USA > Wisconsin > Winnebago County > History, Winnebago County, Wisconsin: Its Cities, Towns, Resources, People > Part 17
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Another error often indulged by very intelligent people is the belief in the destruction and falling away of the Indian. There are more Indians in the United States today than known to any prior historic period. The tribes who have occupied this county have made wonderful increases. The Foxes reported in 1716, by the exaggerated official letter of Louvigny as 3,500, were said by the Indian agent in Iowa one hundred years later to number 6,000 people. The Menominee reported one hundred and fifty years ago as a small band of about three hundred are said to number now 1,500 people. The Winnebago, reported to have had two hundred to three hundred people two centuries past, now have upwards of four thousand.
In the extinguishment of the Indian title to lands in this county the Fox tribes, who maintained a half century of bloody war for their home on the western shore of Little Lake Butte des Morts, seem to have yielded all claim to their ancient home. They had moved away about seventy years before the title to these lands was sought after; and the Menominee tribe had taken their place and claim their lands.
The claim of ownership to the soil in the territory covered by
175
TREATIES WITH ABORIGINAL TRIBES.
the bounds of this county was made by the Winnebago, who claimed to own all of it; and the Menominee, who claimed as far as the Fox river, which runs through the center of the county; and the New York Indians claimed as tenants in common with the Menominee rights co-extensive with that tribe.
In setting forth the purchases by the United States of the soil of this county from its aboriginal occupants and owners, the ex- tinguishment of the title of the Winnebago will be first consid- ered, not as first made, but as the most convenient method. The "Indian Treaties," published by the Indian department, setting out in detail the complete copy of the several treaties, has been consulted. The several treaties made with the Winnebago are as follows :
No. Concluded.
Held at-
Commissioners.
Ratified.
1. 1816. June 3. .. St. Louis
Clark, Edwards and Chouteau. . 1816, Dec. 30
2. 1825, Aug. 19 ... Prairie des Chiens.
. Clark and Cass. . . 1826. Feb. 6
3.
1827, Aug. 11. . . Little Butte des Morts. .. . C'ams and McKenney. . 1829, Feb. 3
4. 1828. Aug. 25. .. Green Bay
. Cars and Menard. 1829, Jan. 7
5. 1829, Ang.
1. . . Prairie du Chien
McNeil. Menard and Atwater. . 1830. Jan.
2
B. 1832, Sept. 15 ... Fort Armstrong.
. Scott and Reynolds.
1833. Feb. 13
The treaty of 1816 was one of peace and amity, and confirmed to the United States all cessions made to France, Spain or Eng- land, and acknowledging the protection of the United States. The treaty of 1825 defined the boundary of the territory of the western Indians, and the treaty of 1827, made at Little Butte des Morts, was for the same purpose, while those of 1828-1829 made more definite former locations of Winnebago boundary and very much increased the annuity payments.
It was the treaty of September 15, 1832. made at Fort Arm- strong, Rock Island, ratified by the United States Senate, Feb- ruary 13, 1833, which gave to the United States title to the Win- nebago lands, admitted by the several treaties to be within their boundary lines in Winnebago county. So much of the treaty as grants the title to these lands is as follows :
"Articles of treaty made and concluded at Fort Armstrong, Rock Island, Illinois, between the United States of America by their commissioners, Major General Winfield Scott, of the United States army, and his excellency John Reynolds, Governor of the state of Illinois, and the Winnebago Nation of Indians, repre- sented in general council by the undersigned chiefs, headmen and warriors. Article 1. The Winnebago Nation hereby cede to the United States forever all the lands to which said nation have title or claim, lying to the south and east of the Wisconsin river and the Fox river of Green Bay, bounded as follows, viz. : Begin- ning at the mouth of Pee-kee-tol-a-ka (Pekatonica) river, thence
176
HISTORY OF WINNEBAGO COUNTY.
up Rock river to its source, thence with a line dividing the Win- nebago Nation from other Indians east of the Winnebago lake to the Grande Chute, thence up Fox river to the Winnebago lake, and with the northwestern shore of said lake to the inlet of Fox river, thence up said river to Lake Puckaway, and with the east- ern shore of the same to its most southeasterly bend, thence with the line of a purchase made of the Winnebago Nation by the treaty at Prairie du Chien, the 1st day of August, 1829, to the place of beginning."
