Treaty at Fort Greenville, 1795 - 225 upon the same. And the said Indian tribes again acknowledge themselves to be under the protection of the said United States, and no other power whatever. ART. VI. If any citizen of the United States, or any other white 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 land the settlement shall be made, may drive off the settler, or punish him in such manner as they shall think fit ; and because such settlement 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 liberty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands hereinbefore stipulated. ART. VII. 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 1 the people of the United States. ART. VIII. Trade shall be opened with the said Indian tribes; and they do herby respectively engage to afford protection to such persons, with their property, 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 superintendent of the department northwest of the Ohio, or such other person as the President of the United States shall authorize to grant 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 complarnt 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 him before the superintendent or his deputy, to be dealt with according to law. And to prevent imposition by forged licenses, the said Indians shall, at least once a year, give information to the superintendent or his deputies, of the names of the traders residing among them - 15 - 226 - Treaty at Fort Greenville, 1795. ART. IX. Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States, and the said Indian tribes, agree that, for injuries done by individuals on either si no private revenge or retaliation shall take place ; but instead thereof, complaint shall b 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 superintendent by him appointed; and by the superintendent or other person appointed by the President, to the principal chiefs of the said Indian tribes, or of the tribe to which the offender belongs ; and such pro. dent measures shall then be pursued as shall be necessary 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 meditate a war against the United States, or either of them, and the same either come to the knowledge of the before mentioned tribes, or either of them, they do hereby engage to give immediate notice thereogiye the general or officer commanding the troops of the United Sates, at the nearest post. And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same endeavor like manner give information of such attempt to the general or officer commanding, as soon offrcerible, that all causes of distrust or suspicion may be avoided between 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 to their knowledge; and do all in their power to Linder and prevent the same, that the friendship between them may be uninterrupted. ART. X. 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 United States and Great Britain, that come within the purview of this treaty, shall henceforth cease and become void. In testimony whereof, the said ANTHONY WAYNE, and the Sachems and War-Chiefs of the before-mentioned Nations and Tribes of Indians, have hereunto set their hands and affixed their seals. Done at Greenville, in the Territory of the United States, northwest of the river Ohio, on the 3rd day of Augst, one thousand seven hundred and ninety-five. Treaty at Fort Industry - 227 “A treaty between the United States and the sachems, chiefs and warriors of the Wyandot, Ottawa, Chippewa and Munsee, Delaware, Shawanee and Pottawatima nations, was holden at Fort Industry, Miami of the Lake, on the 4th day of July A. D., 1805." In Article II. of this treaty it is declared that " the boundary line between the United States and the nations aforesaid, shall in future be a meridian line drawn North and South through a boundary to be erected, on the south shore of Lake Erie, one hundred and twenty miles due west of the west boundary line of the State of Pennsylvania, extending north until it intersects the boundary line of the United States, and extending south until it intersects a line heretofore established by the treaty of Greenville." ART- III. " The Indian nations aforesaid, for the consideration of friendship to the United States and the sums of money hereinafter mentioned to be paid annually to the Wyandot, Shawanee, Munsee and Delaware nations, have ceded and do hereby cede and relinquish to said United States forever, all the lands belonging to said United States lying east of the aforesaid line, bounded southerly and easterly by the line established by said treaty of Greenville, and northerly by the northernmost part of the forty-first degree of north latitude." By this treaty $16,000 were paid and a perpetual annuity of $1,000 was guara teed to the different tribes, parties to it. The sum of 64,000 was secured to the President, in trust for them, by the Con. necticut Land Company and the proprietors of the half million acres of land, called Sufferers' Land. The same company and proprietors secured to the President $2,916.67 to raise an annuity of $175, part of said annuity of $1,000. These were the amounts paid by the agents of the Western Reserve for the cession of the Indian lands. On the 17th of November, 1807, a treaty was made at Detroit between " William Hull, Governor of the Territory of Michigan at d superintendent of Indian affairs on the part of the United States, and the sachems, chiefs and warriors of the Ottoway, Chippeway, Wyandotte and Pottawatamie nations of Indians on the other part." Under this treaty the following described lands were ceded to the United States: "Beginning at the mouth of the Miami River of the Lakes and running thence up the middle thereof to the mouth of the Great Au Glaize River; thence running due north until it intersects a parallel of latitude, to be drawn from the outlet of Lake 228 - Treaty at Detroit, 1807. Huron, which forms the River Sinclair; thence running northeast, the course that may be found will lead in a direct line to White Rock, in Lake Huron ; thence due east until it intersects the boundary line between the United States and Upper Canada, in said lake ; thence southerly, following the said boundary line down said lake, through River Sinclair, Lake St- Clair and the River Detroit into Lake Erie to a point due east of the aforesaid Miami River ; thence west to the place of beginning." The Indians also reserved in this treaty, one tract of land six miles square, on the Miami of Lake Erie above Roche de Boeuf, to include the village where Tondanie (or the Dog) now lives. Also three miles square on the said river (above the twelve miles square ceded to the United States by the treaty of Greenville), including what is called Presque Isle ; also four miles square on the Miami Bay, inclnding the villages where Meshkemau and Wau-gau now live." Articles of a treaty made and concluded at Brownstown, in the