USA > Michigan > History of Michigan, civil and topographical, in a compendious form; with a view of the surrounding lakes > Part 30
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Said Francois Fafard shall not be permitted during ten years to work, or cause any person to work, directly or indirectly, at the profession and trade of a blacksmith, locksmith, armorer, or brewer, without a permit under our hand ; reserving, besides, the timber which may be wanted for the fortifications, and for the construction of boats or other vessels. Said Francois Fafard may send down to Montreal, or other places of the lower colony, all the articles he pleases, in as large a quantity as he chooses ; and to bring from thence merchandises and other effects, in as large a quantity as he chooses, on the condition that he shall sell his said effects and merchandises by himself only, or by other inhabitants of this place, but not by engagees or clerks, or foreigners or strangers, not esta- blished residenters in this place, with their family, on pain of confiscation and loss of said effects and merchandises ; and in case the said Francois Fafard shall sell, cede, or transfer his habitation in the whole to a foreigner, or ano- ther not established in this place, the possessor or purchaser of said habitation in any manner, whatever he may be, or become such, shall be liable to the same quit rent and rent as the said Francois Fafard ; and if the said Francois Fafard sells,cedes, or transfers part of his habitation to a foreigner, the purchaser in what-
* This mill was called Moulin Bannaul, or the Mill of the Manor.
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ever manner he be or become such, shall be obliged to pay us, our heirs and assigns forever, in proportion of the said rent and quit rent ; and besides over and above, for the rights whereof we have divested ourselves, the sum of ten livres for each year on the 20th day of March. Said Francois Fafard shall not be permitted to sell or trade brandy to Indians, on pain of confiscation and loss of his habitation, and of the brandy found thereon, or effects received for the same; and if the said purchaser in the whole or in part is an inhabitant, and pays the sum of ten livres for the rights whereof we have divested ourselves, he shall pay ns only the quit rent and rents of his acquisition, and not the sum of ten livres over and above; and if the habitation of the said Francois Fafard passes into other bands, in whatever manner it may be, and that he be or become proprietor of another piece of ground, house, or habitation, the said Francois Fafard shall pay us, our heirs and assigns for ever, the sum of ten livres for the rights whereof we have divested ourselves, besides the quit rent and rent of the habitation, piece of ground, or house ; and in case the said Francois Fafard remains without possession of any land, house, or habitation, he shall be divested of all the privileges to him granted by this present conces- sion. In consideration and generally of all the claims, charges and conditions aforesaid towards us, our heirs and assigns, the said Francois Fafard, his heirs and assigns, shall hold and enjoy the said concession ; shall sell and trade as well with the French as with the Indians, in conforming himself to the re- gulations and to the orders of his Majesty.
Done at Fort Pontchartrain, 10th of March, 1707.
LAMOTHE CADILLAC.
These grants were generally required to be confirmed by the King of France ; but from certain causes which prevailed at that period, only three legal grants were made under the French Government. To some of these tracts back con- cessions were subsequently granted. Subsequent grants were made to French citizens by Bellestre and other of the French commandants ; but it appears that these were unauthorized, and were never confirmed by the king of France.
NOTE V .- Page 61.
THE subjoined petition from sundry inhabitants of Detroit, to stay a trespass on a mill, exhibits the mode of legal proceedings throughout the posts in Michi- gan under the French dominion.
" To Messrs. De Celoron, Knight of the Royal and Military Order of St. Louis, Commandant for the King at Fort Detroit, Landrieve, doing the duty of Commissary and Deputy Intendent of New France in the said place.
" The inhabitants of Detroit humbly represent to you, gentlemen, that the mill situated on the farm of Claude Campeau is of an indispensable necessity and convenience for the public. They have heard that the named Cahacier, an inhabitant of Detroit, was seeking the means to have it demolished under the pretext that the corner of his meadow was inundated by the said mill. It is ea- sily seen, that it is by a spirit of incompatibility and contradiction towards his neighbors ; for in summer his meadow is dry, and in winter the water has its natural course, the said mill not going on account of the ice. This mill was constructed by the consent of M. De Boishebert, formerly commandant in this fort, as a thing useful to the public, and a long time before the concession of the
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land of the said Cabacier. If this mill had given any prejudice to the meadow, which is alongside of his land, the first proprietors would not have failed to make representations on that subject. The 'said mill has always subsisted till now without any interruption, it being, besides, erected on the land of its pro- prietor.