Under this treaty and those made before and since the tribe have had several million dollars, and there is in the treasury of the United States for them at the present time nearly $1,000,000, as explained in a previous chapter. Upon the basis of land value in those primitive days the tribe have had ten times as much per acre as was paid by the United States to Napoleon for Louisiana. The United States either sold this land at $1.25 per acre or gave it to homesteaders and preemption occupants. Under the condi- tions of the treaty "no band or party of Winnebagoes shall re- side, plant, fish or hunt" on the ceded lands after June 1, 1833. Black Wolf, who had been on a drunk and missed the journey to Rock Island, was very much aggrieved to find his fields were sold and was moved to tears when informed of it. This treaty ceded to the United States the title to all the land of Winnebago county south of that part of the Fox river which runs through the center of the county south of Oshkosh, Omro and Eureka. All the ter- ritory of the county north of that part of the Fox river was still Indian land, the Indian title to which required three treaties to extinguish.
Treaties Made With the Menominee for the Purchase of the Indian Lands North of Lower Fox River-The New York Indians.
It required three separate treaties to extinguish the Indian title to the balance of the county north of Fox river, and a contest and agitation involving the New York Indians, the Menominee and the old French and halfbreed element at Green Bay, the political power of New York and the Senate, as well as the Episcopal Church and holders of the inchoate title to the lands of the Six Nations as known to the English, the Iroquois of the French, and the agitation ranged through a period of nearly thirty years.
Back in 1820 Rev. Jedediah Morse, father of the inventor of
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177
TREATIES WITH ABORIGINAL TRIBES.
telegraphy, had visited Green Bay and advised the Brothertowns, Stockbridges and Oneida to remove to the Fox river region, for there "You will never again be disturbed. The white man will never go there. He will never desire these lands. They are too far off." Led by Rev. Eleazer Williams, the Lost Dauphin, a delegation from the six nations, supported by the War Depart- ment, arrived in Detroit in July, 1820. Here they learned that Col. John Bowyer, Indian agent at Green Bay, had effected a treaty cession of part of the Menominee lands. They retraced their journey and, placing the subject before the New York dele- gation in Congress, caused the Senate to reject the treaty.
The next year another delegation of the different allied Indian tribes of New York repaired to Green Bay under the support of the War Department, where they arrived on the first steamboat to enter the harbor, "Walk in the Water," on August 5, 1821. Governor Lewis Cass had added to the party Mr. Charles C. Trowbridge, of the Indian Department. They found the agent at Green Bay had died the previous winter; but they proceeded to hold a council with the Menominee and Winnebago, which finally resulted in a treaty, August 8, 1821, making a cession to the New York Indians of a strip of land five miles wide crossing Fox river at Little Chute, thence northwest and southeast to the limit of the claims of the Menominee. Five hundred dollars was paid at the signing of the treaty and $1,500 in goods the follow- ing year in equal amounts to the Winnebago and Menominee.
On their holding a new council with the delegation of the six nations and John Sergeant, Jr., commissioned by Governor Cass to act for the Indian Department, the Winnebago refused a larger concession, but the Menominee were finally induced to enter into a new treaty, extending their grant to the six nations to a right in common to the whole of their lands. This treaty was con- cluded September 23, 1822, and "this treaty, as well as that of the previous year, were approved by the President, and the New York Indians thereby recognized as joint owners with the Menominee of all their immense territory, comprising nearly half of the state of Wisconsin," says Gen. Albert G. Ellis. But Presi- dent Monroe in his approval March 13, 1823, of this last treaty approved only in part, allowing it to stand as to lands between Lake Michigan and Fox river, north to Sturgeon bay and south to the Little Chute purchase line. His approval cut out the New York Indians from participation in any right to lands of the territory covered by this county. Three thousand dollars in
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HISTORY OF WINNEBAGO COUNTY.
goods was paid for his vast tract of land forty miles wide and 150 miles long. Very soon after this treaty was concluded the tribe became dissatisfied and divided into parties, one denying all rights under it. The French and halfbreeds had always ad- vised against giving the New York Indians any concessions and opposed their influence to the settlement of those tribes in the valley. The long contest of the New York Indians for their rights to settle in the valley had its influence on all the future treaties of the Menominee, but as their final location was on lands not within the boundary lines of this county, their history will not be related here.
