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ARTICLE II. The said descendants and representatives do for themselves, and for the Christian Society of Indians aforcsaid, forever ccde to the United States all right and interest in and to the tracts of land before de- scribed, the use of which was granted to them by the patent and act of Congress aforesaid. 1
ARTICLE III. The United States agree to pay to the United Christian Society of Indians, an annuity of four hundred dollars, which annuity shall commence as soon as a sum is received from the sale of the said lands sufficient as a principal stock to produce the amount of four hundred dol- lars, at an interest of six per centum per annum. But the proceeds of the sales of the lands are to be applied to the sums secured to be paid to the Society of United Brethren, and to the lessees described in the sixth article of agreement, executed at Gnadenhütten aforesaid, before the creation of the principal stock provided for in this agreement, and the annuity of four hundred dollars shall continue so long as the said Society of Christian Indians shall occupy their present residence.
ARTICLE IV. It is further agreed, that, should the said Society of Chris- tian Indians be desirous of removing from their present residence, the United States will secure to them a reservation, containing not less than
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twenty-four thousand acres of land, to be held by them upon the usual condition of Indian reservations, so long as they shall live thereon; and when the said Christian Society shall remove to the said reservation, then the annuity herein granted shall cease.
ARTICLE V. This agreement shall be obligatory upon the parties, wlien the same shall be ratified by the United States.
Done at Detroit, in the Territory of Michigan, the day and year aforesaid.
LEWIS CASS, ZACHARIAS, or KOOTALEES, his x mark,
JOHN HENRY,
CHARLES HENRY, or KILLBUCK, his x mark,
FRANCIS HENRY, Or KILLBUCK, his x mark, JOHN PETER, his x mark,
TOBIAS, his x mark,
JOHN JACOB, his x mark, MATTHIAS, or KOOLOTSHASKEES, his x mark.
In presence of
R. S. FORSYTH, ADAM AAMAN, HENRY S. COLES.
The contract or articles of agreement entered into on the 8th day of November, 1823, between Governor Cass, and the Representatives of the Christian Indians, for the tracts of land specified in the agreement, and on the conditions therein contained, is approved.
WASHINGTON, FEBRUARY 10, 1824.
JAMES MONROE.
NOTE .- The deed of retrocession, in pursuance of the foregoing articles, was executed 1st April, 1824, and is on file in the General Land Office.
XI. (Page 453.)
BOCKENGEHELAS, THE WAR-CHIEF OF THE DELAWARES.
The name of this noted chief is written Bukongchelas, by Judge Bur- net (Notes p. 68), and is still preserved to designate a small tributary of the Great Miami, in Logan county.
Our opinion that he is the same personage who was prominent in Western Pennsylvania during the French and English war, as Shingess, is sus- tained by the fact that Heckewelder, in his biographies of the prominent Delawares of Pennsylvania and Ohio, omits altogether to mention Shingess
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(although intimately acquainted with him at Tuscarora, in 1764), but speaks of " Buckengilla, so called by the white people," or Pachgantschihillas, as the name is written in the Moravian Narrative. This adds probability to the proposition that they were the same individual. (Am. Phil. Trans vol. iv. p. 391.)
We first hear of Shingess in 1753. Washington then crossed the Alle- ghanics on his well known mission to the western tribes, and in his diary, after describing the forks of the Ohio, near Pittsburgh, he says : "About two miles from this, on the south-east side of the river, at the place where the Ohio company intended to erect a fort, lives Shingess, king of the Del- awares." Washington called upon him to invite him to council at the Logstown. Shingess at first attended, but afterwards made his wife's sick- ness an excuse for absence. He was probably in the French intcrest.
In 1755, Shingess was so active in the border war, that the Governor of Pennsylvania offered a reward of seven hundred dollars for his head, and that of a Captain Jacobs. In Gordon's Pennsylvania (Appendix, p. 618), several of the expeditions led by Shingess are detailed, and it is inciden- tally mentioned that a prisoner, one John Craig, was adopted by liim as a son.