Territory Of Michigan, between William Hull, Governor of the said Territory and Superintendent of Indian Affairs and Commissioner Plenipotentiary of the United States of America, for concluding any treaty or treaties which may be found necessary with any of the Indian tribes Northwest of the River Ohio, of the one part, and the sachems, chiefs and warriors of the Chippewa, Ottawa, Pottawatamie, Wyandot and Shawanese nations of Indians of tit other part, concluded November 25, 1808: ARTICLE I. Whereas, by a treaty concluded at Detroit on the I it day of November, A. D., 1807, a tract of land lying to the west an north of the Miami of Lake Erie, and principally within the Territory of Michigan, was ceded by the Indian nations to the United States; and, whereas, the lands lying on the southeastern side of the said River Miami, and between said river and the boundary line established by the treaties of Greenville and Fort Industry, with the exception of a few small reservations to the United States, still belong to the Indian nations, so that the United States cannot, of right, open and maintain a convenient road from the settlements in the State of Ohio to the settlements in the Territory of Michigan, nor extend those settlements so far as to connect them ; in order, therefore, to promote this object so desirable and evidently beneficial to the Indian nations, as well as to the United States, the parties have agreed to the following articles, which, when ratified by ,the President of the United States, by and with the advice and consent of the Senate thereof, shall be reciprocally binding. Treaty at Brownstown, 1808 - 229 ORIGIN OF THE WESTERN RESERVE AND MAUMEE ROAD. ART. II. The several nations of Indians aforesaid, in order to promote the object mentioned in the preceding article, and in consideration of the friendship they bear towards the United States for the liberal and benevolent policy which has been practiced towards them by the government thereof; do hereby give, grant and cede unto the said United States, a tract of land for a road of one hundred and twenty feet in width, froth the foot of the rapids of the River Miami of Lake Erie to the western line of the Connecticut reserve, and all the land within one mile of the said road, on each side thereof, for the purpose of establishing settlements along the same ; also a tract of land, for a road only, of one hundred and twenty feet in width, to run southwardly from what is called Lower Sandusky to the boundary line established by the treaty of Greenville, with the privilege of taking, at all times, such timber and other materials from the adjacent lands as may be necessary for making and keeping in repair the said road, with the bridges that may be required along the same. Articles of a Treaty, made and concluded at the foot of the Rapids of the Miami of Lake Erie, on the 29th September, 1817, between LEWIS CASS and DUNCAN MCARTHUR, Commissioners of the United States, with full power and authority to hold conferences, and conclude and sign a treaty or treaties with all or any of the tribes or nations of Indians within the boundaries of the State of Ohio, of and concerning all matters interesting to the United States and the said nations of Indians, on the one part ; and the sachems, chiefs and warriors of the Wyandot, Seneca, Delaware, Shawanese, Pottawatomees, Ottawas, and Chippeway tribes of Indians. By the stipulations of this treaty contained in the first article, the Wyandots ceded to the United States the lands comprehended within the following boundaries : "Beginning at a point on the southern shore of Lake Erie, where the present Indian boundary line intersects the same, between the mouth of Sandusky bay and the mouth of Portage river ; thence running south with said line, to the line established in the year 1795, by the treaty of Greenville, which runs front the crossing place above Fort Lawrence to Loramie's store; thence westerly, with the last mentioned line to the eastern line of the Reserve at Loramie's store; thence, with the lines of said reserve, north and west, to the north western corner thereof; thence to the north-western corner of the reserve on the river St. Mary's, at the head of the navigable waters thereof ; thence 230 - Treaty at the foot of the Rapids, 1817. east to the western bank of the St. Mary's river aforesaid ; thence down on the western bank of the said river to the reserve at Fort Wayne; thence with the lines of the last mentioned reserve, easterly and northerly, to the north bank of the river Miami of Lake Erie; thence down on the north bank of the said river, to the western line of the land ceded to the United States by the treaty of Detroit, in the year 1807 ; thence, with the said line south, to the middle of said Miami river, opposite the mouth of the Great Auglaize river; thence down the middle of said Miami river, and easterly with the lines of the tract ceded to the United States by the treaty of Detroit aforesaid so far that a south line will strike the place of beginning." In Art. 2, " the Potowatamy, Ottawas and Chippeway tribes of Indians, in consideration of the stipulations herein made on the part the United States," ceded the land- described within the following boundaries : "Beginning where the western line of the State of Ohio crosses the river Miami of Lake Erie, which is about twenty-one miles above the mouth of the Great Auglaize river ; thence down the middle of the said Miami river, to a point north of the mouth of the Great Auglaize river ; thence, with the western line of the land ceded to the United States by the treaty of Detroit, hi 1807, north forty-five miles; then west so far that a line south will strike the place of beginning; thence south to the place of beginning." By Art. 3, " the Wyandot, Seneca, Delaware, Shawanese, Potawatomy, Ottawas and Chippeway tribes of Indians," accede to the cessions mentioned in the two preceding articles. Art. 4 requires that the United States pay annually, forever, "certain sums in specie to the several tribes above mentioned, to wit: to the Wyandots at Upper Sandusky; to the Senecas at Lower Sandusky ; to the Shawanese and Delaware tribes at Wapaughkonnetta; and to the Pottawatomie, Ottawas and Chippewa tribes at Detroit. GRANTS AT WAPAUGHKONNETTA. A clause in Art. 6 requires the United States to grant by patent, in fee simple, to Catewekesa or Black Hoof, Byaseka or Wolf, Pomthe or Walker, Shemenetoo or Big Snake, Othawakeseka or Yellow Feather, Chakalowah or Tail's End, Pemthala or John Perry, Wabepee of White Color, chiefs of the .Shawanese tribe residing at Wapaughkonnetta, aid their successors in office, chiefs of the said tribe residing there, for the use of the persons mentioned, Treaty at the foot of the Rapids, 1817 - 231 in the annexed schedule, a tract of land ten miles square, the centre of which shall be the council house. at Wapaughkonnetta. UPPER