USA > Wisconsin > Jefferson County > The history of Jefferson county, Wisconsin, containing biographical sketches > Part 32
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After the close of the revolutionary war, enterprising individuals traversed the whole country which had been ceded to the government, and companies were formed to explore and settle the fertile and beautiful lands beyond the Ohio; but the determination of the British cabinet not to evacuate the western posts, was well known, and had its effect on the people who were disposed to make settlements.
The western tribes were also dissatisfied and threatened war, and efforts were made by the government to settle the difficulties. A grand council was held at the mouth of Detroit river in December, 1787, which did not result favorably, and two treaties were subsequently held, which were not respected by the savages who were parties to them. Soon an Indian war ensued,
which resulted at first disastrously to the American troops under Generals Harmar and St. Clair, but finally with success to the American arms under General Wayne. The treaty of Greenville followed. It was concluded August 3, 1795. At this treaty there were present eleven hundred and thirty chiefs and warriors. It was signed by eighty-four chiefs and General Anthony Wayne, sole commissioner of the United States. One of the provisions of the treaty was that in consid- eration of the peace then established, and the cessions and relinquishments of lands made by the tribes of Indians, and to manifest the liberality of the United States as the great means of render- ing this peace strong and perpetual, the United States relinquished their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and south- ward of the great lakes and the waters united by them, except certain reservations and portions before purchased of the Indians, none of which were within the present limits of this state. The Indian title to the whole of what is now Wisconsin, subject only to certain restrictions, became
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absolute in the various tribes inhabiting it. By this treaty it was stipulated that, of the lands relin- quished by the United States, the Indian tribes who have a right to those lands, were quietly to enjoy them ; hunting, planting, and dwelling thereon so long as they pleased ; but, when those tribes or any of them should be disposed to sell them, or any part of them, they were to be sold only to the United States, and until such sale, the United States would protect all of the tribes in the quiet enjoyment of their lands against all citizens of the United States, and all other white persons who might intrude on the same. At the same time all the tribes acknowledged them- selves to be under the protection of the United States, and no other person or power what- soever.
The treaty also prohibited any citizen of the United States, or any other white man, settling upon the lands relinquished by the general government ; and such person was to be considered as out of the protection of the United States; and the Indian tribe on whose land the settlement might be made, could drive off the settler, or punish him in such manner as it might see fit.
It will be seen that the Indians were acknowledged to have an unquestionable title to the lands they occupied until that right should be extinguished by a voluntary cession to the general government ; and the constitution of the United States, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, adopted and sanctioned previous treaties with the Indian nations, and consequently admitted their rank among those powers who are capable of making treaties.
The several treaties which had been made between commissioners on the part of the United States and various nations of Indians, previous to the treaty of Greenville, were generally restricted to declarations of amity and friendship, the establishment and confirming of bounda- ries, and the protection of settlements on Indian lands ; those that followed were generally for a cession of lands and provisions made for their payment. It is proposed to notice the several treaties that took place after that held at Greenville, showing in what way the territory of the present state, came into possession of the government. As will be seen hereafter, it required trea- ties with numerous tribes of Indians to obtain a clear, undisputed title, as well as many years before it was fully accomplished.
I. A treaty was held at St. Louis, November 3, 1804, between the Sacs and Foxes and the United States. William Henry Harrison was acting commissioner on the part of the govern- ment. By the provisions of the treaty, the chiefs and head men of the united tribes ceded to the United States a large tract on both sides of the Mississippi, extending on the east from the mouth of the Illinois to the head of that river, and thence to the Wisconsin; and including on the west considerable portions of Iowa and Missouri, from the mouth of the Gasconade north- ward. In what is now the state of Wisconsin, this grant embraced the whole of the present counties of Grant and La Fayette and a large portion of lowa and Green counties. The lead region was included in this purchase. In consideration of this cession, the general government agreed to protect the tribes in the quiet enjoyment of their land, against its own citizens and all others who should intrude on them. The tribes permitted a fort to be built on the upper side of the Wisconsin river, near its mouth, and granted a tract of land two miles square, adjoin- ing the same. The government agreed to give them an annuity of one thousand dollars per annum. The validity of this treaty was denied by one band of the Sac Indians, and this cession of land became, twenty-eight years after, the alleged cause of the Black Hawk war.