During the French and English war, when the Governor of Pennsylvania sent C. F. Post to negotiate with the Ohio tribes, mention is often made in his journal of Shingcss, and uniformly to his advantage. On the first mission, August 28, 1758, Post writes : " We set out from Sawcunk, in com- pany with twenty, for Kushcushkee. On the road, Shingess addressed himself to mc, and asked if I did not think that if he came to the English they would hang him, as they had offered a great reward for his head. I told him that was a great while ago, 'twas all forgotten and wiped away now." Post dined with Shingess on the 29th, when the latter observed, that although the English had offered a great reward for his head, yet he had never thought to revenge himself, but was always very kind to such prisoners as were brought in, and that he would do all in his power to bring about a peace, and wished he could be sure the English were in earnest for peace also. Heckewelder says of Shingcss, that he was "the greatest Delaware warrior of his time," and that were his war exploits on record, they would form an interesting document, though a shocking one. Mr. Heckewelder gives him a good character, and adds (Hist. Ind. Na- tions, p. 264) : "Passing one day with him, in the summer of 1762, [this was at Tuscarora, on the Muskingum, during Post and Heckewelder's unsuc- cessful mission, ante p. 187,] near by where his two prisoner boys (about twelve years of age) were amusing themselves with his own boys, and lie observing me looking that way, inquired what I was looking at. On my replying that I was looking at his prisoners, he said, 'When I first took thiem, they were such, but they are now my children; eat their victuals out 23*
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of the same bowl!' which was saying as much as that they, in all respects, were on an cqual footing with his own children-alike dcar to him." Though of small stature, Heckcwelder observes, Shingess had a great mind.
In a narrative of Hugh Gibson's captivity among the Delaware Indians (Transactions Mass. Hist. Soc., 3d Series, vol. vi. p. 146,) he mentions the chief as living in 1757, at the mouth of Big Beaver, where Gibson "re- mained, dwelling in king Shingcss' tent, until autumn." Gibson states that "about the middle of October, 1758, he was taken to Kus-ko-ra-vis," (Tusearawas) the western branch of Muskingum. Custalogo, or King Beaver, who lived at this town of Tuscarora until 1764, was a brother of Shingess, and Heekewelder's Narrative deseribes the latter as dwelling there in 1762, when the ceremony of mourning for the loss of Shingess' wife oeeurrcd, as already deseribed. Ante, chap. xiv. p. 193.
When, shortly before Col. Bouquet's expedition to the Muskingum, this Indian town was deserted, Shingess removed westward, and finally was seated on the Miami of the Lakc, if our hypothesis that he was Bockenge- helas is admitted.
His appearances by the latter designation, until 1787, are already detailed in the preceding pages. His salutation of General Clark, at the conference in 1786, at the mouth of the Great Miami, is usually quoted as follows: "I thank the Great Spirit for having this day brought together two such great warriors as Bokongahelas and General Clark." Sec Gen. Butler's narra- tive of the incident. Ante, p. 452.
In 1791, the government of the United States sent Hendrick Aupaumet, a friendly Mohican, or Stockbridge chief, as an envoy to the Indian villa- ges on the Maumec. His narrative is published in vol. iii. of Pennsylvania Historical Transactions, page 61. He arrived on the 13tli of July, at the "grand council firc, ealled the Rapids, about eighteen miles from the mouth of this Miamie River," where, he adds, were two Delaware towns, in one of which Captain Pipe resided. Here stood Col. MeKce's house and stores for the Indians, at that time under the charge of Captain Elliott. Captain Hendrieks delivered his messages, and long talks were interchanged-first with a party of Delawares, living sixty miles up the river, whose Sachem was named Tautquhgtheet-then with a deputation of Shawanesc; and again with the Delawarcs, who were represented by " Hobakon, or Pipc- Saehem," and the " head Heroe of the Delawares, named PUCKONCHEHLUH." All parties then adjourned, to "meet at the Glaze or Forks-Naukhunwh- nauk-where the Shawanese, Delawares, and part of the Miamis had towns." The journey was by water, commeneing on the 24th. On the 27th, they " arrived at the first village of the Shawanesc, and next day at the Forks, where were other two villages of Shawanny ; also, one of the towns of Delawares, and the town of Wenuhtukowuk, and some outcast
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Cherokees, and part of the Miamis, and about eight miles from this place the town of Big Cat-this town the last on the river."