SANDUSKY GRANT. The United States, in Art. 6, also grant, by patent, in fee simple, to Doanquod, Howoner, Rontondee, Tauyau, Rontayau, Dawatont, Manacue, Tauyaudautauson and Haudaunwaugh, chiefs of the Wyandot tribe, and their successors in office, chiefs of the said tribe, for the use of the persons an for the purposes mentioned in the annexed schedule, a tract of land twelve miles square, at d Upper Sandusky, the centre of which shall be the place where Fort Ferree stands ; and also a tract of one mile square, to be located where the chiefs direct, on a cranberry swamp, on Broken Sword Creek, and to be held for the use of the tribe. GRANTS ON HOG CREEK. In another clause of the same article, the United States further granted, by patent, in fee simple, to Peeththa or Falling Tree, and, to Oonwaskemo or the Resolute Man, chiefs of the Shawanese tribes, residing on Hog Creek, and their successors in office, chiefs of the said tribe, residing there, for the use of the persons mentioned in the annexed schedule, a tract of land containing twenty-five square miles, which is to join the tract granted at Wapaughkonnetta, and to include the Shawanese settlement on Hog Creek, and to be laid off as nearly as possible in a 'square form. BLANCHARD'S FORK AND LITTLE AUGLAIZE GRANTS. The last clause in Art. 6 stipulates that " there shall also be reserved for the use of the Ottawas Indians, but not granted to them, a tract of land on Blanchard's Fork of the Great Auglaize river, to contain five miles square, the centre of which tract is to be where the old trace crosses the said fork, and one other tract to contain three miles square, on the Little Auglaize river, to include Oquanoxa's vrllage." In Art. 8, the United States, "at the special request of the said Indians, agree to grant, by patent, in fee simple, to the persons hereinafter mentioned, all of whom are connected with the said Indians, by blood or adoption," the tracts of land herein described : GRANT NEAR GROGHANSVILLE. To Elizabeth Whitaker, who was taken prisoner by the Wyandots, and has ever since lived among them, 1280 acres of land, on the west 232 - Treaty at the foot or the Rapids, 1811. side of the Sandusky river, near Croghansville, to be laid off in a square form, as nearly as the meanders of the said river will admit and to run an equal distance above and below the house in which the said Elizabeth Whitaker now lives. CAMP OR FORT BALL GRANT. To Robert Armstrong, who was taken prisoner by the Indians, and has ever since lived among them, and married a Wyandot woman, one section to contain 640 acres of land on the west side of the Sandusky river, to begin at the place called Camp Ball, and fo 'run up the river, with the meanders thereof, 160 poles, and, from the beginning; down the river, with the meanders thereof, 160 poles, and from the extremity of these lines west for quantity. GRANT NEAR MAUGAUGON. To the children of the late William M'Collock, who was killed in August, 1812, near Maugaugon, and who are quarter blood Wyandot Indians, one section, to contain 640 acres of land, on the west side of the Sandusky river, adjoining the lower line Of the tract hereby granted to Robert Armstrong, and extending in the same manner with and from the said river. GRANT NEAR CROGHANSVILLE. To Sarah Williams, Joseph Williams and Rachel Nugent, late Rachel Williams, the said Sarah having been taken prisoner by the Indians, and ever since lived among them, and being the widow, and the said Joseph and Rachel being the children, of the late Isaac Williams, a half-blood Wyandot, one quarter section of land, to contain 160 acres, on the east side of the Sandusky river, below Croghansville, and to include their improvements at a place called Negro Point. GRANT ADJOINING WAPAUGHKONNETTA. To the children of the late Shawanese Chief, Captain Logan, or Spamagelabe, who fell in the service of the United States during the late war, one section of land, to contain 640 acres, on the east side of the Great Auglaize river, adjoining the lower line of the grant of ten miles at Wapaughkonnetta and the said river. GRANT TO ANTHONY SHANE. To Anthony Shane, a half-blood Ottawas Indian, one section of land, to contain 640 acres, on the east side of the River St. Mary's, and to begin opposite the house in which the said Shane now lives Treaty at the foot of the Rapids, 1817 - 233 thence, up the river, with the meanders thereof, 160 poles, and from the beginning down the river, with the meanders thereof, 160 poles, and from the extremity of said lines east for quantity ANOTHER GRANT ON THE SANDUSKY. To Horonu, or the Cherokee Boy, a Wyandot Chief, a section of land, to contain 640 acres, on the Sandusk river, to be laid off in a square form, and to include his improvements. GRANT TO THE GODFROYS. To Alexander D. Godfroy and Richard Godfroy, adopted children of the Potawatomy tribe, and at their special request, one section of land, to contain 640 acres, in the tract of country herein ceded to the United States by the Pottawatomy, Ottawas and Chippewa, tribes, to be located by them, the said Alexander and Richard, after the said tract shall have been surveyed. [This grant was located within the present township of Dublin, in Mercer county.] GRANT TO PETER MINOR, [MANOR.] To Sawendebaus, or the Yellow Hair, or Peter Minor, an adopted son of Tondagamie, or the Dog, and at the special request of the Ottawas, out of the tract reserved by the treaty of Detroit, in 1807, above Roche de Boeuf, at the village of the said Dog, a section of land to contain 640 acres, to be located in a square form, on the north side of the Miami, at the Wolf Rapid. [This grant embraced the town of Providence, Lucas county.] INDIAN AGENCIES ESTABLISHED. In Article IX, the United States agree to appoint an agent, to reside among or near the Wyandots, to aid them in the protection of their persons and property, to manage their intercourse with the government and citizens of the United States, and to discharge the duties which commonly appertain to the office of Indian agent ; and the same agent is to execute the same duties for the Senecas and Delawares on the Sandusky river. And an agent for similar purposes, and vested with similar powers, shall be appointed, to reside among or near the Shawanese, whose agency shall include the reservations at Wapaughkonnetta, at Lewistown, at Hog Creek, and at Blanchard's Creek. And the agent for the Wyandots and Senecas shall occupy such land in the grant at Upper Sandusky as may be necessary for him and the persons attached to the agency.   