" This being considered, may it please you, gentlemen, taking into view the public advantage and convenience, to order that the said mill shall continue as before ; it being, besides, the only one handy to this fort, and which goes the greatest part of the year; to forbid the said Cabacier and all others to attempt any depredation on the said mill, and to trouble the owner, on pain of damages, costs, and interest, and you shall do justice.
" PIERRE RHEAUME,
CHAPOTON,
JAQUES CARDINAL, CARLE MORAN,
LE GRAND,
BELLE PERCHE,
JEAN BAPTISTE MALLET, WIDOW CARRON,
ZACINTHE REAUME, CECIRE, JEAN PILET,
ANTOINE CAMPEAU,
JEAN BORDE,
JEAN BAPTISTE CAMPEAUX,
JAQUES GODDELTE, NICHOLAS LENCIR,
LA BUTTE,
JEAN MIL HOMME,
LAURENT PARENT, BARTHE,
J. BLONDEAU."
"Having seen the above, and no title having appeared to us, we order that the parties do apply to the Governor and the Intendant ; and the mill shall remain in its present situation until the decision of the Governor and the Intendant is had.
"Done at Detroit, the 30th June, 1753
" LANDRIEVE, CELORON.
" After having seen the foregoing petition, we order that the named Campeaux be in peaceable possession of the said mill, having given due regard to the opi- nion of Messrs. Celoron and Landrieve.
" Done at Montreal, 22d August, 1753.
" DU QUESNE."
NOTE VI .- Page 126.
The following Indian Grant was made on the 26th of May, 1771, to Mr. Robert Navarre.
26th May, 1771. Nous les chefs des Tribus de la nation des Pouteowatamis au Detroit, avons delibere et donne de notre volonte une terre de quatre arpents de large sur toute la profondeur située a notre an- cien village a Robiere fils de l'Eerivain. Nous lui donnons cette terre pou tou- jours afin qu'il ait soin de nos morts, et pour surete de nos paroles nous avons fait nos marques apprivees de deux branches de porcelaine.
Unknown totem, OUIATENNI, Unknown
Unknown, OUABIDCCHIGOI, Unknown,
MATCHEOCEQUIFFE,
KIOGOCET,
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Unknown,
A Fish,
CHIBANAGO,
HANCLOUIS,
Two Arrows,
An Elk,
OACHIG,
KIA, Unknown,
Unknown,
MAILISABIFIT,
ALCHIMA,
A Deer, ESKIBI,
Singoin, NINTA.
Ratifie par L'honorable Henry Basset, Major Commandant au Detroit, Le quinze juillei, 1772, presence de Mr. George McDougall, et le Chefs Poute- owatemis, et Robert Navarre fils mis en ponenion dans les forme presenter au nom de sa Majestie, et conformement aux ordres de son Excellence.
NOTE VII .- Page 166.
A TREATY of pcace between the United States of America and the tribes of Indians called the Wyandots, Delawares, Shawnecs, Ottawas. Chippewas, Pota watamies, Miamis, Eell River, Weeas, Kickapoos, Kankashaws and Kas kaskies.
To put an end to a destructive war, to settle all controversies, and to restore harmony and a friendly intercourse between the said United States and Indian tribes : Anthony Wayne, Major-General, commanding the army of the United States, and sole commissioner for the good purposes above-mentioned, and the said tribes of Indians by their sachems, chiefs, and warriors, met together at Greenville, the head-quarters of the said army, have agreed on the following Articles, which, when ratified by the President with the advice and consent of the senate of the United States, shall be binding on them and the said Indian tribes.
Article 1 .- Henceforth all hostilities shall ceasc; peace is hereby esta- blished, and shall be perpetual ; and a friendly intercourse shall take place be- tween the said United States and Indian tribes.
