrnitted. "1he 

petition irdicates that there may have bMn lists 1Nicle in the early 2oth 

oentucy by the CJ%"WP as well as lists made in the 1950's ard 1960's as 

part of the C]l'QlP's liti9"tion .before the Irdian Clai.Irs Oc:mnission. 

Clifton, on pa9e .l2l, llll!l'ltions that in 1934 the CJ%"WP was required :to COTpile a .J.ist of .half-blood members. If such a list was CICI!piled ard is 

still available, please provide a ocpy. 

If yo.~r 9I"o.JP chooses to raspon:! to this 00 review letter, we~ 

yo.J ard your ~to consult with the llcknoolleci9Nnt staff before 

preparin; a response, so that Yo.J 111i9ht utilize yo.Jr research~ 

more effectively. 'Ihe l\cknoolledgment staff can provide t«:hnical 

assistance, but cannot be responsible for acb.lal research oo the part of 

the petitioner. It is likely that additional new ~ions will be railled 

by your response to the 00 review, ard it 11111y be ~ to ~ 
395 

6 

additicnal infomation ~i.n; the pariod of actiw ccrwideraticn of ycur petition. '1he 1\cl<nowla;n.nt ataff will lllllka flllery effort to corwul.t with 

ycu ari1 your ~ reqardirg these quMticna an:l,/or nqu.ta prior to the publication of a prcp:l88CI fin:Un;J, 

we reca11coez d that ycu ocntact Gary stein, the .AckJ:lcWl.::tgment ataff lill!lltler 

who has administntive nsponsibility for Michiqan petiticnen, 110 that we can ma.ke arrarqements to provide additicnal technical assistance to ycu 

and your :resea.rchers. \'cu may write him cjo 9.lraau of Indian Affairs, .Branch of 1\cl<nowledglcent and ~ • . Mail step 4627-MIB, 18th and c 

Stzeets, N.W,, Washirqt.on, D.C. 20240, or call him at (202) .343-3592. 

Sincerely, 

ex/~& Deputy to the AUistant ~ Secretary - Inclian Affairs (Tribal SelVioes) 
• 

. 

' 

. . 

IN UPLY Ur&a 'to: 

396 

RECEIVED "AY 0 7 

' ( . 

Unitea .::itates Department of the lnterior 

BUREAU OF INDIAN AFFAIRS 

WASHINGTON, D.C. 2024~ 

Tribal GcM!%1'IIIIei1t Suvices - AR 

MAY 3 111110 I L.. . 

27 Mr.DanielF. Rapp 

53237 Toom Hall RDIIcl 

Dcwagiac, Mic:hlqan 49057 

Daar Mr. Rapp: 

We are respcn:1in; to ycur CICI'ICBmS reqarding the garwalcqical intonaticn 

required !or the R>l<agcn Banl:i of l?l::ltawatani. Indians' petiticn for Fedenl 

acl<nowladgment as an Inl.ian tribe. 'lbe relaase of ll.lreau of Inl.ian 

Affairs (ll.lreau) files, as with all ather Federal agencies, is gavemed by 

the Fx-xn of In!ormaticn Act, Privacy Act ani varirus regulations. 'lhe 

policy of the Department of the Interior (Department) is to llllll<e the 

records of the Department available to the plblic to the greatest extent possible, in keeping with the spirit of the Fx-xn of In!o:maticn Act. 

Membership lists ani genealcqical lllilterial pertaining to lllllllt>ers of a 

peti tioninq group. bcwever. ccntain perscnal data \ohlch is protected by 

the Privacy Act ani \ohlch is withheld fran plblic review. 'lbe pJrpOSe of 

the Privacy Act is to ensure that 8}'StA!IIB of records ccntaining 

information about individuals are plblicly identified, that cnly 

information \ohlch is legally authorized ani nacessary is collected, ani 

that such information is mintainecl in a manner \ohlch precludes 

unwarnnted intrusions upon individual privacy. 

A petitioner llllSt JIIBE!t all M!llen of the JOaJ>Ciatory criteria in the 

AcKnowledgment reguJ.ations in · order to be acl<nowled\led as an Inl.ian 

tribe. Without the genealcqical intormati<X"l we raquested in cur obviaJS 

deficiency letter of February 27, 1990, we CXlUld not lMke an evaluation as to .mether the group meets that part of criteri<X"l 83 . 7(e) \ohlch nquires 

that a group's Jnelltlership consist of indivi4lals .me have established descent :tran a historical tribe or :tran histori cal tribes \ohlch haV8 

c:anbinecl ani functicnd as a single aut:cnaacus entity. As we diV,ssed 

with ya1 on April 24, .tlen the group is r-'Y to subnit their response to the obviaJS deficiency letter, please ccntact us so that we can di.salss 

.mat qenealcqical intonnati<X"l ahwld be sent. 

We re<XI\1Iend that yal ccntact Gary Stein, the Acl<nowlaclgment staff IDI!I1iler 

.me has aclministrative responsibility for Mic:hlqan petiticners, if ya1 

have further q.>estions ~ this Jlllltter. Yal INIY write him C/O 

ll.lreau of Inl.ian Affairs, Bnlnch of Acknowledgment ani -.arch, Mail Stq> 

4627-MIB, 1849 C Street, N.W., washingtcn, D.C. 20240, or call him at (202) 208-3592. 

~y, {L_ 

r 

Attior O!.ief, Diviaicn of Tribal 

~sezvic:.a 
397 

. United States Department of the Interior -

• BUREAU OF 1:\"DIAF' AFFAIRS 

WASHINGTOl'i , D.C. 202~5 

Tribal Ga\lern1'ent services - l\R 

Mr- Daniel F- JlaR> 

53237 Town Hall Read 

~iac, 1'J.c::hi9"-., 49057 

Dear Mr. Rapp: 

JUN 1S1991 

*29. 

'1his is to ac:kncwledge, in writirq, oor receipt oo June 13, 1991, of the 

Ji>ci<aqcrl Ban:! of Potawatani In:Uans • response to the Brandl of 

Al:::knl::wleclgn-ent an:1 Rasearch's (BAR) revisw of the Ji>ci<aqcrl doalmented 

petitioo for Federal ac:kncwledgment for obvious deficienc:i• an:1 

significant anissia'l&. Yoor response was han:! carried by you an:1 ather 

1llllmbera of your gowrni1l; bocly. 

When you an:1 ather llll!lllt>srs of the Ji>ci<aqcrl Jlanj delivered the respcnse, you 

requested that the Assistant Secretary prooooe<! with the actiw 

oonsideratioo of the documented petitioo utilizirq the materials sul:mitted 

by your groop. Yoo stated that the ~ Band did net want the Bureau of 

Irdian Affairs (BIA) to review the mterials .. ubnitted in terms of their 

adequacy in response to the obvious deficiency letter. 

We infOrlled you at that time that the BIA was oc:mnitted to plac:izg the 

Ji>ci<aqcrl petitia'l oo actiw Oa'lSideratioo this calerdar yur. We will place 

the Ji>ci<aqcr> Ban:1 of Potawataui In:Uans• pstitioo for Fw::lcal ~l~ 

on active consideration on._- 18, 1991. '1he Acknowled9ment 

ngulatia'lS at 25 em 83.9(f) require that a prcpo&ed findini be p.lblished 

within '""' year of the date the petitioo is pbced c.o1 actiw. Oa'lSideratioo. 

We CUIT811tly have a oontract in place with Fin.t Q:l\'plter Ccncorpt.s, Inc:., a ..-rch finn l:ase::l in RaMtu:l, south llllkota, for a~ tum 

oonsi.atirq of an anthrclpoloqist, hi&torian, an:1 genaaloqist to .valuate the 

petitioo. '!bey are new t.;imirq preliminary lom'k on the Pdcaqon petition 

prior to its l:eirq placed en active oonsideratioo. 

We look fCNIIU'd to clcee oocperaticn bort:wlaen the BAR, the ocntnctar, an:1 

your group's cpvemirq bocly an:1 its ~ durirq the pnliminary ~ 

an:1 the active oonsideraticn of your patiticn. If you haw any queatiorw 

regardirq this mtter, please CXlntact the Brar ·::h of Acknowl.ecl;mant an:1 
398 

RIMarcf1 by ~ at (202) 208-3592 Gl" by ,frit.inq C/O tile J!UrMU of 

Inltian Affailw, 1849 C sa-t, H.W., *il Stc";> 2612-KDI, ~. D.C. , 

20240. 
399 

United States Department of the Interior 

BL'IIEAll OF INDIAN AFFAIRS 

WIIShington. D.C. 20245 

Tribal GaYernnent Serlioes - AR 

Mr.DanielF. Raw 

53237 Tawn Hall Read 

t::bnlqiac, Midrigan 451057 

Dear Mr. Raw: 

.... 2 ·.' 

:li- 30. 

'lhe Pckaqon's respcn!le to the I!Uraau of Iniian Affairs (BIA) 'a cl:lviClUS 

deficiency review of their petitia~ far Federal Adcncwledgment as an In:lian 

tril:le was received a1 June 13, 151!11. At that time, the grcup indicated 

that they did not want another cl:lvicus deficiency review, and wished to l:e 

considered ready for active consideratial. 

In o.Jr June 19 letter, we informed you that we had sul::mitted the petitia~ 

to a ocnt:ractor to beqin sane prelillrlnary woric. As a result of this 

preliminary \oiOrk, it has been brought to CJUr attentia~ that the questims 

reqardin;J the Pckagon's membership criteria were not addressed as requested 

in the February 22, 19!10, cl:lvious deficiency letter; that genealogical informatia-~ as requested in the cbvicus deficiency letter and the May 3, 

1990, letter has not been sul:lllitted; and that we may not have a oc:aplete 

list of all the group's members. 