234 - Treaties at St. Mary's, 1818. The United States, in Article X, engage to erect sawand grist mills, and also to maintain a blacksmith, for the use of the Wyandots and Senecas upon the reservation of the Wyandots, and also for the use of the Indians at Wapaughkonnetta, Hog Creek and Lewistown. GRANT TO THE OTTAWAS By Article XX, the United States also agree to grant, by patenf, to the chiefs of the Ottawas tribe of Indians, for the use of said tribe, a tract of land to contain thirty-four square miles, to be laid out as nearly in a square form as practicable, not interfering with the lines of the tracts reserved by the treaty of Greenville, on the south side of the Miami river of Lake Erie, and to include Tushquegan, or M'Carty's village ; which tract, thus granted, shall be held by the said tribe upon the usual condition of Indian reservations,. as though no patent were issued. On the 17th of September, 1818, a treaty was made and concluded at St. Mary's, in the State of Ohio, between Lewis Cass and Duncan McArthur, commissioners on the part of the United States, and the sachems, chiefs and warriors of the Wyandot, Seneca, Shawanese and Ottawas ; being supplementary to the treaty made and concluded with the said tribes, and the Delaware, Pottawatamie and Chippewa tribes of Indians, at the foot of the rapids of the Miami of Lake Erie, on the 29th day of September, A. D. 1817. By the terms of Article I. of this treaty, it is stipulated that the grants in the treaty of the 29th of September, 1817, are to be considered only as reservations for the use of the Indians named in the schedule to the said treaty, and held by them and their heirs forever, unless ceded to the United States. ADDITIONAL RESERVATIONS FOR THE WYANDOTS. In Article II. it is also agreed that there shall be reserved for the use of the Wyandots, in addition to the reservations before made, fifty-five thousand six hundred and eighty acres of land, to be laid off in two tracts, the first to adjoin the south line of the section of six hundred and forty acres of land heretofore reserved for the Wyandot chief, the Cherokee Boy, and to extend south to the north line of the reserve of twelve miles square, at Upper Sandusky, and the other to adjoin the east line of the reserve of twelve miles square' at Upper Sandusky, and to extend east for quantity. Treaties at St. Mary's, 1818 - 235 RESERVATIONS AT THE HEAD OF BLANCHARD'S FORK AND ON SANDUSKY RIVER. It is also provided that there shall be reserved for the use of the Wyandots residing at Solomon's Town and on Blanchard's Fork, in addition to the reservations before made, sixteen thousand acres of land, to be laid off in a square form on the head of Blanchard's Fork, the centre of which shall be at the Big Spring on the trace leading from Upper Sandusky to Fort Findlay ; and one hundred and sixty acres of land, for the use of the Wyandots, on the west side of the Sandusky river, adjoining the said river and the lower line of two sections of land, agreed, by the treaty to which this is supplementary, to be granted to Elizabeth Whittaker. ADDITIONAL RESERVATIONS AT WAPAUGHKONNETTA AND ON SANDUSKY RIVER. There shall also be reserved for the use of the Shawanese, in addition to the reservations before named, twelve thousand eight hundred acres of land, to be laid off adjoining the east line of their reserve of ten miles square at Wapaughkonnetta ; and for the use of the Shawanese and Senecas, eight thousand nine hundred and sixty acres of land, to be laid off adjoining the west line of the reserve of forty-eight square miles at Lewistown. And the last reserve hereby made, and the former reserve at the same place, shall be equally divided by an east and west line, to be drawn through the same. And the north half of the said tract shall be reserved for the use of the Senecas who reside there, and the south half for the use of the Shawanese who reside there. There shall also be reserved for the use of the Senecas, in addition to the reservations before made, ten thousand acres of land, to be laid oft on the east side of the Sandusky river, adjoining the south lrne of their reservation of thirty thousand acres of land, which begins on the Sandusky river at the lower corner of William Spicer's section, and excluding therefrom the said William Spicer's section. A treaty was also made and concluded at St. Mary's, September 20, 1818, between Lewis Cam, commissioner of the United States, and the chiefs and warriors of the Wyandot tribe of Indians, by the terms of which the latter cede to the United States two tracts of land in the Territory of Michigan ; one including the village called Brownstown, and the other the village called Maguagua, formerly 236 - Treaties at St. Mary's, 1818. in possession of the Wyandot tribe of Indians, containing in the whole not more than five thousand acres of land, which two tracts of land were reserved for the use of the said Wyandot of tribe Indians and their descendants for the term of fifty years, agreeably to the provisions of the act of Congress, passed February 28, 1809, and entitled, "An act for the relief of certain Alabama and Wyandot Indians ;" in consideration of which the United States cede certain lands to the Wyandots on the south side of the River Huron, in the Territory of Michigan, containing four thousand nine hundred and ninety-six acres. DELAWARES CEDE THEIR LANDS IN INDIANA. A treaty was concluded with the Delaware tribe of Indians, Ober 3, 1818, Jonathan Jennings, Lewis Cass and Benjamin Parke, commissioners on the part of the United States, by the terms of which the tribe cede to the United States all their lands in Indiana, in consideration that the latter agree to provide for them a country to reside in upon the west bank of the Mississippi, and to guarantee to them the peaceable possession of the same. CESSION OF LANDS BY THE MIAMIES. A treaty was also made at St. Mary's between the commissioners above named and the Miami nation of Indians, on the 6th day of October, 1818, by which that nation cede to the United States the following tract of country : " Beginning at the Wabash river, where the present Indian boundary line crosses the same, near the mouth of Raccoon creek ; thence up the Wabash river to the reserve at its head near Fort Wayne ; thence to the reserve at Fort Wayne ; thence with the lines thereof to the St. Mary's River ; thence up the St. Mary's river to the reservation at the portage ; thence with the line of the cession made by the Wyandot nation of Indians to the United States, at the foot of the rapids of the Miami of Lake Erie, on the 29th day of September, A. D. 1817, to the reservation at Loramie s store; thence with the present Indian boundary line to Fort Recovery ; and, with the said line, following the courses thereof to the place of beginning." OTHER CESSIONS NEAR FORT WAYNE. In Article III. the United States agree to grant, by patent in fee simple, to Jean Bapt. Richardville, principal chief of the in Treaties at St. Mary's 1818 - 237 nation of Indians, the following tracts of land : "Three sections of laud, beginning about twenty-five rods below his house, on the giver St. Mary's, near Fort Wayne ; thence at right angles with the course of the river one mile; and from this line