Article 2 .- All prisoners shall on both sides be restored. The Indians, prison- ers to the United States, shall be immediately set at liberty. The people of the United States still remaining prisoners among the Indians, shall be deli- vered up, in ninety days from the date hereof, to the General or commanding officer at Greenville, Fort Wayne, or Fort Defiance ; and ten chiefs of the said tribes shall remain at Greenville as hostages, until the delivery of the prisoners shall be effected.
Article 3 .- The general boundary line between the lands of the United States and the lands of the said Indian tribes, shall begin at the mouth of Wyahoga river, and run thence up the same to the portage between that and the Tuscaroras branch of the Muskingum; thence down that branch to the crossing place above Fort Lawrence, thence westerly to a bart of that branch of the Great Miami River, running into the Ohio at or near which Kerk stood, Loromie's store, and where commences the portage between the Miami of the Ohio and St. Mary's River, which is a branch of the Miami which runs in- to Lake Erie ; thence a westerly course to Fort Recovery, which stands on a branch of the Wabash ; thence south-westerly in a direct line to the Ohio, 80 as to intersect that river opposite the mouth of Kentucky or Cattawa
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River. And, in consideration of the peace now established, of the goods formerly received from the United States, of those now to be delivered, and of the yearly delivery of goods now stipulated to be made hereafter ; and to in- demnify the United States for the injuries and expenses they have sustained during the war; the said Indian tribes do hereby cede and relinquish for ever all their claims to the lands lying eastwardly and southwardly of the general boundary line now described ; and those lands, or any part of them, shall never hereafter be made a cause or pretence, on the part of the said tribes, or any of them, of war or injury to the United States or any of the people thereof.
And for the same considerations, and as an evidence of the returning friend- ship of the said Indian tribes, of their confidence in the United States, and de- sire to provide for their accommodation, and for that convenient intercourse which will be beneficial to both parties, the said Indian tribes do also cede to the United States the following pieces of land ; to wit, (1) One piece of land, six miles square, at or near Loromie's store before mentioned : (2) one piece two miles square at the head of the navigable water or landing on the St. Mary's River, near Girty's town : (3) one piece six miles square, at the head of the navigable water of the Au Glaize river : (4) one piece six miles square at the confluence of the Au Glaize and Miami river, where Fort Defiance now stands; (5) one piece, six miles square, at or near the confluence of the rivers St. Mary's and St. Joseph's, where Fort Wayne now stands, or near it : (6) one piece, two miles square, on the Wabash River, at the end of the portage from the Miami of the Lake, and about eight miles westward from Fort Wayne: (7) one piece, six miles square, as the Ouatanon, or old Weea towns on the Wabash River : (8) one piece, twelve miles square, at the British Fort on the Miami of the Lake at the foot of the Rapids: (9) one piece, six miles square, at the mouth of the said river, where it empties into the lake: (10) one piece six miles square, upon Sandusky Lake, where a fort formerly stood : (11) one piece, two miles square, at the lower rapids of Sandusky River : (12) the Post of Detroit, and all the land to the north, the west, and the south of it, of which the Indian title has been extinguished by gifts or grants to the French or English governments : and so much more land to be annexed to the District of Detroit as shall be comprehended between the River Rosine on the south, Lake St. Clair on the north, and a line, the gene- rał course whereof shall be six miles distant from the west end of Lake Erie and Detroit River : (13) the post of Michilimackinac, and all the land on the island on which that post stands, and the main land adjacent of which the Indian title has been extinguished by gifts or grants to the French or English Governments ; and a piece of land on the main to the north of the island, to measure six miles on Lake Huron, or the strait between Lake Huron and Michigan, and to extend three miles back from the water of the lake or strait; and also the island de Bois Blanc, being an extra and voluntary gift of the Chippewa nation : (14) one piece of land, of six miles square, at the mouth of Chikajo River, emptying into the south-west end of Lake Michigan, where a fort formerly stood: (15) one piece, twelve miles square, at or near the mouth of the Illinois river, emptying into the Mississippi : (16) one piece, six miles square, at the old Piorias fort
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and village near the south end of the Illinois Lake on said Illinois River ; and whenever the United States shall think proper to survey and mark the bound- aries of the land hereby ceded to them, they shall give timely notice thereof to the said tribes of Indians, that they may appoint some of their wise chiefs to attend, and see that the lines are run according to the terms of the treaty.