2. Another treaty was held at Portage des Sioux, now a village in St. Charles county, Mis- souri, on the Mississippi river, September 13, 1815, with certain chiefs of that portion of the Sac nation then residing in Missouri, who, they said, were compelled since the commencement of
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the late war, to separate themselves from the rest of their nation. They gave their assent to the treaty made at St. Louis in 1804, and promised to remain separate from the Sacs of Rock river, and to give them no aid or assistance, until peace should be concluded between the United States and the Foxes of Rock river.
3. On the 14th of September, a treaty was made with the chiefs of the Fox tribe at the same place. They agreed that all prisoners in their hands should be delivered up to the govern- ment. They assented to, recognized, re-established and confirmed the treaty of 1804, to the full extent of their interest in the same.
4. A treaty was held at St. Louis, May 13, 1816, with the Sacs of Rock river, who affirmed the treaty of 1804, and agreed to deliver up all the property stolen or plundered, and in failure to do so, to forfeit all title to their annuities. To this treaty, Black Hawk's name appears with others. That chief afterward affirmed that though he himself had "touched the quill " to this treaty, he knew not what he was signing, and that he was therein deceived by the agent and others, who did not correctly explain the nature of the grant; and in reference to the treaty of St. Louis in 1804, and at Portage des Sioux in 1815, he said that he did not consider the same valid or binding on him or his tribe, inasmuch as by the terms of those treaties, territory was described which the Indians never intended to sell, and the treaty of 1804, particularly, was made by parties who had neither authority in the nation, nor power to dispose of its lands. Whether this was a true statement of the case, or otherwise, it is quite certain that the grant of lands referred to was often confirmed by his nation, and was deemed conclusive and binding by the government. The latter acted in good faith to the tribes, as well as to the settlers, in the disposition of the lands.
5. A treaty of peace and friendship was made at St. Louis, June 3, 1816, between the chiefs and warriors of that part of the Winnebagoes residing on the Wisconsin river. In this treaty the tribe state that they have separated themselves from the rest of their nation; that they, for themselves and those they represent, confirm to the United States all and every cession of land heretofore made by their nation, and every contract and agreement, as far as their interest extended.
6. On the 30th of March, 1817, the Menomonee tribe concluded a treaty of peace and friendship at St. Louis with the United States, and confirmed all and every cession of land before made by them within the limits of the United States.
7. On the 19th of August, 1825, at Prairie du Chien, a treaty was made with the Sioux, Chippewas, Sacs and Foxes, Winnebagoes, Ottawas and Pottawattamies, by which the boundary between the two first nations was agreed upon; also between the Chippewas, Winnebagoes and other tribes.
8. Another treaty was held August 5, 1826, at Fond du Lac of Lake Superior, a small settlement on the St. Louis river, in Itaska county, Minn., with the same tribes, by which the previous treaty was confirmed in respect to boundaries, and those of the Chippewas were defined, as a portion of the same was not completed at the former treaty.
9. A treaty was made and concluded August 1, 1827, at Butte des Morts, between the United States and the Chippewa, Menomonee and Winnebago tribes, in which the boundaries of their tribes were defined ; no cession of lands was made.
10. A treaty was made at Green Bay, August 25, 1828, with the Winnebagoes, Pottawat- tamies and other tribes. This treaty was made to remove the difficulties which had arisen in consequence of the occupation by white men of that portion of the mining country in the south- western part of Wisconsin which had not been ceded to the United States. A provisional
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boundary was provided, and privileges accorded the government to freely occupy their territory until a treaty should be made for the cession of the same. This treaty was simply to define the rights of the Indians, and to give the United States the right of occupation.