and the said river op the stream thereof for quantity. Two sections upon the east side of the St. Mary's river near Fort Wayne, running east one mile with the military reservation ; thence from that line, and from the river for quantity. Two sections on the Twenty-seven mile creek where the road from St. Mary's to Fort Wayne crosses it, being one section on each side of said creek." “Two sections on the left bank of the Wabash, commencing at the forks and running down the river." OTHER GRANTS TO PERSONS THEREIN NAMED. "The United States also agree to grant to each of the following persons, being Miami Indians by birth, and their heirs, the tracts of land herein described : "To Joseph Richardville and Joseph Richardville, Jr., two sections of land, being one on each side of the St. Mary's River, and below the reservation made on that river by the treaty of Greenvville in 1795." "Th Francis Godfroy six sections of land on the Salamanie river, at a place called La Petite Prairie. "To Lewis Godfroy, six sections of land upon St. Mary's River above the reservation of Anthony Shane. "To Charley, a Miamie chief, one section of land on the west side of St. Mary's River below the section granted to Pemetche, or the Crescent. " To Francois La Fontaine and his son, two sections of land adjoining and above the two sections granted to Jean Bapt. Richardville near Fort Wayne, and on the same side of the St. Mary's River. "To the children of Antoine Rivarre, two sections of land at the mouth of the Twenty-seven mile creek and below the same. “To Peter Labadie, one section of land on the River St. Mary's, below the section granted to Charley. "To the son of George Hunt, one section of land on the west side of St. Mary's River, adjoining the two sections granted to Francois La Fontaine and his son. 288 - Saginaw Treaty; 1819 "To Josette Beaubien, one section of land on the left bank of the St. Mary's, above and adjoining the three sections granted to Jean Richardville. "To William Wayne Wells, Mary Wells and Jane Turner Wells half-blooded Miamies, were each granted a section of land." SAGINAW TREATY. A treaty was made and concluded at Saginaw, Territory of Michigan, between the United States, by their commissioner, Lewis Cass, and the Chippewa nation of Indians, September 24, 1819, by the terms of which that nation ceded to the United States the land embraced within the following lines : " Beginning at a point in the present boundary line, which runs due north from the mouth of the Great Auglaize river six miles south of the place where the base line, so called, intersects the same; thence west sixty miles ; thence in a direct line to the head of Thunder Bay river; thence down the same, following the courses thereof, to the mouth ; thence northeast to the boundary line between the United States and the British Province of Upper Canada; thence with the same to the line established by the treaty of Detroit in the year A. D. 1807; thence with the said line to the place of beginning." [Act of May 26, 1824, 1st session of 18th Congress, p. 128.j An act reserving to the Wyandot tribe of Indians a certain tract of land, in lieu of a reservation made to them by treaty. SECTION 1. That there be, and hereby is, reserved, for the use of the chiefs and tribe of the Wyandot Indians, subject to the conditions and limitations of the former reservation, the northeast quarter of section number two, in township two, and range seventeen, south of the base line of land in the Delaware Land District, in the State of Ohio, in lieu of one hundred and sixty acres of land on the the west side of, and adjoining the Sandusky river ; and which was reserved to said tribe of Indians, by a supplementary treaty between the United States and certain tribes of Indians, held at St. Mary's, in the State of Ohio, on the 17th day of September, one thousand eight hundred and eighteen ; on condition that the chiefs of said Wyandot tribe first relinquish to the United States all Last Treaty made with Ohio Indians - 239 the right, title and claim of said tribe, to the one hundred and sixty acres of land reserved by said supplementary treaty. The subsequent treaties that were made with the Indians, provided for the purchase of their lands by the United States, and ;heir removal west of the Mississippi. The last Indian title extinguished was that of the Wyandots, whose lands in the reservation at Upper Sandusky, and in the county which bears their name, was offered for sale by the United States in the autumn of 1845. The Delawares ceded their reservations to the United States in 1829. The Wyandots ceded theirs by a treaty made at Upper Sandusky, March 17, 1842, they being the only Indians then remain- ing in the State. The commissioner on the part of the United States was Colonel John Johnston, who had then the honor of making the last Indian treaty in Ohio—a State, every foot of whose soil has been fairly purchased by treaties from its original possessors. The Wyandots left for Kansas in July, 1843, and numbered at that time about seven hundred souls."—Henry Howe. CHAPTER IV. THE BOUNDARY CONTROVERSY. "A disputed jurisdiction," wrote Lewis Cass to Edward Tiffin, the United States Surveyor General, under date of November 1st, 1817, "is one of the greatest evils that can happen to a country." The same motives and passions that govern cabinets, animate individuals in their disputes for the smallest quantity of ground. Claims, involving vast sums of money, fail to provoke strifes as acrimonious as those relating to contested land boundaries. The question of boundary between Ohio and Michigan was co-eval with the admission of the former into the Union. It vexed the convention that framed the constitution of 1802. It was owing to the neglect of Congress that it had not quieted before growing settlements and clashing interests had attained such proportions that the controversy at last seriously threatened the peace of the country. The area in dispute embraced about five miles in width at the west end, and eight miles in width at the east end. Writers have generally dwarfed the real magnitude of the question, and the mass of the present generation know it only as the "Toledo War." The parties, however, at issue, were not, as some suppose, Governor Mason and Governor Lucas, nor were they the State of Ohio and the Territory of Michigan ; but the real contestants engaged wore the sovereign State of Ohio and the Government of the United States. The latter power was the lawful guardian of Michigan. That Territory was its own offspring. Under the Constitution and Laws of the Union, the Federal Government was bound to protect every just claim of Michigan. Had the Governor of Ohio occupied th disputed tract with a belligerent force, it would have been incumben upon President Jackson, had he regarded the claims of Michigan as clear and indisputable, to have adopted measures to vindicate th