We l"ElCCC'1111el that without the requested infarmatia~, active consideration 

not CXIlll1e1'lCe a-~ the petitia-~. 'lhis infarmatia'l is vital in order to 

determine whether the group~ criteria 83.7(d) am 83.7 (e) of the 

AL:::lalootleclgnent ragulatioos. We do not want to decline arrt grtll1p6 l:ased en insufficient sul::missia'l of data. We~ that ycu let us know within 30 

days what actia'l, if arrt, you plan a1 takinq to resolve this problem. In 

the maantille, far lack of infarmatia'l, preliminllry work a'l YCJUr petitia'l 

lll.ISt cease. 

Meri>ershlP criteriA 

'lhe February 22, 1990, cbvicus deficiency letter requested a sta~ 

desc:ribirg the llB!tler&hi.p criteria used to CXIIpile the list of llll!llilerB 

subnittad far ackncwledc;lment PJrPOIMIS· It is not clear ..mat are the . .cbal 

1!11!111bership criteria. Arri resolutions, ardinanoes, etc., that have baen 

passed ~ the group• a qovernirq lxldy ar -arship regardirg the 1llll!lberahip 

criteria and enrollllent process l1hculd also l:e sul:lllittad. 

'lhe ocnstitutim that was sul::mitted with the petition appears tote a 

prop:aed qcwornin:} doament that las not baen .-dcpted l:1f the grcup. 

'lberefare, the ~ criteria ataUd within that doaDent -y liCit ;:be 

in effect. 
400 

'Dle !7jlaws subnittad with the petitim IIR'lW" to be the group's azrrent 

governing document. Article IV, Sect:.ial 1, states that a llll!lllber DUSt 

descer1:i fran the trital rolls of the BaJt:hwest Michigan Potawatani Indians 

(no apecific rolls are mentioned) am JII.ISt be 18 years or older. 

A Silllple ccpy of yaJr enrolllllent awlic:atim aa1t to the Brmx:h of 

11clcnowledgment and Researcb (Brmx:h) in 1987, states that a JDBDber IIIISt 

descen:1 fran apecific rolls (the Cadman and Shel.Dj rolls) and IIUSt possES 

at least one-quarter Iniian blood. Please clarify exactly 1otlat Jlll!lllbership 

c:ri teria are be.inj used to enroll JDBDbers. 

Genea.lcaica.l Material 

C>.lr c:bvicus deficiency letter statai that it was necessary for genealc:gica.l 

infomatim em the group's JDBDbers to be suiDittad in ar:der for the 

Ac'lcnololledgment s"".....tf to be able to cSetermine that the group -u c:riterie>n 

83.7(e) of the Acltnowledgment requl.atiat& ngarding descent fran the 

historical tribe. C>.lr May 3, 1990, letter was a follow-up letter after the 

c;roup raised ccnoems abo.lt privacy. 'Dle BIA has not agreed that the 

genealc:gical records would be reviewed at the group's office durin:! the 

active ce>nsideration period. 

As statai in the c:bvious deficiency letter, ycu do not have to sul::mit 

c:q:>ies of any supporting doolmentatie>n that proves a 1111!11lber' s ancestry at this time. However, charts sh<M.n;r hew IIE!IIIbers trace their ancestry to -the 

historic tribe are atsolutely neoessaxy. Follcwirg a review of the 

genealc:gical charts, the Acltnowledgment staff will contact the group's 

leaders for detaile::l genealc:gical docunlent:atioo of selected families after 

the petition is under active c:cnsideraticn. 

'lhe genealc:gical information bein:J requested is requeste:i fran every AJl'CUP 

that subnits a petitioo for Federal adcrlcwledgment. 'Dle BIA protects the 

privacy of the group's JDBDbers in ao:xn-danoe with the Privacy Act. 'lhis 

infomation is not release::l to the plblic, arxi is cruy used !7j the 

11clcnowledgment staff in evaluatin:J the petitioo. 

Many groups use the suggested s;mple fat111S founi in the Adtncwledgment 

guidelines for sumi:tting the genea1c:gica1 infarmaticn en their JDBDbers. 'llle cblrious deficiency l.r-ter ncted that the~ d>arts en ycur 

enrol~ awlic:aticns have the. necessary infarmaticn. "'lherefare, if 

c:q:>ies of these awlicaticns -were sul::mittad, }'111 would not need to do e:rry 

f'urther work a.. this aspect of the dcoJmented petition. 'Dle genealc:gica.l 

infarmatia.. may be provided in e:rry farm ycu desire so lmg as it provides 

the staff with the infarmatia.. needed to perfarm the requira:i analysis. We cannot ccnstxuc:t families fran the Jlelltership list. 

·Membership List 

A petiticner's 1llelllbership lists shculd be drawn Up acx:md.irg to its awn 

criteria for ident.ifyinq JDBDbers. It is not neoessary to enroll all 

dasoencSants of the hi.stcdc ~ PotawataDi an the D.lrrBI'It ~p 

list, unl- that ia the desire of the IJrCalP• A tribe's ~ list 

does not uaually include all dalloerdant& tram the historic tribe. <Many 
401 

indivi&als my be aliqible to nc:aiw a per capita payllllrlt tued eol.ely a'l 

their daacent frail a hi£aric trlJ:Ie, bit .y not be ---. ot eitt.:' a 

recxlljll'li.ze tribe ar an ~ Inlian 9lQ.1P t.cm.e they haw not t.ml 

llllintliinin; tribal relati.aw. A tribal ....tm1lhip :roll a tlUJ dirfcwnt 

fran a dascendancy :roll CNilt.d ......... pa~ a to be --to all 

desc:wlr:Sants of a historic tribe, •·9·, far a land ·claiJil. U ackncw~, 

the c;raup's -aenhlp lat IIUI::mittad far~ plrpCIM8 will 

bac:aDe the grQ.~p's bue :roll far l!lurwlu p.1[pCiles and, as .ucb, will be 

bi.nding a'l the 9lQ.1P far 8Cllll8 time to came except far lllinar aaz:ractiaw. 

You can IIUI::mit a awlsattal list ot lllll!lllber& CJrOlled since the date ot 

}'CUr IIISIIi:Jer&hip list IIUI::mittad with the dcaaa1t:ad pE!ticn. ~ 

~q>pl....tal list, a1aJ;J with the list IIUI::mitted with the cSoculll!nta:S 

petitia'l, llhculd be ~ied 1:7f the grcq~'a ~ body er IBIIbl!rahip 

CCIII!Iitt. as being the list of ---. all::mittad fer adcnaolld;lmant 

pJrpC&eS. 

l:f you have arrt questions ~ this matter, please oart:act the Jlranch 

of .AclcrPileci;Jment and RMearch 1:7f tel"filcne at (202) 208-3592 ar l:7f -writin; C/O the Bureau of Indian Affairs, 1849 C street, N.W., Mail stop 2612-MIB, 

~. D.C. 20240. 

Sincerely, 

LIJ. Ronal Ed!!_n 

Director, Office of Inlian services 

=: Minneapolis Area Diractar 

Ocnfederatai Historic Tribes, Inc. 

Administrati«Xl fer Native Americans 

Michigan o:mniasicn on Indian Affairs 

Hcnr:lr"able Jchn Hiler 

~le Frederidt s. ~ 

Senatar Dan Cl:lllts 

Senatar carl .x.vin 

Senatar Richard G. lJJgar 

Senatar Dcnald w. Riegle, .Jr. 

!Michigan Indian .t.qal !6c'viclls 

First Qzplter CDicllpta, .Inc. 

403 

Nov~mber of tqea is tne stat~m•nt that lh~ membership roll of the 

Band is •tt•ched ~s Appendi~ XX. A certification that the Band's 

TribAl Counc i l adopted the petition appears on page 2 of thR 

p;.-ti .. t i on . Thet·ef'or£~. thP. membe1·shi.P roll wa.6 certified by the 

Tribal Council. So as not to cause f~rther delay the T~ibal 

Council agai11 cert1fie~ the membershir list a,,d the certificate 

i~ enclo~ed with this letter . The ~ame ceertificate Also 

cert i fie$ the supplemental list enclos~ i. 

Your l etter a lso ~tates that i t ~ not cle•r what are the 

actual membersh i p criteria for the Land. On p•ge 51 of the 

petit i on ~ubmitted 1n November 1988 it states that the Band is 

usin~ the membe r 5h l p crite•·ia con ained in the proposed 

con~t tution . The pr·oposed consti t u t io r contains t he membership 

crite ria that the Ba r1 d has used for a ' ery long time. The bylaws 

5ubmitted with the Petition are the bylaws cf a Michigan nonprofit corporation that the Band first formed in 1952. The Band 

itself has e x isted from historical tim~ . The membership criteria 

in the bylaws only define eligibility for membership in the 

corporation. 

The process of defining the group by reference to written 

rolls was a g~adual one. The Band c~nnct point to a precise 

instant in time when it first began us i ng that method. Initially 

it was the fede r al government itself that defined the Band using 

written rclls by creating annuity payment rolls beginning in 

1841. Then in 1895 the Off1ce of Ind i an Affairs ordered first 

Cadmun then Shelby to create a cens us o include onl y members of 

the Band because i t believed that cOngress approved pa y ment only 

to . members of the Band. See Clifton, The Pokagons, 1683-1983 

Catholic Potawatomi lndians of the 5~. Joseph Ri ver Vall•y, 

p. l 05. Thus the federal government we ~ the first to define the 

Band ~ membership criteria by refernc~ =o rolls. 