On the 1st of August, while waiting the arrival of deputies from western tribes, Hendricks says : " At this time I went up to Big Cat's town with my brother ; arrived there in the evening ; went to the house of Pohquonnop- pet, the Sachem-the Delawares having left word that we should give them notice of my coming. Early in the morning of the 2d instant, my uncle sent a runner to inform the chiefs that we were arrived, and will meet them in council. My business was to comfort Big Cat for the death of his brother, who died last spring. He was the chief Sachem of the Delawares; also, Pukonchehluh for the death of his son." After an expression of con- dolence, Hendricks mentions that the " Head Heroe, whose name is Puck- onchehluh, got up with the strings and belt," and made a suitable response. He alludes to him afterwards as " the great heroc." On the 28th of August, " Wunummon, or Vermillion, a Heroe" (probably Wingemund), appears on the stage, and although the Delaware chiefs seemed pacific in their dis- positions, yet the outside pressure was too great for the Mohican envoy to accomplisli any thing. McKee was active-an " alarming voice " from tlie Shawanese villages near the Ohio, announced new aggressions by the Long Knives-Simon Girty made his ill-omened appearance on the 29th, and finally there arrived some messengers from the wily Brant, to turn the scale against the Americans. The peace party went with the tide, "the head warrior, Puckonchehluh, in response to the message of the Five Na- tions, admitting that the Indians, who were one color, had one heart and one head, and that if one nation was struck all must feel it." Captain Hen- dricks was wholly unsuccessful, although, as he says, "endeavoring to do his best in the business of peace."
Drake, in his " Book of the Indians," thus notices an act of magnanimity by Bockengehelas in the following year, 1792: "Col. Hardin, Major Truc- man, and several others, were sent, in May of that year, by Washington, with a flag of truce, to the Indian nations of the west, particularly the Maumee towns. They having arrived near the Indian town of Au Glaize, on the south-west branch of the Miami of the Lake, fell in with some Indi- ans, who treated them well at first, and made many professions of friend- ship, but in the end took advantage of them, while off their guard, and murdered nearly all of them. The interpreter made his escape, after some time, and gave an account of the transaction. His name was William Smalley, and he had been some time before with the Indians, and had learned their manners and customs, which gave him some advantage in being able to save himself. He was at first conducted to Au Glaize, and soon after to 'Bukungaliela, king of the Delawares,' by his captors. The chief told those that committed the murder, " he was very sorry they had killed the men ; that instead of so doing, they should have brought them to the
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Indian towns, and then, if what they had to say had not been liked, it would have been time enough to have killed them then. Nothing, he said, ' could justify them for putting them to death, as there was no chance for them to escape.' The truthi was, they killed them to plunder their effects. Buckongahclas took Smally into his cabin and showed him great kindness ; told him to stay there while he could go safely to his former Indian friends. (He having been adopted into an Indian family in place of one who had been killed in his former captivity.) While here with Buckongahelas, which was near a month, M. Smally said the chief would not permit him to go abroad alone, for fear, he said, that the young Indians would kill him."
Judge Burnet, in his Notes on the North-west Territory, page 68, gives a spirited description of a visit to " the venerable old Delaware chicf, Bukon- gchelas, who was living at the Ottawa town, on the Auglaize," during which an Indian game of ball was ordered for the amusement of the white guests.
At the celebrated treaty of Greenville, August 3, 1795, " Bukongehelas, a Delaware chief," in his specch immediately before the council closed, re- marked, proudly : " All who know mė, know me to be a man and a war- rior ; and I now declare, that I will, for the future, be as strong and steady a friend to the United States as I have heretofore been an active cncmy." An incident of the war then closed, with some further particulars of this remarkable character, are copied from Thatcher's Indian Biography, vol. ii. p. 177-9, as follows :
" HIe (Buckongahelas) was indeed the most distinguished warrior in the Indian confederacy, and as it was the British interest which had induced the Indians to commence, as well as to continue the war, Buckongahclas rclied on their support and protection. This support had been given, so far as relates to provisions, arms, and ammunition ; and in the celebrated engagement, on the 20th of August, 1794, which resulted in a complete victory by General Wayne over the combined hostile tribes, there were said to be two companies of British militia from Detroit on the side of the Indians. But the gates of Fort Mimms being shut against the retreating and wounded Indians, after the battle, opened the cyes of Buckongahelas, and he deter- mincd upon an immediate pcace with the United States, and a total aban- donment of the British. He assembled his tribe and cmbarked them in canoes, with the design of procceding up the river, and sending a flag of truce to Fort Wayne. Upon approaching the British fort, he was requested to land, and he did so : 'What have you to say to me?' said he, addressing the officer of the day. It was replied, that the commanding officer wished to speak with him. 'Then he may come here,' was the reply. 'He will not do that,' said the officer, 'and you will not be suffered to pass the fort if you do not comply.' 'What shall prevent me ?' said the intrepid chief. ' These,' said the officer, pointing to the cannon of the fort. 'I fear not
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your cannon,' replicd the chief. 'After suffering the Americans to defile your spring, without daring to fire on them, you cannot expect to frighten Buckongahelas ;' and he ordered the canoes to push off, and passcd the fort.