integrity of the soil of that Territory by all the military and naval resources at his command. Governor Mason entertained this view Origin, of the Constitutional Provision - 241 of the question, and he represented that the cause of Michigan was the cause of the United States, and would be sustained by the whole power of the Federal Government. The same view, as will be discovered by the documents appended, was held by Governor Lucas. In one of his communications to the General Assembly he said : As I have heretofore stated to you, we can have no controversy with the Territory of Michigan. A territory can have no sovereign rights, and no arrangement that could be made with the Territorial authorities on the subject of boundary would be obligatory." As before remarked, the question of the northern boundary of the State was one that challenged solicitude on the part of the members of the Convention who framed the first Constitution of Ohio. Judge Burnet, in his Notes on the North Western Territory, thus explains the origin of the proviso contained in Article VII, Sec. 6, of the first Constitution : " The question of boundary, though not expressly referred to the Convention, was one of greater importance than would appear at first view. It is generally known to those who have consulted the maps of the western country extant at the time the Ordinance of 1787 was passed, that Lake Michigan was represented as being very far north of the position which it has since been ascertained to occupy. On a map in the Department of State, which was before the Committee of Congress who framed the Ordinance for the Government of the Territory, the southern boundary of that lake was laid down as being near the forty-second degree of north latitude ; and there was a pencil line passing through the southern bend of the lake to the Canada line, which intersected the strait, between the River Raisin and the town of Detroit. That line was manifestly intended by the Committee, and by Congress, to be the northern boundary of this State ; and, on the principles on which courts of chancery construe contracts, accompanied with plats, that map, and the line marked on it, should have been taken as conclusive evidence of the boundary, without reference to the actual position of the southern extreme of the lake. “When the Convention was in session in 1802, It was the prevvailing understanding that the old maps were correct; and that the line, as defined in the Ordinance, would terminate at some point on the strait, far above the Maumee bay ; but, while that subject was under discussion. a man who had hunted many years on Lake Michigan, and was well acquainted with its position, happened to be - 16 - 242 - Origin of the Constitutional Provision. in Chillicothe, and, in conversation with some of the mebmermberstioned to them that the lake extended much farther south bhp was generally supposed ; and that a map he had seen placed ina itsthern bend many miles north of its true position. His statement produced some apprehension and excitement on the subject, and induced the Convention to change the line prescribed in the act of Congress, so far as to provide that, if it should be found to strike, Lake Erie below the Maumee river, as the hunter informed them it would, then the boundary of the State should be a line drawn from the point where the prescribed line intersected the west boundary of the State direct to the most northern cape of the Maumee bay. That provision saved to the State of Ohio the valuable ports and harbors on the Maumee river and bay; which were the prize concontended, in what was called the Michigan war of Governor Lucas. Yet some of the members were so intent on the establishment of a State government, in' the shortest possible period, that they hesitated in Making the provision lest it might cause delay ; but fortunately it was adopted, and its object is now secusecure-ll matters sometimes lead to great results, as was the fact in this case." A little more than nine years after the admission of Ohio as a State, Amos Spafford, then collector of the port of Miami, at the request of fifty fainfamiliesen composing the population of the disputed tract, addressed the following letter to the Governor of Ohio : MIAMI , January 23, 1812. Sir : It appears, to be the general wish of the people in this settlement (which consists of about fifty families) to have the laws of the State of Ohio extended over them, as we consider ourselves clearly within the limits of said State. The few who object are those who hold offices under the Governor of Michigan, and are determined to enforce their laws. This is considered by a great majority of the inhabitants a usurpation of power which they are under no obligation to adhere to. If no adjustment should take place, I fear the contention will ere long become serious. Sir, you have the goodness to inform the people here whether there has been any understanding between the State of Ohio and the Governor of Michigan on the subject of jurisdiction, together with your advice. I am, sir, with high esteem, your obedient servant, AMOS SPAFFORD, Collector of the port Miami To His Excellency, Return Jonathan Meigs, Esq. N. B. The foregoing letter is written at the request of the inhabitants. Letter of Dr. Conant - 248 This letter of Mr. Mr-fMr. Spafford will be observed, was written during a period when the population of the western frontiers were excited by the unfriendly relations existing between England and the United States ; and which resulted in a declaration of war made by the latter in June of the same year. The great issue of a foreign war, threatening a common danger, united all the people of the frontier, including those of the disputed jurisdiction, in support of the general interests, and, for the time, postponed the boundary conflict. Yet, in June of the same year, Congress passed a resolution directing the Commissioner of the General Land office to cause the line to be surveyed ; but for the reason stated, the resolution was not carried into effect until 1817 ; when William Harris, under the instructions of the Surveyor General of the United States, laid off the northern boundary on the line defined iu tin Ohio Constitution of 1802. ,Through the influence of General Cass, then Territorial Governor of Michigan, another survey was made under the authority of the United States Government, by John A. Fulton, known as " the Fulton line," which touched closer to conconformityh the claims of Michigan. The anxiety of the inhabitants of the infant settlement, occupying the disputed tract, is uttered through the following letter of Dr. Horatio Conant : FORT MEIGS, 20th December, 1823. Dear Sir : The inhabitants in this vicinity have lately expressed considerable solicitude respecting the northern line of this State, and several of them have requested me to write to your honor upon the subject. It seems to have