You also tate that the Band ' s r:·f?.tnbership criteria i$ not 

clear to you because a copy of the Bar.~'s application form that 

yoL' have obtained states that an ap~,icant must possess onequarter Indian blooo . The applicatior1 form sent to the BAR is 

confu~ing bec•u~e i t was copied with~ut chan ge from another 

source, perhaps the Sureau of lndian . Af f airs. The Band never used 

a qua~ter blood r equir•mPnt and that requir•ment has not been 

used to judge the completed applicati~ns. The application f~rms 

us~d currently do not state • ~ne-quarter lndian blood 

~equirement . A cop y of the current app! icaticn form is enc:lo•ed 

for your review. 

Thank you for your comments. believe all your concern5 

have been Addres~ed. If that is not the case pl•••e contact ~e 

imm•diate1y and I am ~ertain that any other ~uestions ~an be 

answered. 
United States Department. of the Interior 

lll"IH:Al" llF 1\"lllA:" M'FAIH~ 

Wn"'h n~tnn. T1.C. 202~:', 

Tribal Government Services - AR 

Mr. Joseph Winchester 

53237 Townhall Road 

Dowagiac, Michigan 49047 

Dear Mr. Winchester: 

DEC .: 1991 

This letter will acknowledge receipt by the Branch of 

Acknowledgment and Research (BAR) of the Pokagon Band of 

Potawatomi's official response to the BAR's review of the Band's 

petition for obvious deficiencies and significant omissions (the OD 

review). Your response was received on September 18, 1991. 

Based on a telephone conversation between you and Ms. Holly Reckord 

of the BAR staff, we understand that this .response is to be 

considered complete and ready for active consideration and that no 

review for adequacy is desired. 

As Ms . Reckord explained, the Pokagon petition will be reviewed by contract. Contract researchers play a purely advisory role, and 

the BAR researchers will actually deliberate and write the final 

reports for the Assistant Secretary's review. We regret that we cannot at this time give you a date as to when the Pokagon petition 

will be placed on active consideration. The contractor, . First 

Computer Concepts Incorporated (FCCI), is currently putting 

together a team of three researchers, an anthropologist, 

genealogist and historian, to work on your petition. The names of 

the researchers that you gave Ms. Reckord were forwarded to'FCCI. we ~·i 11. inform yo11 immedi'ltely when your petition is placed on 

active consideration. 

A public hearing on the Proposed Revised Regulations for Federal 

Acknowledgment will be held December 10, 1991, 10:00 a.m. to 4:00p.m. at the Radison Hotel, 2040 Airport Drive, Greenbay, 

Wisconsin. If someone from the Pokagon Band would like to speak at this hearing, please contact Ms. Holly Reckord at (202) 208-3592 to 

make arrangements. 

Sincerely, 

; L_;___ c., J>}...,""'-f' 

Chief, Division of Tribal 

Government Services 
INIII.C'I' ANO COMM(II.Ct 

PUILIC WOII.It$ ANO TAANSP'OiillATION 

405 

41; IILICT COM ... Inl( ON HUNGUI 

IOCIAL IICUII.ITY CAUCUS 

AOO .. TIOH COAliTION 

Q!:ongrtss of tbt Ulnittb &tates 

ll;loust of l\rprrsrntatibrs 

LYH"' I ACHS. Sf AU OIMCTOR 

Mr. Joe Winchester Secretary, Poka~on Band 

Potawatomi Indoan Nation 

95931 Wild Wood Drive 

Dowagiac, Michigan 49047 

Dear Joe, 

FRED UPTON 

F~b~~~;:y rrt9tn 

IJI)lOIIIOWOOIT"DI' 'ICi t .... o-o w~t~-olOto. DCtol t 

11:9!1UI-4UI 

IUWII110Tiol1' .. n •o to• ltU 

Mk~ wount-•111 

.... , ...... tOO 

10tf'OIRAOIIIWOIUI 

P.OtOitU 

NIIIJ .. VIIIIS, III•IOU 

IIIIIUWUI 

411-II'ITUn 

n . .IOII""'- ... •11011 

llliiHl•IHI 

This letter is to confirm your conversation two weeks ago with Pete Dame of my 

Washington staff regarding the status of the review of the Potawatomi Pokagon Band 

application for federal recognition. 

At your request, Pete Dame contacted the Congressional committee with 

jurisdiction over the Department of the Interior (DOl), the House Committee on Interior Affairs, Indian Affairs Office. Catherine Wilson of the House Committee 

contacted the DOl Bureau of Acknowledgement and Research (BAR) to inquire about 

the status of the Pokagon application. BAR officials confirmed that they were in the 

process of contracted a private consulting team to review and research the Pokagon 

application. As soon as that contract was finalized, a process anticipated to take 

approximately a month, the Pokagon application would be under "active consideration." 

BAR officials reported to Catherine Wilson of the House Committee that this r_c;;view 

normally takes from one to two years. No additional funds were requested frorir 

Congress or are necessary to hire this review team. 

I hope that this information is helpful to you. If there is anything else I may do to assist you, please let me or Pete Dame of my staff know. Until then, I remain 

Ve~ 

Fred Upton 

Member of Congress 

FSU:pp 

3~. 

PLEASE REPLY TO WASHINGTON OFfiCE UNlESS INOICATf:O: 0 Sl. JOSEPH C +40\.LAND 0 THftEf ftiVEIIIS 

IAllLLITt: OFfiCE HOV .. S IN NIH( ADDI1t0NAL "-DCATIONS CALl THE OfFICI ClOSEST TO 't'OV FO" INFO"'-'ATtON. 

'YMII ltATIONIIIlYII'IIItHtiO ()trf •ANA YA01 CW fliCYCUO ,..,_, 

84-978 - 95 - 14 
406 

POTAV ATOM~ iNDIAN iiiAT.!ON INC. .'\K,-\ fluk<1a;nn lln · u! l'r 1'\\IIIWioll\)lnl h uJiun s 

Tch.•Jtlll'ltl' tiJfi·1£:l·O:I:! 31ti16-11Z·7Ull 

September 3, 1992 RECEI\':::0 SCP o ~ 1992 

Holly 1\ec:ord 

Branch of Ac:kno~ledgment 

and Reeearch 1649 c street, N.W. 

Mail Stop 2612-MlB 

Waah1ngton , D. C. 20240 

Dear M• • Record : 

on behalf aa k ad to yourselves 

Potawatomi 

of Potawatomi Ind i an Nation, Inc. · (PINI) , I have been 

correspond to you in regar~s to communicat i ons from 

to our tribal ch~i peraon tor t he Pokagon Band of 

Indians , Dan iel Rapp. 

It ia our uncleratanding that it was conveyed to Hr. !lapp that 

there was a reque•t that we agree to waive our twelve-month · wa i ting priod from the point of active conside ra tion and, rather , · 

agree to an eighteen-month time period. To assist our Board of 

Di rectors, could you please clarify this requ~st. 

Thank you for your antic i pa t ed cooperation. 

(s/ 

John N. Low Tribal Attorney, on behalf 

of the Board of Directors 

cc : Congroasman Fred Upton 

PINI 

bpa s Con9r•eaman Fred Upton , Con•ti t uent Servicee 

I underatand that the above offer wae made verbally to Hr, 

!lapp with the understanding that if we agreed to the 

extenaion of the time period for completion of conaideration 

from 12 to 18 montha, that ve would be placed on ac:ti ve 

c:onaideretion commencing December, 1!192. If you think thia 

ia feaaible end in our beat intereat to do ao, pleaae adviaa. 

Thank yo·\1· 

John N. Low 
407 

l.'nitecl States Department of the Interior 

Acknowledgment 

Mr. Daniel Rapp 

lti-IH>\1- rq: 1'111.\' Al·l'AIIl' 

\\ ,~ .. hlfii!Tnl' !I { JO.! ),', 

Research 

OCT 2 7 J992 

Potnwatorni Indian Nation, Inc. 

53237 Town Hall Road 

Dowagiac, Michigan 49047 

Dear Mr. Rapp: 

On August 12, 1992 Mr. William Church visited our office on behalf of your group. The discussion concerned the date your 

petition could be placed on active consideration. We offered to 

place the Pokagon Band of Potawatomi Indians on active 

consideration as soon as possible providing you would agree to waive the 12-month consideration period and allow us to extend 

the active consideration period to 18 months. During the meeting we requested a response as soon as possible. On September 9, 

1992 we recieved a letter from your attorney, Mr. John W. Low, 

requesting that our office clarify this request. We regret to inform you that we must withdraw the offer because another group 

provided our office with a fully documented petition. At this 

point your group is second in line to go on active consideration. 

If you have any questions, please contact our office. 

Sincerely, 

J l I' ('I \ £)' • / 0 . ~'~ <;.~{/)(_~~- 7'--t-<-A< c--.·(./ 

Chief, Brahth of Acknowledgment 

and Research 
408 

Mr. ABERCROMBIE. Do they say that formally, too? What do they 

mean who goes to funerals or marriages? 

Mr. KEEDY. Those are the questions that you get when you talk 

about your tribal history. Those are the questions that they ask 

like in the obvious deficiency letters they send after you submit 

your documentation to them. 

They come back with a letter of obvious deficiency saying you 

have not listed patterns of social interaction in your petition. That 

is an obvious deficiency in your petition. 

Mr. ABERCROMBIE. Is that a formal part of it? I didn't understand 

that to be the case. Are you saying that out-marriage is considered 

by the Bureau of Acknowledgement and Research as grounds for 

saying that the tribe no longer exists or has been obliterated in 

such a way as not to be recognizable? 

Mr. KEEDY. Those are the things they look at. They look at marriages and that is why they want the census. 

Mr. ABERCROMBIE. Is that part of the formal law or rules and 

regulations? That is nonsense. 

Mr. KEEDY. They don't say that in the regulations, but that is 

the way they interpret them. 

Mr. SHAWA. There are very few formal rules in the BAR. There 

is a policy that might be there because it is administratively created. 

Mr. ABERCROMBIE. I understand. I hope no one appears from the 

Department of Interior BAR in front of me and starts raising that. 