II. Two treaties were made at Prairie du Chien, on the 29th of July, 1829, and August I, 1829: at the first date, with the Chippewas, Ottawas and Pottawattamies, by which these nations ceded all their lands which they claimed in the northwestern part of Illinois; and at the latter date with the Winnebagoes, by which that nation ceded and relinquished all their right, title and claim to all their lands south of the Wisconsin river, thus confirming the purchase of the lead- mine region. Certain grants were made to individuals, which grants were not to be leased or sold by the grantees.
By this important treaty, about eight millions of acres of land were added to the public domain. The three tracts ceded, and forming one whole, extended from the upper end of Rock river to the mouth of the Wisconsin, from latitude 41º 30' to latitude 43° 15', on the Mississippi. Following the meanderings of the river, it was about two hundred and forty miles from west to east, extending along the Wisconsin and Fox rivers, affording a passage across the country from the Mississippi to Lake Michigan. The south part of the purchase extended from Rock Island to Lake Michigan.
12. Another important treaty was made at Green Bay, February 8, 1831, between the Meno- monee Indians and the United States. That nation possessed an immense territory. Its eastern division was bounded by the Milwaukee river, the shore of Lake Michigan, Green bay, Fox river, and Lake Winnebago; its western division, by the Wisconsin and Chippewa rivers on the west, Fox river on the south, Green bay on the east, and the high lands which flow the streams into Lake Superior on the north. By this treaty all the eastern division, estimated at two and a half millions of acres, was ceded to the government. By certain other provisions, the tribe was to occupy a large tract lying north of Fox river and east of Wolf river. Their territory farther west was reserved for their hunting-grounds until such time as the general government should desire to purchase it. Another portion, amounting to four millions of acres, lying between Green bay on the east and Wolf river on the west, was also ceded to the United States, besides a strip of country, three miles in width, from near the portage of the Wisconsin and Fox rivers north, on each side of the Wisconsin river, and forty-eight miles long - still leaving the tribe in peaceable possession of a country about one hundred and twenty miles long, and about eighty broad. By supplementary articles to the treaty, provision was made for the occupancy of certain lands br the New York Indians- two townships on the east side of Lake Winnebago.
13. At the conclusion of the Black Hawk war, in 1832, for the purpose of clearing up the Indian title of the Winnebago nation in the country, a treaty was made and concluded at Fort Armstrong, September 15, 1832. All the territory claimed by this nation lying south and east of the Wisconsin and Fox river of Green bay, was ceded to the United States, and no band or party of Winnebagoes was allowed to reside, plant, fish or hunt on these grounds, after June 1, 1833. or on any part of the country therein ceded.
14. On the 27th of October, 1832, articles of agreement were made and concluded at Green Bay between the United States and the Menomonee Indians, by the terms of which that nation ceded to the New York Indians certain lands on Fox river.
15. An important treaty was made at Chicago, September 26, 1833, between the United States and the Chippewas, Ottawas and Pottawattamies. Those nations ceded to the government all their lands along the western shore of Lake Michigan, and between that lake and the land ceded to the United States by the Winnebago nation at the treaty at Fort Armstrong, September
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15, 1832, bounded on the north by the country lately ceded by the Menomonees, and on the south by the country ceded at the treaty at Prairie du Chien, July 19, 1829 -containing about five millions of acres.
16. On the 3d of September, 1836, a treaty was made at Cedar Point with the Menomonees, by which lands lying west of Green bay, and a strip on the upper Wisconsin, were ceded to the United States -the quantity of land ceded being estimated at four millions of acres in the Green bay portion ; on the Wisconsin river, a strip three miles wide on each side of the river, running forty-eight miles north in a direct line, equivalent to 184,320 acres.
17. On the 29th of July, 1837, a treaty was made with the Chippewas of the Mississippi, at Fort Snelling, and the United States, the nation ceding to the government all their lands in Wisconsin lying south of the divide between the waters of Lake Superior and those of the Mississippi.