been taken for granted; more from inadvertence, possibly, than for any good reason, that the southern line is the correct one. The jurisdiction of the Territory of Michigan is extended to the territory between the two lines with the decided approbation of the inhabitants of the disputed ground, which makes it impossible for the State officers of Ohio to interfere without exciting disturbance. We are anxious to have some measvures adopted to ascertain the limits of our jurisdiction. What those measures should be, or whether we can affect anything as individuals, we are ignorant Almost any line that could be run would be preferred to the present, cutting off, as it does, the bay and mouth of the river. The line to the north cape of the bay is probably the only one that could be expected, other than the one now established, and would be the most agreeable to us. If anything can be effected, we depend upon your exertions and those of the other members of the Legislature from this State. Very respectfully, your obedient servant, HORATIO CONANT. Hon, Ethan A. Brown, Senator in Congress. 244 - The Agitation Renewed in 1835. In 1835 the agitation was renewed in consequence of an anxious desire on the part of a majority of the inhabitants near the month of the river to have the jurisdiction of Ohio established on the Harris Line, with a view of securing to their locality the advantages of the Wabash and Erie Canal. W. V. Way, Esq., of Perrysburg, in a very interesting address upon this subject, made in 1868, says " The necessity of immediately constructing the canal, and the urgent demands of the citizens of Toledo, induced the Governor to bring the subject before the Legislature by a special message. On the 23d of February, 1835, the Legislature of Ohio passed an act extending the northern boundaries of the counties of Wood, Henry and Williams, to the Harris Line. " The authorities of Michigan had previously exercised jurisdiction over the entire territory lying between the Harris Line on the north, and the Fulton Line on the south, as a part of Michigan. " It ought, however, to be mentioned, that the authorities of Wood county, at a period much earlier than 1835, attempted to extend the laws of Ohio over that part of this territory claimed to be in that county, by levying taxes, but the people did not recognize the act and refused to pay the taxes. "An act of the Legislature of Ohio, passed on the 23d of February, 1835, provided that such part of the territory declared by this act as being attached to the county of Wood, shall be erected into townships as follows, to wit : such part of ranges five and six as lies between the line run due east from the southern extremity of Lake Michigan and the line run from the said southern extremity to the most northern cape of the Maumee Bay, be and the same is hereby erected into a separate and distinct township by the name of Sylvania; and that all such part of ranges seven and eight, together with the territory east of the Maumee River, as lies between the line run from the southerly extremity of Lake Michigan to the most northerly cape of the Maumee Bay, and between Lake Erie and the line run due east from the southern extremity of Lake Michigan to Lake Erie, be and the same is hereby erected into a separate and distinct township, by the name of Port Lawrence ;' and further authorized and directed those townships to hold elections for township officers on the first Monday in April next, and provided for their complete organization. It also directed the Governor to appoint three commissioners to run and re-mark the Harris Line. Governor Mason to General Brown - 245 "Uri Seely, of Geauga, Jonathan Taylor, of Licking, and John Patterson, of Adams, were appointed commissioners to run and re-/nark the line- The first of April was named as the time to comvmence the survey- Stevens T. Mason, Secretary and acting Governor of Michigan Territory, anticipating the action of the Legislature of Ohio, sent a special message to The Legislative Council, apprising it of the special message of Governor Lucas, and advised the passage of an act to counteract the proceedings of Ohio. " Governor Mason wrote to General Brown, who was in command of the third division of the Michigan militia, as follows : EXECUTIVE OFFICE, DETROIT, March 9, 1835. Sir: You will herewith receive the copy of a letter just received .from Columbus. You now perceive that a collision between Ohio and Michigan is inevitable, and will therefore be prepared to meet the crisis. The Governor of Ohio has issued a proclamation, but I have neither received it nor have I been able to learn its tendency. You will use every exertion to obtain the earliest information of the military movements of our adversary, as I shall assume the responsibility of sending you such arms, etc., as may be necessary M for your successful operation, without waiting for an order from the Secretary of War, so soon as Ohio is properly in the field. Till then I am compelled to await the direction of the War Department. Very respectfully your obedient servant, STEVENS T. MASON. General Jos. W. Brown. "On the 31st of March Governor Lucas, accompanied by his staff and the boundary commissioners, arrived at Perrysburg on their way to run and re-mark the Harris Line, in compliance with the act of 23d of February previous. “General John Bell, in command of the seventeenth division of Ohio militia, embracing the disputed territory, arrived about the same time with his staff, and mustered into service a volunteer force of about six hundred men, fully armed and equipped. The force went into camp at old Fort Miami, and awaited the orders of the Governor. The force consisted of five companies of the first regiment, second brigade of the seventeenth division of militia, under the command of Colonel Mathias Van Fleet. The Captains of these companies were J. A. Scott, Stephen S. Gilbert, John Pettinger, Felton and Granville Jones, of the Lucas guards, an independent company of Toledo, 246 - Efforts at Compromise. " These companies numbered about three hundred effective men. There was also a part of a regiment from Sandusky county, commanded by Colonel Lewis Jennings, and a part of a regiment from Seneca and Hancock counties, under command of Colonel Brish, of Tiffin. These numbered about three hundred more, making the tot force six hundred men. " Governor Mason, with General Joseph W. Brown, arrived at Toledo with a force under the immediate command of the latter, variously estimated from eight hundred to twelve hundred men, and went into camp, ready to resist any advance of the Ohio author. ities upon the disputed territory to run the boundary line or doing other acts inconsistent with Michigan's right of jurisdiction over it. " The two Governors, having made up an issue by legislative enactments, found themselves confronted by a military force that had been called out to enforce