Mr. SHAWA. These are the questions they ask. 

Mr. ABERCROMBIE. They should not. That is foolish. Let you get 

a little bit more land and you watch how many people all of a sudden start running back trying to say oh, yes, well, my great uncle 

got over the fence and all of a sudden-you know, now that the Hawaiians have made a little bit with what we call ceded lands, lands 

ceded to the government, and now they are getting an income and 

we are starting to settle the money, you should see the scramble 

of people trying to show they are 1-28th Hawaiian. People who 

would never admit to it before are now running all around trying 

to figure out-1 mean people who look like me trying to pretend 

that they are full-blooded Hawaiian or something like that. In their 

dreams maybe. 

Anyway, Mr. Keedy, as far as I can see, that has no legitimacy. 

The assimilation by definition from my point of view is a sociological phenomenon. It has nothing to do with legal or political rights 

or wrongs. 

Well, it could have a lot to do with wrongs, but in terms of legal 

rights, that is immaterial. 

It is like saying, you know, you wear a tie. I have this tie on as 

a courtesy to the institution and recognition of the institution as 

the means by which we conduct our business in a civil manner 

with one another. 

I have gifts of necklaces given to me by my Hawaiian brethren 

and we have in Hawaii a phenomenon where people can be adopted 

formally and informally. It would strike some people as odd or not 

upholding family values as is understood by certain groups in this 

country. I would wear that out of courtesy. They understand why 

I have this tie on that is choking me here today. I understand why 
409 

I have it. Everybody in Hawaii understands why I get rid of it as 

soon as I can. 

That is immaterial. That is assimilation. There is nothing wrong 

with that. That shows basic courtesy from one group to another or 

one person to another or one institution to another. You have a suit 

and tie on today. That is immaterial. That has nothing to do with 

the historic political rights of a tribe or an individual within a tribe 

or organization or a group. I trust you agree with that. 

Mr. KEEDY. Absolutely. Mr. ABERCROMBIE. You said it was a philosophical discussion 

that took place or Mr. Church maybe said it was a philosophical 

discussion. I am quite willing to discuss philosophy or theology, for 

that matter, at any time. But I don't think that necessarily has to 

then rule. It may be helpful. It may be illuminating. It may offer 

perspective. But it doesn't offer a definitive course of political action and that is what we are here about in this committee. 

Mr. KEEDY. I concur 100 percent, Mr. Chairman. The only final 

point I have is that we have, from this panel and the other panels 

groups at various stages. For example, the Pokagan Band has completed the process, but they have been waiting since 1988 to hear 

a result from the Branch of Acknowledgement and ~esearch. 

But because of the political relationship that we documented in 

the earlier panel, and these are all bands of the same tribes and 

some are recognized and some are not, they should all be recognized. That is what we ask. 

Thank you. 

Mr. ABERCROMBIE. The Michigan Indian Legal Services, can you 

give me, for the record, what your charter is? In other words, what 

is your basis of existence? 

Mr. KEEDY. We were organized in the mid-1970s by the Michigan Commission on Indian Affairs. 

Mr. ABERCROMBIE. Is that a State organization? 

Mr. KEEDY. Yes. They did not form us, but they were the impetus for forming us. They formed a nonprofit organization. Our charter, really, is to help the Indian population of Michigan attain treaty rights, statutory rights, basically those kind of problems. 

We do now receive funding from the Legal Services Corporation. 

That limits our services primarily to people whose income is below 

the poverty level. 

Mr. ABERCROMBIE. Have you dealt with the question of those 

who may be members of the tribe, and here I am not going to deal 

with blood quantum questions, you know, 1-28th, 50 percent, all 

those kind of things. · Let's just assume for conversation's sake that anyone who can, 

for example with the Hawaiians, trace their ancestry on either side 

to the time of the arrival of Captain Cook in the Islands, which was 

the first real contact with westerners, anybody who can trace that 

and there is a very strong oral history, I presume there is a strong 

oral history here as well. 

So that it is possible to trace really quite a significant number 

of generations back simply by oral history. 

What about people who live outside the geographic boundaries of 

Michigan? Do you take up the question as to what their rights may 

or may not be? I guess a better question is: Are you prepared to 
410 

represent them as well even if they are not residing actually within 

the borders of Michigan? 

Mr. KEEDY. I think indirectly, because we represent the bands, 

the tribes in Michigan, that some of them do have members in 

other States. But our representation is primarily just to people or 

organizations in Michigan. 

Mr. ABERCROMBIE. But at some point then one would have to 

take up the question of if there was, any one of a series of activities 

that might take place, health care, land distribution, income dispersal, programs of one kind or another that might be established 

either internally or by external application of Federal law. 

I raise that question again because it is clear to me coming from 

Hawaii that we are going to have to in the end deal with questions 

of those Hawaiians who have been dispersed away from Hawaii for 

one reason or another. 

What precisely then is their relationship to the income that is 

now accruing? What is their relationship to the possibility of getting land under the Hawaiian Homes Act? 

Mr. CHURCH. We tribes might be better able to answer that. I 

think what you are asking is do you not only have a long and true 

oral history, but can you write it down? The answer is: Each one 

of these tribes can. 

We all have membership criteria that is based on treaties. Some 

are more liberal than others. Some have various blood quantums 

and sometimes those come under the treaties themselves. But we 

all have those. 

To answer your question about out-of-State questions, one of the 

informal questions that the BAR asked, they have been drawing a 

smaller and smaller net around what the community is for the last 

few years. It does not show up in any of the written policies, but 

it comes up in private conversations. 

So that community now is almost to be defined as those that regularly do business with your tribe or come back to funerals or have 

dinners or some such way. It is the only type of definition that is 

there. 

Mr. ABERCROMBIE. The reason I brought that up is that I reject 

that. I think it should be handled intra-tribally. 

Mr. CHURCH. It is difficult for us because we have a couple of 

members who married-we have a lot of missionary type persons 

who come out of our tribe, because they were created by the missions-who moved out of State and then they get parked out in 

South Dakota or somewhere and then their husbands die and, you 

know, they are part of that community. 

Well, we have made them part of our band. It is an extended 

piece. It kind of flies in the face of what the Bureau wants to do, 

but they are still our families. 

Mr. ABERCROMBIE. I understand. I didn't mean for you to have 

to give a definitive comment today. I merely raised the issue that 

at some point all tribes will have to deal with that question, I believe, internally. 

I believe it is a question to be decided by the tribes themselves 

as to how you deal with those who have been dispersed. Again, I 

find it ironic that we seem to be so concerned about others, Pal-
411 

estinians, Israelis, et cetera, who have been dispersed throughout 

the world. I am all for dealing with that. 

I mean some of my ancestors were dispersed, too, the Scots and 

the Irish were pushed out because of what the English did. I don't 

blame the average person in England now. I would not belong to 

the Conservative Party anyway. 

So we got kicked off our lands in Scotland because English landlords came in and ran people off so they could put sheep in there. 

I am proud of the fact that I think some of my ancestors had to 

leave Scotland because they were accused of killing the sheep of 

English landlords. I hope they got nice coats and ate hardy out of 

them. Maybe they should have killed the two-legged animals instead of the four-legged animals. 

Mr. CHURCH. We tried that and it didn't work. 

Mr. ABERCROMBIE. Maybe some had to leave for that reason, too. 

What I am saying is that everybody in the world has a history 

where they can show oppression and injustice, I think. 

Our duty here today, it seems to me then, is to try not to make 

up for it but to deal with things as they are today and to try to 

help each other to lead just lives in which we don't continue oppression or continue the legacy of oppression. 

My final point is, with respect to those who may not be in Michigan proper today. I mean after all those boundaries were all arbitrarily drawn, too. You may have people in Canada. I mean if you 

are up in Michigan, for all I know, the bands here, the five tribes, 

may exist as the Kurds do today across all these arbitrary borders 

that were drawn in the Middle East by colonial powers. 

Mr. ALEXIS. Mr. Chairman, right now we do have that situation 

in relation to the Pokagon Band who have members and the band 

itself has members in the State of Michigan and members in the 

State of Indiana and provides services to its members in six counties in Indiana and four counties in Michigan. 

It has an office on campus of the University of Notre Dame and 

also their main offices in Dowagiac, their main offices. There are 

tribal members who live on Mawpoll Island which is in Canada. 

We internally are having to discuss the same issues that you are 

talking about. 

Mr. ABERCROMBIE. You need not necessarily go on the record, but 

I take it from what you are saying that the problem is understood. 

Mr. ALEXIS. Right, the problem is understood. 

Mr. ABERCROMBIE. Right. In fact, I take that back. It is not a 

problem. It is not a problem. The opportunity is understood. 

Mr. ALEXIS. Right. The opportunity is understood. One other little comment I would like to make for the record, and I don't think 

anybody has mentioned it, each one of these groups at one time 

had been-maybe was one of the reasons they looked at not giving 

them recognition-each one of these groups acted as tribes and 

each one of them presently, right now, have their own land which 

is something that each one of them has done in different ways, 

whether it was securing it back from a church who had it or whether it was purchasing the land themselves and doing it in common, 

but they all have land now. 
412 

Those are really some things to look at, the community, the 

things these people do, the tribal initiatives that they have taken 

on. 

Mr. ABERCROMBIE. And they are self-defined? 

Mr. ALEXIS. Right. 

Mr. ABERCROMBIE. Mr. Keedy, do you have anything else at this 

point? 

Mr. KEEDY. No, sir. Thank you. 

Mr. ABERCROMBIE. Mr. Church. 

Mr. CHURCH. When attorneys deal with us from Michigan, it has 

been a custom to look at the 1833 treaties and the 1836 treaties 

and divide groups into two distinct camps as if all of the Indians 

were moved out of the lower area that were not taken care of by 

the 1833 treaty. 