"Never after this would he, like the other chiefs, visit the British, or rc- ceive presents from them. 'Had the great Buckingehelos lived,' says Mr. Dawson, alluding to these circumstances, 'he would not have suffered the schemes projected by the prophet (brother of Tecumseh) to be matured.' And the same writer states, that on his death-bed he carnestly advised his tribe to rely on thic friendship of the United States, and descrt the cause of the British. This was in 1804.
"In Dawson's Memoirs of Harrison, Buckongahelas is mentioned as being present at a council of the chiefs of various tribes, called at Fort Wayne in 1803, for the purpose of ratifying a negotiation for land, already proposed in a former one which met at Vincennes. The Governor carried his point, chiefly by the aid of an influential Miami chief, and by being 'boldly seconded in every proposition by the Pottawatamies, who (as Mr. Dawson states), were entirely devoted to the Governor.' It is not our intention herc to discuss at length the character of this transaction, which rather belongs to the general history of the period. How the Delaware chief and the Shaw- ances understood it, and how they expressed their sentiments, may be in- ferred from the following statement of Dawson :
"' When the transaction at the council of Vincennes was mentioned, it called forth all the wrath of the Delawares and the Shawanese. The re- spected Buckingchelos so far forgot himself that he interrupted the Gov- ernor, and declared with vchemence, that nothing that was donc at Vin- cennes was binding upon the Indians; that the land which was there decided to be the property of the United States, belonged to the Delawares ; and that he had then with him a chief who had been present at the transfer made by the Piankishaws to the Delawares of all the country between the Ohio and White rivers, more than thirty years before. The Shawancse went still further, and behaved with so much insolence that the Governor was obliged to tell tlicm that they were undutiful and rebellious children, and that he would withdraw his protection from them until tlicy had learnt to bchave themselves with more propriety. These chiefs immediately left the council house in a body.'
"Subsequently the Shawanees submitted, though it does not appear that Buckongahelas set them the example: and thus, says the historian, the Governor overcame all opposition, and carried his point.
"It is said of Buekongahelas, that no Christian knight ever was more scrupulous in performing all his engagements. Indeed he had all the qualifications of a great hero-a perfect Indian independenec-the inde- pendence of a noble nature, unperceived to itself, and unaffected to others."
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XII. (Page 459.)
SUBSEQUENT INDIAN TREATIES.
The following signatures of Ohio Indians to subsequent treaties are eom- piled for the sake of comparison by the curious. To the treaty at Green- ville, Aug. 3, 1795, the following names, among many others, are attached :
Wyandots .- Tarhe, (or Crane), J. Williams, jr., Tey-yagh-taw, Ha-ro-en- yow, (or Half King's son), Te-haaw-to-rens, Aw-me-yee-ray, Staye-talı, Sha-tey-ya-ron-yah, (or Leather Lips), Daugh-shut-tay-ah, Sha-aw-run-the.
Shawanese .- Mis-qua-coo-na-eaw, (or Red Pole), Cut-the-we-ka-saw, (or Black Hoof), Kay-se-wa-e-se-kah, Wey-tha-pa-mat-tha, Nia-wym-se-ka, Way-the-ah, (or Long Shanks), Wey-a-pier-sen-waw, (or Blue Jacket), Ne- que-taugh-aw, Hah-goo-see-kaw, (or Captain Reed.)
Delawares .- Teta-boksh-kee, (or Grand Glaise King), Le-man-tan-quis, (or Black King), Wa-bat-thoe, Magh-pi-way, (or Red Feather,) Kik-tha-we- nund, (or Anderson), Bu-kon-ge-he-las, Peikee-lund, Welle-baw-kee-lunds, Peikee-tele-mund, (or Thomas Adams), Kish-ko-pe-kund, (or Captain Buf- falo), Ame-na-he-han, (or Captain Crow), Que-shawk-sey, (or George Wash- ington), Wey-Win-gins, (or Billy Siscomb), Moses.
Ottawas .- Au-goosh-away, Kee-no-sha-meek, La Maliee, Ma-ehi-we-tah, Tho-wo-na-wa, Se-eah, Che-go-nicks-ka, (an Ottawa from Sandusky).
Delawares of Sandusky. - Haw-kin-pum-is-ka, Pey-a-mawk-sey, Reyn- tue-eo, (of the Six Nations living at Sandusky).