And the said Indian tribes will allow to the people of the United States a free passage by land and by water, as one and the other shall be found convenient, through their country, along the chain of posts herein before mentioned ; that is to say, from the commencement of the portage aforesaid at or near Loromie's store ; thence along the said portage to the St. Mary's, and down the same to Fort Wayne, and then down the Miami to Lake Erie. Again, from the com- mencement of the portage at or near Loromie's store along the portage ; from thence to the river Au Glaize, and down the same to its junction with the Mia- mi at Fort Defiance. Again, from the commencement of the portage to San- dusky River, and down the same to Sandusky Bay and Lake Erie; and from Sandusky to the post which shall be taken at or near the foot of the rapids of the Miami of the Lake ; and from thence to Detroit. Again, from the mouth of Chikago to the commencement of the portage between that river and the Illi- nois, and down the Illinois River to the Mississippi ; also from Fort Wayne along the portage aforesaid which leads to the Wabash, and then down the Wabash to the Ohio. And the said Indian tribes will also allow to the people of the United States the free use of the harbors and mouths of rivers along the lakes adjoining the Indian lands, for sheltering vessels and boats, and liber- ty to land their cargoes when necessary for their safety.
Article 4. In consideration of the peace now established, and of the ces- sions and relinquishments of land made in the preceding article by the said tribes of Indians, and to manifest the liberality of the United States as the great means of rendering this peace strong and perpetual, the United States relin- quish their claims to all other Indian lands northward of the river Ohio, east- ward of the Mississippi, and westward and southward of the great lakes, and the waters uniting them, according to the boundary line agreed on by the Uni- ted States and the King of Great Britain in the treaty of peace made between them in the year one thousand seven hundred and eighty-three.
But from this relinquishment by the United States the following tracts of land are explicitly excepted :
1st. The Tract of one hundred and fifty thousand acres near the rapids of the river Ohio, which has been assigned to General Clark for the use of himself and his warriors.
2nd. The Post of St. Vincennes, on the river Wabash, and the lands adja- cent, of which the Indian title has been extinguished.
3rd. The Lands at all other places in possession of the French people, and other white settlers among them, of which the Indian title has been extinguish- ed as mentioned in the third article ; and,
4th. The Post of Fort Massae, towards the month of the Ohio. To which several parcels of land so excepted, the said tribes relinquish all the title and claim which they or any of them may have.
And for the same considerations, and with the same views as above men- tioned, the United States now deliver to the said Indian tribes a quantity of
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goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge ; and henceforward every year for ever, the United States will deliver, at some convenient place northward of the river Ohio, like useful goods, suited to the circumstances of the Indians, to the value of nine thousand five hundred dollars; reckoning that value as the first cost of the goods in the city or place of the United States where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered, are the following : Ist. To the Wyandots the amount of one thousand dollars. 2nd. To the Delawares the amount of one thousand dollars. 3rd. To the Shawnese the amount of one thousand dollars. 4th. To the Miamas the amount of one thousand dollars. 5th. To the Otto- was the amount of one thousand dollars. 6th. To the Chippewas the amount of one thousand dollars. 7th. To the Potawattamies the amount of one thou- sand dollars. 8th. To the Kickapoo, Lorra, Eell River, Kankashaws, and Kaskaskias tribes, the amount of five hundred dollars cach.
Provided, That if either of the said tribes shall hereafter, at an annual deli- very of their share of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry, and other utensils convenient for them, and in compensation to useful artificers, who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual deliveries be furnished accordingly.
Article 5. To prevent any misunderstanding about the Indian lands relin- quished by the United States in the fourth article, it is now explicitly declared that the meaning of that relinquishment is this : The Indian tribes, who have a right to those lands, are quietly to enjoy them ; hunting, planting, and dwel- ling thereon so long as they please without any molestation from the United States ; but when those tribes, or any of them, shall be disposed to sell their lands or any part of them, they are to be sold only to the United States ; and until such sales, the United States will protect all the said Indian tribes in the quiet enjoyment of their lands against all citizens of the United States, and against all other white persons who intrude upon the same ; and the said Indian tribes again acknowledge themselves to be under the protection of the United States, and no other power whatever.