I think one of the things that we are just now able to develop 

and patch together is that there is a third category. The third category are those groups that were excepted from the 1833 treaty 

that were supposed to have payment sites up north-it didn't work 

out-and were created by the War Department into specific colonies in the Lower Grand River. Those Lower Grand River colonies, then, are the ones that we 

represent. Two of them failed. They were all conglomerated into 

one and are still there in and that land, we, maintain, has never 

been out of our possession. 

That is why we say we have trade and intercourse violation on 

this piece of ground and we have just been snowed under by the 

paperwork and sometimes by the bulk of the claims of the Indians 

on either side of us. 

So our brothers have been working through their problems for 

years and years and ours has been sitting on the back burner. I 

am here to say that there are three distinct categories of Indians 

even though there are two treaties. 

Mr. ABERCROMBIE. I understand your point. I can assure you 

that that will not only be part of the record, but will be taken into 

consideration by Chairman Richardson on this committee and the 

Interior Committee on whatever action we take. 

Mr. ALEXIS. I would like to make a last comment. I appreciate 

your giving us the opportunity to submit the Holtz report and also 

the treaties for the record. We will make sure that we do that within the next week. 

Mr. ABERCROMBIE. I would say in conclusion, don't fear to give 

too much information. I have never been involved in any legislative 

activity, particularly in the Congress, yet in which there was any 

such thing as too much information. If you think something even 

peripherally might be important, make sure it comes in and say 

why you think it is there. 

Otherwise, somebody, just as sure as I am sitting here, will say 

I didn't know anything about that. That was not part of the record. 

It is too bad you didn't submit that. Believe me, when they talk 

about submitting for the record, that is not a pro forma record. Everything that is in there is gone over in fine detail by staff and 

committee when conclusions are referred. 

The people here are serious about their undertakings. They are 

serious about their responsibilities. I can assure you that your ef-
413 

forts here today will not go into a void somewhere or go into limbo. Everything that has been said here today, everything that has been 

submitted, everything that is implied will be gone into and taken 

up in short order. With that, then, I will conclude this hearing and say mahalo, 

thank you very much for being here today and good luck. 

[Whereupon, at 12:12 p.m., the subcommittee was adjourned.] 

APPENDIX 

SEPTEMBER 17, 1993 

ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD 

OPENING STATEMENT 

ON 

HR 878 AND HR 2376 

I believe that my views on legislative recognition outside the BIA process are well known, 

so I will keep my comments brief. While I deeply appreciate the unique problems faced 

by native american groups in this country which lead them to pursue federal acknowledgement, I have grave concerns about the two bills we will be examining today. 

Despite the authors' attempts to veil these bills in restoration language, it is clear that the 

principal objective of these bills is to grant federal recognition to Indian groups not 

previOU!IIy formally acknowledged as tribes on a government-to-government level - the 

Pokagon Band of Potowatomi and two Bands of the Anishnabek. 

Uke any tribe, the groups sought to be brought under the purview of these bills should 

have a full opportunity to make their cases for federal acknowledgment. In my view, however, in the absence of highly unusual extenuating circumstances not present here, the 

only proper way to do so is through the established recognition process that is carried 

out by the Bureau of Indian Affairs pursuant to 25 C.F.R. § 83. 

I can understand the frustration of those who feel that the Bureau's review process moves 

too slowly. I do not, however, believe that the proper way to address this concern is to 

circumvent the established administrative procedures. It is unfair both to those tribes who 

have successfully completed the recognition process and to those groups with equally 

meritorious claims who are pursuing recognition through the proper channels. 

In addition, legislative recognition replaces the standardized with the arbitrary; historical 

merits examined by objective and neutral professionals are supplanted by emotional 

arguments, influential sponsors, and the partisan nature of this institution. The result is 

a lack of uniformity which dilutes the concept of tribal sovereignty and the government-togovernment relationship between the tribes and the United States. 

The increasing frequency with which we bypass established administrative processes in 

favor of the •quick-fix" of congressional recognition serves to subvert the federal acknowledgment program by encouraging other groups to do the same. The work of this 

committee confirms this disturbing trend. An ever-expanding number of Indian groups 

come before us, each contending that its case is accompanied by "unique" special 

circumstances entitling it to skirt the acknowledgement process. 

(415) 
416 

Although some have petitions pending with the BIA, others have made only cursory 

attempts to seek administrative recognition, seeming to prefer instead the legislative 

alternative. For example, according to the BIA the little Traverse Bay Band has only 

submitted a letter of intent to petition (Septem~. 1989), as has the Utile River Band 

(June, 1991). More to their credit, the Pokagon Band has a completed petition on file 

which is about to be placed under active consideration. 

Each tribe that comes before us today argues that it has experienced some unique 

historic event which entitles it to preference over aH other tribes seeking acknowledgement through the BIA and which compels the bestowing of legislative recognition. 

But Mr. Chairman, I can think of no norvecognized Native American group that cannot 

lay claim to some unique past hardship as a rationale for coming before this subcommittee. Should they all be legislatively acknowledged as a result, and if not, where do we 

draw the line between those that should and those that should not? 

There are many who argue that congressional recognition is compelled by the length of 

the petition process and the money required to complete it But if that process is unnecessarily cumbersome or protracted, then it is towards its reform that we should tum 

our attention. Mr. Chairman, we would be best served by taking up consideration of 

legislation to overhaul the process, rather than circumventing it entirely with piecemeal 

legislative recognition. 

H the Majority is correct that the BIA FAP process is so cumbersome that it is unfair to 

make groups such as the Odawa or the L.umbee go through it then it is equally unfair 

to make any other nonrecognized group do so. If this subcommittee continues to move 

recognition legislation forward based on this premise, then I wiU accede to the Democrats' 

argument and introduce separate bills to legislatively recognize each of the 101 groups 

presently in the BIA process. We wil then see what becomes of the Majority's 

arguments. 

Thank you, Mr. Chairman. 
417 

TESTIMONY OF CONGRESSMAN DALE E. KILDEE ON H.R. 2376 

LEGISLATION TO REAFFIRM mE GOVERNMENT-TOGOVERNMENT RELATIONSHIP 

BETWEEN THE UNITED STATES OF AMERICA 

AND mE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS AND 

mE LITTLE RIVER BAND OF OTTAWA INDIANS 

SUB.MITTED TO THE HOUSE NATURAL RESOURCES 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

FRIDAY, SEPTEMBER 17, 1993 
418 

Mr. Chainnan and members of the Committee, thank you for allowing me the 

opportunity to submit this testimony on H.R. 2376, a bill which I have introduced along 

with Congressmen Peter Hoekstra and Dave Camp, to reaffinn the government-togovernment relations between the government of the United States and the Little Traverse 

Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians. 

I use the word reaffmn rather than recognize because historical documentation proves 

that these tribes have, in fact, had fonnal government-to-government relations with the 

United States from the time Americans ftrst entered the Great Lakes region to the present. 

It is simply the legal status of that relationship that we seek to reaffinn through this 

legislation. 

Both these tribes have treaty relations with the United States. They entered into treaties 

in 1795, 1803, 1821 , 1836 and 1855 as signatories from the "Ottawa and Chippewa" nation. Politically, there was never a statewide Ottawa tribe or Ottawa and Chippewa Tribe. 

The individual bands of Ottawa have always been the political tribal entities. However, for 

expediency in treaty maldng, the federal government created an "Ottawa and Chippewa" 

tribe. Anicle 5 of the 1855 treaty dissolved this artificial organization and reaffmned the 

tribal status of the individual bands. The tribes' current non-recognized status resulted, in 

part, when Anicle 5 was incorrectly interpreted as "tenninating" the bands' tribal status by a 

few Bureau of Indian Affairs employees in the 1870's. That incorrect interpretation 

gradually became Bureau policy. Federal court decisions and the BIA's own recognition of 

three other Chippewa and Ottawa tribal signatories of that treaty prove that the 1855 treaty 

did not terminate the tribal status of the Ottawa bands. In addition, historic records are replete with evidence of continuing political dealings 

between the tribes and the federal government from the time of the 1855 treaty to the 

present. Indian Agents and other federal officials are charged with protecting the property and 

other rights guaranteed these tribes under treaty. However, the federal government did not, 

in many cases, fulfill it's responsibility. Due to this oversight, the tribes were illegally 

dispossessed of most of the lands reserved for the tribes under the 1855 treaty. In addition, 

federal Indian services guaranteed them were either never provided or were gradually 

withdrawn. The tribes have continued to petition the federal government for recognition and 

enforcement of these rights ever since. 

In an effort to restore many of the federal services wrongfuUy denied them, and to 

acquire additional lands, both tribes petitioned to reorganize their governments under the 

Indian Reorganization Act in 1935. Despite the fact their local BIA Superintendent had 

assisted them iii obtaining options to purchase 7,000 acres of land, and despite the fact that 

John Collier supported their recognition efforts, Congress refused to appropriate the funds 

necessary to acquire the land base for the tribes. In an even more disreputable move, 

despite the fact that the BIA continued to administer trust lands for members of the Tribes, 

the BIA used the tribe's purported lack of a land base as a justification to deny them 

reorganization assistance under the Indian Reorganization Act. In addition, although BIA personnel maintained that the tribes had been terminated, the 

agency continued to provide services to members of the bands and, as recently as 1976, 

Commissioner of Indian Affairs, Morris Thompson, acknowledged that the tribes were • functioning as or at least are accepted as tribal political entities by the Minneapolis Area 

and Great Lakes Agency". 

This legislation merely seeks to confmn "in law" the legal status of these Tribes, which 

has been continuously recognized "in fact" by other federaUy-recognized tribal governments, 

state and local governments, the Bureau of Indian Affairs and the Congress. 