18. Certain chiefs and braves of the Sioux nation of the Mississippi, while visiting Washing- ton, September 29, 1837, ceded to the United States all their lands east of the Mississippi, and all their islands in said river.
19. The Winnebago nation, by the chiefs and delegates, held a treaty with the government at Washington, November 1, 1837. That nation ceded all their lands east of the Mississippi, and obligated themselves to remove, within eight months after the ratification of the treaty, to certain lands west of the river Mississippi which were conveyed to them by the treaty of Sep- tember 21, 1832.
20. The Oneida or New York Indians, residing near Green Bay, by their chief and repre- sentative, on the 3d of February, 1838, at Washington City, ceded to the United States their title and interest in the land set apart by the treaty made with the Menomonees, May 8, 1831, and the treaty made with the same tribe, October 7, 1832, reserving about 62,000 acres.
21. Another treaty was made at Stockbridge on the 3d of September, 1839, by which the Stockbridge and Munsee tribes (New York Indians) ceded and relinquished to the United States the east half of the tract of 46,080 acres which was laid off for their use on the east side of Lake Winnebago by treaty of October 7, 1832
22. On the 4th of October, 1842, a treaty was made at La Pointe, on Lake Superior, with the Chippewas. All their lands in the northern and northwestern parts of Wisconsin were ceded to . the United States.
23. The Menomonee nation, on the 18th of October, 1848, at Pow-aw-hay-kon-nay, ceded and relinquished to the United States all their lands in the state, wherever situated - the gov- ernment to furnish the nation as a home, to be held as Indian lands are held, all the country ceded to the United States by the Chippewa nation August 2, 1847, the consideration being the sum of $350,000, to be paid according to the stipulations of the treaty. A supplementary treaty was made on the 24th of November, 1848, with the Stockbridges - the tribe to sell and relinquish to the United States the township of land on the east side of Lake Winnebago, secured to said tribe by treaty of February 8, 1831.
24. A treaty was made with the Menomonee nation, at the falls of Wolf river, May 12, 1854, being a supplementary treaty to one made October 18, 1848. All the lands ceded to that nation under the treaty last named was ceded to the United States - the Menomonees to receive from the United States a tract of country lying on Wolf river, being townships 28, 29 and 30, of ranges 13, 14, 15, 16.
25. A treaty was made with the Chippewas of Lake Superior, at La Pointe, on the 30th of September, 1854. That nation ceded to the United States all lands before owned by them in common with the Chippewas of the Mississippi -lying in the vicinity of Lake Superior in Wis-
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consin and Minnesota.
26. On the 5th of February, 1856, a treaty was held with the Stockbridge and Munsee tribes, at Stockbridge. All the remaining right and title to lands in the town of Stockbridge, possessed by them, was ceded to the United States; and the said tribes were to receive in exchange a tract of land near the southern boundary of the Menomonee reservation, and by treaty made at Keshena, February 11, 1856, the Menomonees ceded two townships to locate the said tribes.
With this last treaty, the Indian title to all the lands of the present state of Wisconsin was ceded to the United States government, except a few small reservations to certain tribes, and a perfect, indefeasible title obtained to all the territory within its borders.