· Article 6. If any citizen of the United States, or any other white person or persons, shall presume to settle upon the lands now relinquished by the United States, such citizen or other person shall be out of the protection of the United States ; and the Indian tribe, on whose lands the settlement shall be made, may drive off the settler, or punish him in such a manner as they shall think fit ; and because such settlements, made without the consent of the United States, will be injurious to them as well as to the Indians, the United States shall be at li- berty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands herein before stipulated.
Article 7. The said tribes of Indians, parties to this treaty, shall be at liberty to hunt within the territory and lands which they have now ceded to the United States without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury to the people of the United States.
Article 8. Trade shall be opened with the said Indian tribes ; and they do hereby respectively engage to afford protection to such persons, with their pro-
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perty, as shall be duly licensed to reside among them, for the purpose of trade, and to their agents and servants ; but no person shall be permitted to reside at any of their towns or hunting camps as a trader, who is not furnished with a license for that purpose under the hand and seal of the superintendant of the department north-west of the Ohio, or such other persons as the President of the United States shall authorize to examine such licenses, to the end that the said Indians may not be imposed on in their trade ; and if any licensed 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 punished according to the laws of the United States. And if any person shall intrude himself as a trader without such license, the said Indians shall take and bring liim before the superintendant or liis deputy, to be dealt with according to law ; and to pre- vent impositions by forged licenses, the said Indians shall, at least once a year, give information to the superintendant or his deputies of the names of the tra- ders residing among them.
Article 9. Lest the firm peace and friendship now established should be in- terrupted by the misconduct of individuals, the United States and the said Indian tribes agree, that for injuries done by individuals on either side no pri- vate revenge or retaliation shall take place ; but, instead thereof, complaint shall be made by the party injured to the other,-by the said Indian tribes or any of them to the President of the United States, or the superintendant by him ap- pointed ; and by the superintendant or other person appointed by the President, to the principal Chiefs of the Indian tribes, or of the tribe to which the offender belongs ; and such prudent measures shall then be pursued, as shall be neces- sary to preserve the said peace and friendship unbroken, until the Legislature (or Great Council,) of the United States shall make other equitable provision in the case to the satisfaction of both parties. Should any Indian tribes medi- tate a war against the United States, or either of them, and the same shall come to the knowledge of the before-mentioned tribes or either of them, they do here- by engage to give notice thereof to the General or officer commanding the troops of the United States at the nearest post. And should any tribe, with hos- tile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same ; and in like man- ner give information of such attempt to the General or officer commanding as soon as possible, that all causes of mistrust and suspicion may be avoided bc- tween them and the United States.
In like manner the United States shall give notice to the said Indian tribes of any harm that may be meditated against them, or either of them, that shall come their knowledge ; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.
Article 10. All other treaties heretofore made between the United States and the said Indian tribes, or any of them, since the treaty of 1783 between the Uni- ted States and Great Britain, that come within the provisions of this treaty, shall henceforth cease and become void.
Done at Greenville, in the territory of the United States, north-west of the river Ohio, on the third day of August, one thousand seven hundred and ninety-five.
ANTHONY WAYNE, (L. S.)
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NOTE VIII .- Page 219. Early Travellers through the Lakes.
THE progress of discovery through the region of the north-western lakes may be dated back to a distant period. The sources of our information have been increased from time to time by numerous adventurers who published journals of their travels. Among those volumes to which reference has here been made, are books which were written previous to the year 1767, and a list of which is here subjoined.
Father Louis Hennepin was a Catholic missionary of the Franciscan order, and was one of a party which explored the Mississippi River, and originally accompanied La Salle from France. The journal which he published of his travels throws light on the condition of Canada.
The Baron La Hontan, a French soldier in the employment of the French Government, was for some time commandant of a fort on the lakes. In 1703 he published, in London, his voyages to North America, in which he is styled "Lord Lieutenant of the French Colony at Placentia in Newfoundland." This work appeared in two volumes ; it abounds in graphic sketches, and al- though in some points erroneous, exhibits much knowledge of the world and shrewd observation.
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