It is appropriate and necessary for these tribes to seek reaffmnation of their political 

relationship with the federal government through this legislation rather than the Federal 

Acknowledgement Process administered by the BIA's Branch of Acknowledgement and 

Research (BAR). Mr. Bud Shepard, former chief of the BIA's Branch of Acknowledgement 
The Honorable Dale E. Kildee 

September i7, 1993 

Page 2 

419 

and Research, who helped draft the current regulations, has testified on several occasions 

before the House Interior and Insular Affairs Committee that this process was never intended 

to apply to treaty tribes which have been previously acknowledged. At oversight hearings 

conducted September 15, 1992, by the House Interior and Insular Affairs Committee 

concerning the Federal Acknowledgement Process, it was the unanimous opinion of the 

experts testifying that the process as currently administered is arbitrary and unworkable. 

It would be manifestly unjust to require these two tribes to submit to the expensive and 

lengthy Federal Acknowledgement Process administered by the BIA. These tribes have 

been petitioning the United States Government for reaffmnation and enforcement of their 

treaty guarantee rights for over 100 years. At the current rate of progress, these tribes will 

be forced to wait at least another 50 years before their petitions are acted upon at the BAR. 

Based on their documented, continuous political dealings with, and acknowledgement by, the 

United States, these should already be included on the BIA's list of federally recognized 

tribes. 

Mr. Chairman, many of the witnesses and tribal members present today are the children 

and grandchildren of tribal leaders who have tirelessly petitioned Washington in the past. 

Too many generations of tribal leaders have been forced to struggle just to get the 

government to recognize and enforce the promises made to their tribes. The time to 

acknowledge our obligations to these tribes is long overdue. This legislation will permit this 

and future generations of tribal leaders to move on to the more pressing problems of 

providing for the economic and social welfare of their people. For these reasons, I urge my 

colleagues to support this most important legislation and I am committed to working for the 

enactment of this legislation in the 103rd Congress. Towards this end, I have requested 

Chairman Richardson to schedule H.R. 2376 for markup at his earliest convenience. 

I would also like to take this opportunity to express my support for H.R. 868, as introduced 

by my colleague Fred Upton, to restore federal services to the Pokagon Band of 

Potawatomis, as well as the commendable efforts of the other tribes seeking recognition 

before this committee. 
420 

STATEMENT OF CONGRESSMAN FRED UPTON 

HOUSE SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

REGARDING FEDERAL RECOGNITION OF MICHIGAN INDIAN TRIBES 

INCLUDING HR 878--

RESTORING FEDERAL SERVICES TO POKAGON BAND OF POTAWATOMIS 

SEPTEMBER 17, 1993 

Mr. Chairman. Thank you for holding this hearing on HR 878 -- to restore federal 

services to the Pokagon Band of Potawatomi Indians; HR 2376 -- to reaffirm and clarify 

the federal relationships of the Little Traverse Bay Bands of Odawa Indians and the 

Little River Band of Ottawa Indians as distinct federally recognized Indian tribes; and 

issues relating to the federal recognition status of Michigan's Indian tribes. I applaud 

your long-standing record of leadership on issues relating to Native Americans. I applaud 

your willingness to fully examine the circumstances of the various Michigan tribes in this 

hearing today. 

I strongly believe that the federal government's refusal to formally recognize 

Michigan's lower peninsula tribes under the 1934 Indian Reorganization Act is one of 

the most glaring uncorrected injustices in this country's history of unjust treatment of 

Native Americans. If enacted, HR 878, which I have introduced with Representative 

Tim Roemer, and HR 2376, which Representative Dale Kildee has sponsored, would 

correct this situation. In the other chamber, Michigan Senator Riegle has introduced a 

companion to HR 878 -- S 1066; and Michigan Senator Levin has introduce a companion 

to HR 2376 -- S 1357. I support all of these bills, and urge the House Subcommittee to 

consider and approve them as quickly as possible. In the case of these Michigan tribes, 

justice delayed truly is justice denied. 

I will confine the rest of my remarks specifically to the case of the Pokagon 

Potawatomis whose approximately 3000 members that live primarily in Representative 

Roemer's and my Congressional districts. In February, at the start of the session of the 

103rd Congress, Congressman Tim Roemer and I reintroduced HR 878, a bill we had 

first introduced at the very end of the 102nd Congress to restore federal services to the 

Pokagon Band of the Potawatomi Indians. This bipartisan legislation would formally 

establish that the government of the United States of America recognizes the tribal 

government and people of the Pokagon Band of Potawatomis. The formal recognition 

that this government-to-government arrangement embodies would ensure that the 

Pokagon Band of Potawatomis finally receives the fair and equitable treatment that has 

been Jacking in our government's policy toward the Potawatomis. 

It is no secret that our nation's treatment of Native Americans has not been 

exemplary. In fact, it has too often been the opposite. The treatment of the 

Potawatomis has certainly been no exception. The most serious inequity is that the 

federal government has arbitrarily excluded the Pokagon Band from federal recognitior 

This recognition is important because it would ;~ ke the tribe and its members in 

southern Michigan and northern Indiana eligible for federal Indian programs and 
421 

services to which their ancestors in the early 1800's were once entitled. These 

programs -- including education, health, housing, and economic development -- would 

have a positive impact on tribal members, many of whom are poor. These programs 

would give tribal members a chance to succeed and enrich not just their own lives but 

those of fellow community members. 

But more than that, affirming formal federal recognition would restore fairness 

and legitimacy to the recognition process and to the government's treatment of the 

Pokagons. Under the 1934 Indian Reorganization Act, tribes not receiving federal 

services were authorized to petition the government for federal recognition. In 1940 the 

Pokagon Band was turned down because federal officials decided their case not on the 

merits but simply because they did not want to extend recognition to tribes in the lower 

peninsula. It did not matter that other bands of Potawatomis do have federal 

recognition. 

The time is long overdue for the Pokagon band of Potawatomis to join the league 

of Indian nations recognized by the United States. It would elevate the relationship 

between the United States government and the tribal government, as well as between the 

Pokagons and previously recognized tribes, to the appropriate level of respect. More 

than just program eligibility, recognition entails a trust relationship as described by 

decision written by the former Supreme Court Chief Justice John Marshall in the 19th 

Century. 

The Potawatomis have a long and proud history in the area we now know as 

northern Indiana and southwestern Michigan. They inhabited the St. Joseph River basin 

as well as Northern Illinois and Wisconsin long before European explorers discovered 

America. As other Native Americans and even other Potawatomi bands were being 

removed west of the Mississippi River, Leopold Pokagon shrewdly negotiated an 

exception to the 1833 Treaty of Chicago that permitted his Potawatomi band to stay in 

the Michiana region. The Pokagon band has been an integral part of the development 

of this region ever since. Many names of natural features and even cities like Dowagiac 

("Place of Plenty") and Kalamazoo ("Boiling Water") are from the Potawatomi language. 

Tribal tradition holds that they donated the land to establish the University of Notre 

Dame in South Bend. Other churches throughout the area were also started by land 

grants from the Potawatomis. Throughout the 19th and 20th century, many outstanding 

Potawatomi individuals have contributed to the development of the communities of our 

region. To this day, schoolchildren in Michiana read and learn about the history of the 

Potawatomis in the area. 

Congressman Roemer and I are pushing this legislation because we are frustrated 

by the Department of Interior's administrative process for recognition. The Pokagon 

Band of Potawatomis restarted their drive for recognition in 1981. Even though boxes 

and boxes of materials have been submitted, very little real progress has been made. 

For the last two years, efforts have been at a standstill. The Pokagons have been ready 

to go under the stage called "active consideration." My staff, their tribal leadership; and 

2 
422 

even the House Interior Committee staff on at least one occasion have been told 

throughout those two years that it will be just another month before active consideration 

happens - but it never happens and still has not happened. Only one or two tribes per 

year get placed on active consideration, and other tribes keep bumping the Pokagons 

from this necessary review even though the Pokagons' application has been ready far 

longer. In fact, the Bureau's most recent quarterly status report indicated that instead of 

being closer to active review after a full two years of waiting, they sunk from first to 

fourth on the list. A review of the petitions which appear to be nearly ready to be 

eligible for active consideration indicates that they will continue to sink lower on the 

waiting list. 

We have come to the conclusion that the administrative process is fundamentally 

flawed and broken. ·We are not alone in that assessment. A panel of experts before this 

Congressional Subcommittee on the current recognition process unanimously concluded 

last year that the process it is arbitrary and unworkable. For this reason, we are turning 

to the legislative process for progress. We are now appealing to other Congressional 

legislators' sense of fairness and justice to restore federal services and affirm federal 

recognition to the Pokagon Potawatomis. It seems we have no place left to turn. Since 

these administrative procedures have been set up in 1978, more tribes have been 

recognized by legislation than through this process. At the current rate of administrative 

review, it could be well into the 21st century before all the reviews for pending tribes are 

considered. This is a terrible state of affairs; and to wait for the system to be fixed 

someday in the future is also not fair for a group that has waited far too long already. 

Furthermore, as the representatives of the Michigan Indian Legal Services will 

point out in greater detail, there is some question whether tribes which had been parties 

to treaties with the United States, like the Pokagon Band of Potawatomis, should even 

have to submit to the rigorous analysis of administrative recognition process set up in 

1978. As a signatory to 11 treaties from 1795 through 1833, the Pokagon Band were 

regarded as federally recognized tribes and received federal services, payments and 

annuities at various times from the United States government because of this status. In 

this light, the administrative process is almost like a re·recognition of a relationship 

which already exists. In fact only 8 of the approximately 300 recognized tribes in this 

country were recognized by the administrative process, and more tribes have actually 

been recognized by legislation than through the administrative process since 1978. 