The Menominee treaties which had to do with the lands of this county and which were recognized as such were the following:
No. Concluded.
Held At.
Commissioners.
Ratified.
1 1817, Mar. 30 ..
St. Louis
Clark, Edwards & Chouteau. 1817, Dec. 26
2
1825, Aug. 19.
Prairie des Chiens.
Clark and Cass.
. 1826, Feb. 6
3
1827. Aug. 11.
Little Butte des Morts. Cass and McKenney.
. 1829, Feb. 3
4 1831. Feb. 8.
Washington
Eaton and Stambaugh .. ... . 1832, July 9
5 1832. Oct. 27 ..
Green Bay
. George B. Porter ..
. . 1833, Mar. 13
6
1836, Sept. 3.
Cedar Point
Gov. Henry Dodge ..
.:. .. 1837. Feb. 15
1848, Oct. 18 ..
Lake Poygan
.Col. D. Jones and Hon. Wm. Medill. . 1849
The treaty of 1817 was one of peace and harmony and con- firmed all cessions made to France, Spain or England. The treaty of 1825 defined the boundary of the possessions of the western savages, giving to the Menominee nearly all Wisconsin north of the Milwaukee, Fox and Black rivers, though at this date the old war chiefs of the Winnebago, Four Legs, lived on Doty island, and Wild Cat on Garlic island, and no Menominee tribe had any village in the county.
The important treaty for the whites was the Stambaugh treaty of 1831. Under this treaty title passed to the United States in Doty island and the lands of the county north of Menasha to Appleton; also by its provisions the mission was established at Winnebago rapids, now Neenah, which resulted in the first set- tlement of the county. This treaty was brought about through Col. Samuel C. Stambaugh, of Pennsylvania, who had been ap- pointed Indian agent at Green Bay to succeed Mr. Henry B. Brevoort. He espoused the cause of the Menominee traders and French in opposition to the New York Indians. He advised them to deny the rights of the New York Indians, saying they ought to sell part of their lands to the United States and obtain valua- ble annuities as other tribes were doing. Favored by the tribe, he applied to Governor Cass for permission to take ten Menomi- nee chiefs to Washington. Though the request was denied, he left Green Bay with fourteen of the tribe November 8, 1830.
179
.
TREATIES WITH ABORIGINAL TRIBES.
Oshkosh, the head chief of the Menominee, was expected to head the delegation to Washington, but when he reached Green Bay the traders, who were opposed to a treaty at Washington, advised him not to go, as they said no treaty could be made without him. He took their advice and remained at home. The old chief known to history as Iometah, whose name appears signed to the treaty as Ava-mah-taw, or Fish Spawn, was the principal chief and had the authority of the tribe. He took his wife with him and they passed the winter in Washington. Charles A. Grignon, son of Capt. Augustin Grignon, and Gen. Albert G. Ellis accompanied the party as interpreters. Arrived at Detroit, Governor Cass approved of the journey to Washing- ton, adding Hon. Robert A. Forsyth and John T. Mason to the delegation. Rev. Eleazer Williams and Daniel Bread. chief of the Oneida, having followed up the delegation, were added to the party by Governor Cass. In midwinter they visited Gen. Andrew Jackson, the President, and were admitted to a council with Hon. John H. Eaton, Secretary of War. Grizzly Bear made the President a speech in which he frankly informed him that they came to give him a piece of their land for a handsome re- ward. The treaty was finally concluded February 8, 1831, and, though ratified by the Senate the following year, July 9, 1832, it was strongly opposed by the New York Senators, who secured a provision saving the rights of the New York Indians to a wide territory and successfully opposed confirmation of Colonel Stam- laugh as Indian. agent at Green Bay.