Witnesses .- H. De Butts, first A. D. C., and Seeretary to M. G. Wayne, Wm. H. Harrison, Aid-de-Camp to M. G. Wayne, T. Lewis, Aid-de-Camp to M. G. Wayne, James O'Hara, Quarter Master General, John Mills, Major of Infantry and Adjutant General, Caleb Swan, P. M. T. U. S., Geo. Dem- ten, Lieut. Artillery, Vigo, P. fris La Fontaine, Ant. Lasselle, H. Laselle, Jn. Bean Bien, David Jones, Chaplain U. S. L., Lewis Beufait, R. Lachambre, Jas. Pepen, Baties Coutien, P. Navarre.
Sworn Interpreters .- Wm. Wells, Jacques Laselle, M. Morins, Bt. Sans Crainte, Christopher Miller, Robert Wilson, Abraham } Williams, Isaae Zane.
June 7, 1803 .- Gen. Harrison eoneluded a treaty defining the extent of the reservation at Vineennes by the treaty of Greenville. Among the Del- awares signing it was " Bu-kon-ige-helas " and John Johnston, U. S. Factor, and Hendriek Aupaumet, chief of Muhhecon, were witnesses.
On the 18th of August, 1804, the Delawares eeded a tract of country be- tween the Ohio and Wabash rivers, and below the tract ceded by the treaty
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of Fort Wayne and the road leading from Vincennes to the Falls of the Ohio. The Delawares signing it were, Teta Buxika, Bokongehelas, Alimce, or George White Eyes, Hocking Pomskann, Tomaquce, or the Bearer.
The United States recognized the right of the Delawares to the country bounded by the White River on the north, the Ohio on the south, the gen- eral boundary line running from the mouth of the Kentucky river on the east, and the traet ceded by the treaty of Fort Wayne on the west and south.
At the treaty of Fort Industry, on the Maumee river (July 4, 1805), relin- quishing the title to the Western Reserve, the following Indians partici- pated :
Ottawas .- Nekirk, or Little Otter, Kanachewan, or Eddy, Mechimen- duek, or Big Bowl, Aubaway, Ogonse, Sawgamaw, Tusquagan, or McCarty, Tondawgame, or the Dog, Ashawet.
Shawanees .- Weyapurscawaw, or Blue Jacket, Cutheaweasaw, or Black Hoof, Anonaseehla, or Civil Man, Isaac Peters.
Wyandots .- Tarhee, or the Crane, Micre, or Walk in Water, Thateyyana- yoh, or Leather Lips, Tsehanendah, Tahunehawetee, or Adam Brown, Shawrunthie.
Munsee and Delaware .- Puchconsittond, Paahmelot, Pamoxet, or Arm- strong, Pappellelond, or Beaver Hat.
XIII. (Page 513.)
ORDINANCE OF 1787.
The following important document is transferred from Land Laws of the United States (Edition of 1828), page 356:
An Ordinance for the government of the Territory of the United States Northwest of the river Ohio.
Be it ordained by the United States in Congress Assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid, That the estates, both of resident and non-resident proprietors in the said territory, dying intestate, shall de- scend to, and be distributed among, their children, and the desecndants of a deceased child, in equal parts ; the descendants of a deceased ehild or grand- eliild to take the share of their deceased parent in equal parts among them :
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And where there shall be no children or descendants, then in equal parts to the next of kin in equal degree ; and, among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall, in no case, be a dis- tinction between kindred of the whole and half-blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law, relative to descents and dower, shall remain in full force until altered by the legislature of the dis- trict. And, until the governor and judges shall adopt laws as hereinafter mentioncd, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age,) and attested by thrce witnesses; and real estates may be conveyed by lcase and relcase, or bargain and sale, signed, sealed, and deliv- cred by the person, being of full age, in whom the cstate may be, and attest- ed by two witnesses, provided such wills be duly proved, and such convey- ances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be trans- ferred by delivery ; saving, however to the French and Canadian inhabi- tants, and other settlers of the Kaskaskias, St. Vincents, and the neighbor- ing villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.
Be it ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall con- tinue in force for the term of three years, unless sooner revoked by Con- gress ; he shall reside in the district, and have a freehold estate therein in 1000 acres of land, while in the exercise of his office.
There shall be appointed, from time to time, by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked ; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office ; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his Executive department ; and transmit authentic copics of such acts and proceedings, every six months, to the secretary of Congress : There shall also be appointed a court to consist of threc judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have cach thercin a freehold estate in 500 acres of land while in the exercise of their offices ; and their commissions shall continue in force during good behavior.
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