In the mid-1930's, the Pokagons petitioned the federal government to reorganize 

under the Indian Reorganization Act of 1934. However, the Pokagons were unfairly and 

arbitrarily rejected in their petition due simply to their location in the lower Peninsula of 

Michigan. There was no law or executive order that terminated the Pokagons status as 

federally recognized tribe. The government justified the denial of reorganization entirely 

on a lack of funding. Since Congress has never delegated the authority for the Executive 

Branch to terminate a tribes legitimate status and relationship with a tribe, I believe that 

the government should be able to simple restore federal services in full force and effect 

to the Pokagon's because the government's trust status with this treaty tribe was never 

3 
423 

relinquished. Nonetheless, it seems that legislation like HR 878 to clarify this intent and 

will of Congress will be necessary before services will resume. 

What is most frustrating is that the Pokagon Potawatomis' case for recognition 

even under the criteria of the administrative process is almost textbook clear. Even 

Indian Affairs officials would admit that their grounds for recognition appear sound. 

The Pokagon Band meets all of the criteria and requirements including tracing its roots 

to before the Europeans landed, inhabiting a distinct area, maintaining a continual tribal 

influence over its members, and documenting a history of federal government treatment 

of the tribe as a distinct entity in court cases, treaties, and letters stretching back to 1795. 

These contacts and all of evidence necessary for federal recognition are extensively 

documented by the Michigan Indian Legal Services, and in the material presented to the 

Bureau. 

I must conclude that at this point, it seems manifestly unfair to make the 

Potawatomis wait until however long it may take to fix the Department of Interior's 

process. I am certainly more than willing to work with the Subcommittee Members to 

help resolve any outstanding questions about the specifics of the legislation, and urge 

that we all push for the quick enactment of recognition legislation. 

4 
424 

SEP-16-93 THU 6:49 CU HISTORY DEPT FAX 00. 3034921868 P. 01 

~ lTni~ersitY of Colorado at Boulder 

Departra.tnt or Hbtor1 

204 Hdk1111 ClltlpUS Box 2:W 8ouldrr, Colt'n4o 80300-023• (30J) <92-6613 PAX: {)03) 49%·1861 

Hon William RICHARDSON, Chairman 

Subcommittee on Native American Affairs 

Committee on Natural Resources 

B-308 Rayburn Office Building liashington, D.c. 

Dear Chairman Richardson: 

September 14, 1993 

This letter is to give my strong support on behalf of the Little 

Traverse Bay and Little River Bands of Odawa Indians in their 

efforts to secure the passage of H.R. 2376 and s. 1357 which would 

clarify their ·status aa federally recognized . Indian nations and 

reaffirm the legal and political relationships which thQy formerly 

enjoyed with the United States. 

Never has there been such a clear ease of malfeasance and misadministration in th~ dealings of the United States with Indian 

nations. These bands once controlled t~e major parte of the Great 

Lakes region and had treaties with France and England long before 

the founding of the United States. In post-Revolutionary decades 

the Odawa and their allies po.ssessed qreat land areas and constituted a powerful military force in what was then .known a• the old 

Northwest. Their representatives were present at numerous treat~ 

n·eq9tJ;at·J.-on!!- held-by -the· Chippewa;·-Odawa·- arid Patawatomi ~h-e- famous

~Th~e~ Fi~~a• ~onfederacr· Indeed it ~as ~a presence of the~e 

I~dian nations that inspLred the classic phrasing in the ordLnance 

of 1787 wherein the United Stab>s promised to exercise tha "utmo!ilt 

good faith" ·in dealing with the Indian nationa. 

Sadly that promise has not been kept and to the great embarrass• 

ment of Indian historians and legal scholars the. Bureau of Indian 

Affairs has been placed in the position of demanding that two 

bands of Indians having indisputable proof of federal recognition 

in formally ratified treaties of 1836 and 1855 now come forward 

and prove that they are Indians. Thi!it situation is not simply an injustice of major proportions, it is a travesty of logic that 

bogqles the rational mind. Treaty recognition is the highest form 

ot diplomatic status - for decades the United States debated the 

question of the recognition of Communist .China and when President 

Nixon finally did visit China to arranqe trade agreements, it was not necessary for the Chinese leaders to prove their ethnic or racial identity. If signing a treaty which is then subsequently 

ratified by the United States Senate and proclaimed by the chief 
425 

SEP-16-93 THU 6:50 CU HISTORY DEPT FAX NO. 3034921868 P. 02 

-2-

executive officer of the United States is not a recognition of 

the status of a nation - any nation - then there is no process by 

which nations contract with each other diplomatically. 

For many years no1~ these two bands of Odawa have had to raise funds, 

seek federal agency grants and foundation largess in order to com- pile documentation which states what is already a matter of public record and, if we are to read the Co~stitution clearly, a part of 

the supreme law of the land. The Odawa "lost" their federal rights to sez:vices simply because lo·~ level federal bureaucrats refused to carry out their responsibilities. This injustice has been corn- pounded recently by the requirement that the Odawa satisfy the 

curiosity of another generation of federal bureaucrats who spsnd 

their time unnecessarily compoundi~g the complexities which they 

have themselves devised in order to perpetuate tha office of Federal 

Recognition. 

In the course of American history there have been at least one hundred treaties in which a multiplicity of tribes and bands were participants. In very 'few cases have federal bureaucrats decided to arbitrarily el<clude signatory parties to these treaties because 

they wished the member of those bands to take up farming or to manage their property by themselves. If we would draw a comparison to other Indian nations appearing as signatory parties to treaties, 

it would be ludicrous to argue that federal bureaucrats had the 

power to recognize the Oglalas and Brules but deny the Hunkpapae 

and Sar.s Arc bands of Sioux Indians from the 1869 treaty at Fort 

Laramie or to pretend that only the Puyallup but not tha Nisqually 

nation was a beneficiary of the 1954 Medicine Creek treaty or that 

the Cheyennes but not the Arapahoes were signatories receiving 

formal status in the Medicine Lodge treaty of 1867. 

The actions of the federal bureaucracy in denying immediate recognition to these bands of Odawa have destroyed the logical symmetry of treaty law and have placed Congress in the embarrassing position 

of allowing low level federal e:nployees to negate deliberate aotl 

of previous Congresses. The peril to existinq federally recognized 

Indians nations is apparent• if low level bur•aucrats can deny recognition to treaty signatories, the whole edifice of treaty and trust relationships depends on the emotional gtate of clerks in A 

minor federal agency and there is no law except the personal whims 

of the bureaucracy. In orcer to avoid this conclusion this committee must act immediately and decisively and forward this legi•lation, with its unqualified endorsement, to the floor of the House of 

Representatives for immediate passage. 

In 1871 the House of Representatives attached a rider to the Indian 

appropriation bill stating that henceforth no further treaties would or could be made with the Indian nations. Although the Senate at that time understood the rider as a limitation on the constitutional 

powers of the President of the United States, it receded and allowed 

the House language to be passed into law. Today we need the House 

of Representatives to live up to the responsibilities which it 

demanded in 1871 and to ensure that treaties made and ratified prior 
426 

SEP- 16-83 THU 6:50 CU HISTORY DEPT FAX 00. 3034921868 P. 03 

-3-

to that date are upheld in law in every detail. 

This subcommittee has the opportunity· today to take the lead in 

creating a new era in Indian legislation. As the subject of federal 

recognition has become more complicated with the reluctance of the 

Bureau of Indian Affairs to look at reasonable evidence and the 

historical record, other federal legislation is beginning to suffer a handciap as proposed bills must now make e~e provision for the 

unrecognized Indian nations. Thus in defining who ia an Indian for 

the purposes of preventing fraud in arts and crafts, a problem that 

deals essentially with cultaral integrity rather than political 

status, the existence of a group of federally unrecognized Indian 

communities creates the necessity of anticipating posaible conflicts 

in the definition of "India:t" for arts and crafts purpoces. Again, in the present hearings dealing with the religious freedom of American Indians, supporters of the legislation and representative• of 

federal agencies which would be affected by the proposed act muat 

consider the existence of living Indian traditional religions of 

Indian nations which do not presently have political recognition 

or, in the case of these bands, a clarification of existing trQaty 

status. 

As this committee meets today I must remain in Colorado where I am hostin:q a confQrance on "Indiana and Animals" where traditional 

religious practitioners are speaking of the relationship of human 

beings and specific animals. One of our major presenters in this 

conference is Mr. Simon Otto, an Odawa elder of the Little Traverse 

Band, and a perso~ recognized nationaly as a traditional expert on the deer. His knowledge and insights on this animal are invaluable 

and if we paid heed to the present posture of the Bureau of Indian 

Affairs, we could not invite this important traditional leader to 

be with us to share his wisdom - because the Bureau of Indian Affairs 

would not classify him as an Indian. 

It is past time that Congress once again took over control of the 

federal policy on American rndians and gave clear and incontestable 

instructions to the Bureau of Indian Affairs to expedite thia process of recognition and advance these treaty tribes to full political 

status. I believe a positive report on this legislation is imperative under the Ordinance of 1797 which in my studied view waa written 

precisely to assure the Odawa and other Indian nations of the old 

Northwest of the integrity of the preomises of the United States. 

Those promises, long delayed, but now be fulfilled. 

~V./,;:;.r~ Professor of Law, Polit History and Religious Studies, 

University of Colorado 

Boulder, Colorado 

Member• Standing Ro Tribe of North Dakota 
427 

Testimony of Daniel John Chingwa 

To the United States House Natural Resources Committee 

Subcommittee on Native American Affairs 

September 17,1993 

Good day Mr. Chairman, Members of the House Natural Resources Committee, honored 

guests, ladies and gentleman: 

I am Daniel John Chingwa, Project Director for Uttle Traverse Bay Bands of Odawa Indians 

(LTBB), in Petoskey, Michigan. I was born in the heart of my tribe's traditional homeland 

at Waganagisi, or Crooked Tree Place, and grew up in the town of Petoskey. Growing up 

Odawa was difficult. I heard my language in my home. My Grandfather told me the stories 

of my tribe, but this traditional knowledge was not valued in my school or any other non· 

Indian setting. The non-Indians discouraged the practice of our culture and tried to shame 

me and other Odawas my age into giving up our Indian identity. I and many others in my 

Uttle Traverse Bay community could not and did not abandon our heritage or our claim to 

tribal rights. 