This treaty sets out the claim of the boundary limits of the Menominee tribe in the following words :
"Articles of agreement made and concluded at the city of Washington, this 8th day of February, 1831, between John H. Eaton, Secretary of War, and Samuel C. Stambaugh. Indian agent at Green Bay, specially authorized by the President of the United States, and the undersigned chiefs and headmen of the Menominee Nation of Indians, fully authorized and empow- ered by the said nation to conclude and settle all matters pro- vided for by this agreement. The Menominee tribe of Indians by their delegates in council this day define the boundaries of their country as follows, to wit: On the east side of Green Bay, Fox river and Winnebago lake, beginning at the south end of Winnebago lake, thence southeastwardly to the Milwauky or Manawauky river, thence down said river to its mouth at Lake Michigan, thence north along the shore of Lake Michigan to the
180
HISTORY OF WINNEBAGO COUNTY.
mouth of Green Bay, thence up Green Bay, Fox river and Win- nebago lake to the place of beginning, and on the west side of Fox river as follows: Beginning at the mouth of Fox river, thence down the east shore of Green Bay and across its mouth, so as to include all the islands of the 'Grand Traverse,' thence westerly on the highlands between the Lake Superior and Green Bay to the upper forks of the Menomonee river, thence to the Plover portage of the Wisconsin river, thence up the Wisconsin river to the Soft Maple river, thence to the source of the Soft Maple river, thence west to the Plume river, which falls into the Chippewa river, thence down said Plume river to its mouth, thence down the Chippewa river thirty miles, thence easterly to the forks of the Monoy (Lemonweir) river, which falls into the Wisconsin river, thence down the said Monoy river to its mouth, thence down the Wisconsin river to the Wisconsin portage, thence across the said portage to the Fox river, thence down Fox river to its mouth at Green Bay, or the place of beginning. The country described within the above boundaries the Menomo- nees claim as the exclusive property of their tribe."
And grants to the United States a range of territory estimated as 2,500,000 acres, which includes the northeast corner of Win -. nebago county from Doty island north in the following words :
"Third. The Menomonee tribe of Indians, in consideration of the kindness and protection of the Government of the United States and for the purpose of securing to themselves and pos- terity a comfortable home, hereby cede and forever relinquish to the United States all their country on the southeast side of Winnebago lake, Fox river and Green Bay, which they describe in the following boundaries, to wit: Beginning at the south end of Winnebago lake and running in a southeast direction to Mil- wauky or Manawauky river, thence down said river to its mouth, thence north along the shore of Lake Michigan to the entrance of Green Bay. thence up and along Green Bay, Fox river and Winnebago lake to the place of beginning, excluding all private land claims which the United States have heretofore confirmed and sanctioned. It is also agreed that all the islands which lie in Fox river and Green Bay are likewise ceded, the whole com- prising by estimation 2,500.000 acres." *
As compensation for this large territory the United States agreed to set up a mission with all its attendant improvements. the details of which are given complete under the history of Neenah in this work. They also condescended to pay the ex-
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181
TREATIES WITH ABORIGINAL TRIBES.
penses of the delegation to Washington and to furnish each of the Indian members with a new suit of clothes. In addition to this there was to be distributed to the members of the tribe "articles of clothing" within six months to the amount of $8,000, and "flour and wholesome provisions to the amount of $1,000, and $1,000 in specie." There was also an agreed annuity of $6,000 each year for twelve years to be paid the tribe. A pro- vision was made for schools for the children of the tribe of $500, added to $1,500 by a former treaty which is supposed to have gone to the Cadle School at Green Bay. The United States further agreed to furnish the Indians with "fowling guns and ammunition to the value of $4,000," and with $1,000 in value of provisions annually for four years.
Under the treaty the New York Indians were given 500,000 acres on the west side of Fox river running forty miles north of Little Kaukauna, for which the Government agreed to pay the Menominee $20,000. When the Senate ratified the treaty they moved this grant north to one mile above Grand Chute Falls, now Appleton, which brought its boundary several rods into the northern part of Winnebago county, a title subsequently ex- tinguished by other treaties, by which the Oneida were located at Duck Creek and the Stockbridges and Brothertowns on the east side of Winnebago lake.
Treaty of Cedar Point-A Most Important Landmark.
In September, 1836, Gov. Henry Dodge, the first head of the territory of Wisconsin, inaugurated the Fourth of July of that year, came over the trail on horseback to Stanley's shanty, on Coon's Point, to take the ferry across the river on his jour- ney to the Menominee annuity payment then to be held at Cedar Point. In the absence of the regular ferryman, Mr. Henry A. Gallup had the honor of taking the distinguished party over the river. The entire party of six were on horseback. "The Gov- ernor was armed to the teeth. He had two pairs of pistols and a bowie knife on his person, and a brace of large horse pistols in his saddle holsters, I suppose to impress on the Menominee what he once told the Winnebago-that he was as strong as a lion and as brave as Julius Caesar," says Mr. Gallup.