In the region of country which is now the state of Wisconsin, the settlements in early times were, as before stated, near Green Bay and at Prairie du Chien. Soon after the organization cf the Northwest territory, the subject of claims to private property therein received much attention. By an act of congress approved March 3, 1805, lands lying in the districts of Vincennes, Kas- kaskia and Detroit, which were claimed by virtue of French or British grants, legally and fully executed, or by virtue of grants issued under the authority of any former act of congress by either of the governors of the Northwest or Indiana territory, which had already been surveyed, were, if necessary, to be re-surveyed : and persons claiming lands under these grants were to have until November 1, 1805, to give notice of the same. Commissioners were to be appointed to examine, and report at the next session of congress. An act was also passed, approved April 25, 1806, to authorize the granting of patents for lands, according to government surveys that had been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes Another act was approved May 11, 1820, reviving the powers of the commissioners for ascertaining and deciding on claims in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan ; the commis- sioners to have power to examine and decide on claims filed with the register of the land office, and not before acted on, in accordance with the laws respecting the same. The commissioners discharged the duties imposed on them, and in their report to congress in reference to the claims at Green Bay, they said that the antiquity of this settlement being, in their view, sufficiently established, and that they, being also satisfied that the Indian title must be considered to have been extinguished, decide favorably on the claims presented. About seventy-five titles were con- firmed, and patents for the same were sent to the proper parties by the government. In relation to the Prairie du Chien titles, they reported " that they had met few difficulties in their investi- gations; that, notwithstanding the high antiquity which may be claimed for the settlement of that place, no one perfect title founded on French or British grant, legally authenticated, had been successfully made out; and that but few deeds of any sort have been exhibited." This they attribute to the carelessness of the Canadians in respect to whatever concerned their land titles, and accords with whatever is known in this regard, of the French population throughout the country. They therefore came to the conclusion that whatever claim the people of the place possessed, and might have for a confirmation of their land titles, they must be founded upon proof of con tinued possession since the year 1796 The commissioners further say, that " since the ancestors of these settlers were cut off, by the treaty which gave the Canadas to the English, from all inter- course with their parent country, the people both of Prairie du Chien and Green Bay have been left, until within a few years, quite isolated, almost without any government but their own; and, although the present population of these settlements are natives of the countries which they inhabit, and, consequently, are by birth citizens of the northwest, yet, until a few years, they have had as little political connection with its government as their, ancestors had with the British. Ignorant of their civil rights, careless of their land titles, docility, habitual hospitality, cheerful
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submission to the requisitions of any government which may be set over them, are their universal characteristics."
In reference to grants by the French and English governments, the commissioners say, they " have not had access to any public archives by which to ascertain with positive certainty, whether either the French or English ever effected a formal extinguishment of the Indian title at the mouth of the Wisconsin, which also may be said of the land now covered by the city of Detroit , that the French government was not accustomed to hold formal treaties for such purposes with the Indians, and when the lands have been actually procured from them, either by virtue of the assumed right of conquest, or by purchase, evidence of such acquisition is rather to be sought in the traditionary history of the country, or in the casual or scanty relations of travelers, than among collections of state papers. Tradition does recognize the fact of the extinguishment of the Indian title at Prairie du Chien by the old French government, before its surrender to the English; and by the same species of testimony, more positive because more recent, it is estab- lished also, that, in the year 1781, Patrick Sinclair, lieutenant governor of the province of Upper Canada, while the English government had jurisdiction over this country, made a formal purchase from the Indians of the lands comprehending the settlement of Prairie du Chien."
The territories and states formed from the section known as the Northwest territory, were :
I The Northwest territory proper (1787-1800) having jurisdiction over all the lands referred to in the ordinance of 1787. In 1802, Ohio was organized as a state with its present boun- daries.
2. Indiana territory was formed July 4, 1800, with the seat of government at Vincennes That territory was made to include all of the northwest, except what afterward became the state of Ohio.
3. Michigan territory was formed June 30, 1805. It was bounded on the south by a line drawn east from the south bend of Lake Michigan, on the west by the center of Lake Michigan. It did not include what is now Wisconsin. The upper peninsula was annexed in r836. The state of Michigan was formed January 26, 1837, with its present boundaries.
4. Illinois territory was formed March 2, 1810. It included all of the Indiana territory west of the Wabash river and Vincennes, and a line running due north to the territorial line. All of Wisconsin was included therein, except what lay east of the line drawn north from Vincennes.
5. Indiana was admitted as a state April 19, 1816, including all the territory of Indiana territory, except a narrow strip east of the line of Vincennes, and west of Michigan territory, her western boundary.
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