The story of my life and my struggle to maintain my tribal identity is like so many others of 

my peers. I was born in 1959 into a family of 11 children. I attended St. Frances Catholic 

School and Petoskey High School. I had to give a book report. The book I finally selected 

was Sergeant Major of the Marine Cor;ps. After reading the book and doing the report, I 

knew I wanted to be a Marine. When I was growing up in Petoskey I was befriended by a 

Native American policeman named Dean Shomin. He always watched out for me and he 

was the first person who was a positive role model for me. After knowing Dean I wanted 

to be a police officer. Upon graduation from high school, I enlisted in the United States 

Marine Corps and the Marine Corps made my dream come true. I became a Military Police 

Officer. My tour of duty took me to Camp Lajeune, North Carolina; Guantanamo Bay, 

Cuba; Camp Pendleton, California; Okinawa, Japan and Korea. 

During my tour in the Marines I was happy to find that some of the things I learned as a 

young Odawa were still important in the Marine Corps. The Marine Corps would hold 

Native American Marine luncheons sometime each fall. The Native Americans would 

assemble from all over America and I soon learned of the many different tnbes in America. 

At one luncheon, a Captain, who was Native American, talked about prejudice and how he 

dealt with it. He said he would tum and walk away from the prejudice, as it was that 

person's problem. The Captain said that if he fought or argued about it, there would be 

another person to take his place. So I adopted the Captain's philosophy of dealing with 

prejudice. It helped me to walk away from unnecessary fights that would have gone 

nowhere. It was not until I was in Korea that I witnessed a young white Marine experience 

his first act of prejudice. He turned to me and asked, "Why does this Korean hate me?" 
Testimony of Daniel John Chingwa 

September 17, 1993 

Page2 

428 

I told him, "Remember you are the foreigner in his land." Then I told him it was better to 

turn and walk away from the prejudice. 

On the same trip to Korea it was almost winter time. One morning when I woke up and 

opened the front of my tent, there was a light snow all around. I got up and walked about 

looking at the trees and snow which reminded me so much of home that I became homesick. 

At this time, I decided to leave the Marine Corps at the end of my enlistment. The more 

I thought about home, the four seasons went through my mind. Running through the woods 

in the spring looking for wild morrels, picking wild leeks and eating the sweet meat of wild 

rabbit. Hot summer days swimming in Lake Michigan, waiting for the cool crisp air of fall 

and bird season. Being at deer camp late at night looking into the camp fire and looking 

up at the sky for the North Star. I have always enjoyed winter time. Fishing through the 

ice, snowshoeing through the woods, looking for the white snowshoe rabbits and watching 

the snow fall on a bright winter day. All these childhood memories I relived in my mind 

until I returned home and started living them again. 

I returned from the service determined to live as a role model for young Odawa people. 

Soon after returning home, I started to do headwork once again. As a child of 8 years of 

age, I had taken a summer job working with my Aunt Mary selling headwork in Pennsylvania 

Park, in the middle of the downtown Petoskey shopping district. This time I enjoyed the 

craft more than I had as a child. I now know that headwork is a form of art from my 

Odawa heritage. I spend many hours teaching others this traditional art. 

After beginning the headwork again, I felt a stronger need to help my people in other ways. 

In 1991, tribal chairman Frank Ettawageshik asked me to fill a vacancy on the LTBB board. 

While serving on the board, it became very important to me that I receive my Indian name, 

an act that symbolically links me to the world of my ancestors. I am now called "Ne-GaNash-Gay," which means, "One Who Shines the Brightest." 

My wife Janada and I share an interest in promoting Odawa art and culture. Janada 

accepted a seat on the Governing Board of the Andrew J. Blackbird Museum, the tribal 

museum of the Little Traverse Odawa. The Museum now sponsors the Odawa Homecoming 

Pow-Wow, a celebration of our culture which exposes the entire community, Indian and nonIndian, to Odawa culture with songs, dances, companionship and food. The Pow-Wow is 

held at the Ottawa Ceremonial Stadium which has been used for our public ceremonies for 

many years. Our drums echo over the waters of Lake Michigan as they have for centuries. 

The Odawa and other tnbes gathered at our stadium on land where they have met for 

centuries at the land of the crooked tree to share, to teach and to pass on our Native 

American culture. This year I was the Trader Chairperson for the Odawa Homecoming 

Pow-Wow. 
Testimony of Daniel John Chingwa 

September 17, 1993 

Page3 

429 

I also serve my tribe as an administrator. My first year on the LTBB board I served as a 

member-at-large. I was then elected Secretary of the board, a position I held until I was 

selected for the job as Project Director of the LTBB Tribal Sovereignty Project, our 

acknowledgment project funded by a grant from Administration for Native Americans. I 

soon learned the responsibilities that the community expects of the Little Traverse Bay Band 

of Odawa Indians and its Project Director. I have found myself testifying in Probate Court, 

giving presentations to school teachers of the community and addressing the Department of 

Social Services and the Friendship Center of Emmet County. I am responsible for 

preparation of our tribal roll, establishing clear procedures for all levels of our tribal 

administration, preparation of tribal documents and reports, as well as working to meet the 

needs of tribal members. 

I found myself assisting in taking care of the very young to the very old. The LTBB office 

currently operates five programs without federal funding. Our food pantry is open to 

anyone; and we do not turn anyone away who is in need of food. Our tribe receives the 

food it distributes from Manna, which is a Catholic distribution center. At first we received 

food every other week, now we go every week because the demand is growing. We also 

work with local utility companies to provide emergency heat, lights and water. In times of 

extreme nee(j we help with rent for housing. Public non-Indian programs are hard for the 

Native Americans to use. In most cases, people who need the help have no car, no phone, 

and no close relatives to let us know they need help. We try our best to aid all of the most 

needy people in our community, either in providing direct aid, or in linking them to public 

services. Again, we do not turn away anyone who qualifies. 

The LTBB offices are also a center for personal support. We express our care for the 

welfare of our members by creating a caring social network. Every Wednesday at the office, 

Alcoholics Anonymous meetings are held. Our Substance Abuse Program Developer uses 

her expertise to help all of our people who have identified need. Our elders are also 

important to us. We hold Elders' luncheons at the tribal office. The Friendship Center of 

Emmet County provides the food and we prepare it for our family and friends. The Odawa 

Elders enjoy the luncheons at the office where they can talk in their native tongue without 

the fear of ridicule. 

The LTBB youth council serves our youngest members, or rather, they serve their 

community. The young people are assigned community problems to solve, create strategies 

to meet them, and work to meet their goals. Unlike my generation who grew up ashamed 

of their Indian heritage, our young will grow up with a sense of self-worth and responsibility. 

Our tribe is alive and well, despite all efforts by local, state and federal governments to 

assimilate us. Back in 1836 and 1855, when our fathers signed treaties with the United 

States, they believed in the solemn agreements they made. I wonder how my ancestors 
Testimony of Daniel John Chingwa 

September 17, 1993 

Page4 

430 

would feel if they knew that they had sold all of their land to a country that would betray 

a sacred trust. The Bureau of Indian Affairs arbitrarily ended the government-togovernment relationship that our tribe had with the United States. Still, we continue. 

In closing, I feel strongly about, and urge the passing of H.R. 2376. This legislation will 

promote social and economic development for Little Traverse Bay Bands of Odawa Indians. 

We have been deprived of our treaty rights for far too long. To reconfirm our relationship 

would help us in our struggle to keep our programs going and provide for our future 

generations. By restoring us our rightful governmental status, we will not have to depend 

on others for help; we can help ourselves. Again I strongly urge that you recommend 

passing this Bill. 

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STATE OF MICHIGAN 

UtCHIGAN DEPARTMENT OF CML. ftiQH'TS 

JOHN ENGLER, Governor 

COMMISSION ON INDIAN AFFAIRS BETTY L KIENilZ, Interim Executive Director 

611 W. Ottawa, Third Floor 

Lansing, Ml 48913 

Tel. No. (517) 373-0654 

Fax No. (517) 335-1642 

The Michigan Commission on Indian Affairs is an executive commission created by the 

Michigan Legislature to act as a liaison between the Indian tribes and communities 

within the state and state goverrunent. 

The State of Michigan recognizes the Pokagon Band of Potawatomi Indians as a distinct 

Indian tribe. The Pokagon Band was party to a number of treaties with the United 

States. The last treaty entered into by the tribe was the Chicago treaty of 1833. The tribe 

negotiated the right to remain in Michigan so was uniquely singled out in that treaty. 

Following the 1833 treaty, the Band purchased land communally. The Band has resided 

in southwest Michigan continuously through the present as an Indian tribe in both a 

social and political sense. 

There is no factual, legal, or moral basis for the Band's lack of federal recognition. The 

State of Michigan in large part owes its existence to the treaties entered into by this 

Indian tribe. It is bitterly ironic that descendants of Potawatomi groups that were 

removed from their Michigan homeland are recognized by the federal government, 

whereas this tribe that negotiated the right to remain is not. The tribe is being punished 

for its unwillingness to go off on the trail of tears, and its steadfast, sober negotiating 

that enabled it to remain. The Pokagons lack of federal recognition amounts to an 

unconscionable reaffirmation of the genocidal nineteenth century removal policy. 

The Michigan Commission on Indian Affairs supports the immediate passage of HR 878 

to correct this grave injustice. 

0 

84-978 - 95 (440) 
ISBN 0-16-046381-5 

90000 

15