The place of holding this payment and council was at Cedar Point, at Cedar Rapids, on the west bank of Fox river two miles below Appleton, opposite and across the river from the present
183
TREATIES WITH ABORIGINAL TRIBES.
chiefs and headmen of the Menomonie Nation of Indians of the other part.
"Article 1. The said Menomonie Nation agree to cede to the United States all of that tract or district of country included within the following boundaries, viz .: Beginning at the mouth of Wolf river and running up and along the same to a point on the north branch of said river, where it crosses the extreme north or rear line of the 500,000-acre tract heretofore granted to the New York Indians, thence following the line last mentioned in a northeastwardly direction three miles, thence in a northwardly course to the upper forks of the Menomonie river at a point to intersect the boundary line between the Menomonie and Chip- pewa Nation of Indians, thence following the said boundary line last mentioned in an eastwardly direction as defined and estab- lished by the treaty of the Little Butte des Morts in 1827 to the Smooth Rock or Shos-kin-subie (Escanaba) river, thence down the said river to where it empties into Green Bay between the Little and Great Bay de Noquet, thence up and along the west side of Green Bay (and including all the islands therein not heretofore ceded) to the mouth of Fox river, thence up and along the said Fox river and along the west side of Winnebago lake (including the islands therein) to the mouth of Fox river, where it empties into said lake, thence up and along said Fox river to the place of beginning; * . the quantity of land con- tained in the tract hereby ceded being estimated at about 4,000,- 000 acres. *
"Article 2. In consideration of the cession of the aforesaid tract of land, the United States agree to pay to the said Menomo- nie Nation at the lower end of the Wah-ne-kun-nah (Winne- conne) lake, in their own country, the sum of $23,750 (ratified at $20,000) per annum for the term of twenty years. The United States further agree to pay and deliver to the said Indians each and every year during the said term of twenty years the following articles : Three thousand dollars' worth of provisions, 2,000 pounds of tobacco, thirty barrels of salt; also the sum of $500 per year during the same term for the purchase of farming utensils, cattle or implements of husbandry, to be ex- pended under the direction of the superintendent or agent; also to appoint and pay two blacksmiths to be located at such places as may be designated by the said superintendent or agent; to erect (and supply with the necessary quantity of iron, steel and tools) two blacksmith shops during the same term. The United
1
184
HISTORY OF WINNEBAGO COUNTY.
States shall also pay the just debts of the said Menomonie Indians agreeably to the schedule hereunto annexed, amounting to the sum of $99,710.50. · And, whereas, the said Indians are desirous of making some provision and allowance to their relatives and friends of mixed blood, the United States do further agree to pay the sum of $80,000, to be divided among all such persons of mixed blood as the chiefs shall hereafter desig- nate, said sum to be apportioned and divided under the direction of a commissioner to be appointed by the President.
"Article 4. The above annuities shall be paid yearly and every year during the said term in the month of June or July, or as soon thereafter as the amount shall be received, and the said Menomonie Nation do agree to remove from the country ceded within one year after the ratification of this treaty."
It could not be ratified before Congress met in the winter, when it was ratified by the Senate, February 15, 1837, with some changes in detail, which did not affect the cession of the territory mentioned.
When Mr. Webster Stanley ferried the Governor and his escort, returning home from the council, across the river (at Algoma), the Governor informed him of the treaty and extent of territory included. Sure of its ultimate ratification and the lands coming into the market, Mr. Webster Stanley and family and Mr. Henry A. Gallup and his brother, Chester Gallup, and their families moved across the river and took possession of the beautiful tract of lands on which Oshkosh now stands east of Main street, north of Fox river to the shore of Lake Winnebago, erecting a new shack from the spoil of the old one torn down at Coon's Point in South Algoma.
Very soon after this treaty was made the tribe moved over to the west bank of the Wolf river to Lake Poygan, on its south shore, where they established their villages on the triangular piece of land between the Fox and Wolf rivers above their confluence. Blacksmith shops were set up on the west side of the river at Winneconne by Joseph Jourdain.
Treaty of Lake Poygan.
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