their respective legislative pleadings. Governor Mason representing the tenant in possession, was content to rest at his ease. Governor Lucas representing the plaintiff, had to open the trial. The whole country in the meantime became wild with excitement. “Governor Lucas had determined in his mind to order General Bell with his force to Toledo as soon as he could make the necessary preparations, and risk the consequences ; but before he had got his preparations made, two eminent citizens, Hon. Richard Rush, of Philadelphia, and Colonel Howard of Baltimore, arrived from Washington as commissioners from the President of the United States, to use their personal influence to stop all war-like demonstrations. Hon. Elisha Whittlesey, of Ohio, accompanied the commissioners as a voluntary peace-maker. "The commissioners and Mr. Whittlesey had several conferences with both Governors, and finally on the 7th of April submitted the following propositions for their assent, to wit : " ‘1st. That the Harris Line should be run and re-marked pursuant to the act of the last session of the Legislature of Ohio without interruption" “ '2d. The civil elections under the laws of Ohio having taken place throughout the disputed territory, that the peopie residing upon it should be left to their own government, obeying the one jurisdiction or the other, as they may prefer, without molestion from the authorities of Ohio or Michigan until the close of the next session of Congress.' " Governor Lucas, on the urgent request of the commissioners, Governor Mason, Rejects the Peace Offers - 247 and Mr Whittlesey, agreed, reluctantly, to accept the propositions as a peaceable settlement until after the close of the next session of Congress.' Governor Mason refused to acquiese in the propositions. Governor Lucas assented to them in the light of regarding the Governor of a territory in the condition of a subaltern, subject to the control of the President. He looked upon the arrangement, as made with the President, through Messrs. Rush and Howard as his representatives, and disbanded the military force he had collected. Governor Mason partially followed suit ; but still continued making preparations for any emergency that might arise. " Governor Lucas now thought he could run and re-mark the Harris Line without serious molestation from the authorities of Michigan, and directed the commissioners to proceed with the work “S. Dodge, an engineer on the Ohio canal, had been engaged as surveyor to run the line." The result of the surveying expedition is shown in the following correspondence : PERRYSBURG, May 1,1835. To Robert Lucas, Esq., Governor of the State of Ohio: Sir: In the discharge of the duties which devolve upon us as commissioners appointed by your excellency for re-marking the northern boundary line of this State, which is known and distinguished as Harris' Line, we met at Perrysburg on Wednesday, the 1st of April last, and after completing the necessary arrangements, proceeded to the Northwest corner of the State, and there succeeded in finding the corner as described in the field notes of the Surveyor Harris, a copy of which we had procured from the Surveyor General's office. Thence your commissioners proceeded eastwardly along said line, which they found with little difficulty, and remarked the same as directed by law in a plain and visible manner, to the distance of thirty eight miles and a half, being more than half the length of the whole line. During our progress we had been constantly threatened by the authorities of Michigan, and spies from the territory, for the purpose of wafching our movements and ascertaining our actual srengtht were almost daily among us. On Saturday evening, the 25th ult., after having performed a laborious day's service, your commissioners, together with their party, retired to the distance of about one mile south of the line, in Henry county, within the State of Ohio, where we thought to have rested quietly and peceably enjoy the blessings of the Sabbath—and especially not being engaged on the line, we thought ourselves secure for the day- But contrary to our expectations, at about twelve o'clock in the day, an armed force of about fifty or sixty men 248 - The Surveying Expedition. hove in sight, within musket shot of us, all mounted upon hoes, well armed with muskets and under the command of General Brrsown of Michigan. Your commissioners observing the great superiority of force, having but five armed men among us, who had been employed to keep a lookout and as hunters for the party, thought it prudent to retire, and so advised our men. Your commissioners, with several of their party, made good their retreat to this place. But, sir, we are under the painful necessity of relating that nine of our men, who did not leave the ground in time after being fired upon by the enemy, from thirty to fifty shots, were taken prisoners, and carried away into the interior of the country. Those who were taken were as follows, to wit : Colonels Hawkins, Scott and Gould, Major Rice, Captain Biggerstaff, and Messrs. Elsworth, Fletcher, Moale and Rickets. We are happy to learn that our party did not fire a gun in turn, and that no one was wounded, although a ball from the enemy passed through the clothing of one of our men. We have this day learned by some of the men who were arrested and have just returned, that they were taken to Tecumseh under the escort of the armed force, were there brought before a magistrate for examination, that they denied the jurisdiction ; but that six entered bail for their appearance; two were released as not guilty, and one, to wit : Mr. Fletcher refused to give bail and is retained in custody. We are also further informed, by unquestionable authority, that, on the Sabbath day, an armed force of several hundred men were stretched along the line to the east of us, with a view to intercept us on our way. Under existing circumstances and in the present threatening attitude of affairs, your commissioners have thought it prudent, for the interest of the State, as also for the safety of her citizens and to prevent the threatened effusion of blood, to withdraw from the line at present, and suspend the further prosecution of the work, until some efficient preparatory measures can be taken which will insure the completion of the undertaking. All of which is respectfully submitted. JONATHAN TAYLOR, J. PATTERSON, - Commissioner,. URI SEELY. LENAWEE COUNTY JAIL,} TECUMSEH, May 5, 1835.} Sir : Considering it my duty to inform the authorities of Ohio of my present situation, relative to my imprisonment in Michigan, I take the liberty to address your excellency. I am at present incarcerated in jail—was committed yesterday. The Sheriff was influenced to change his course of treatment towards me, by Gover- A Michigan Prisoner Explains - 249 nor Mason and General Brown—chiefly, I believe, by Brown. I dined with General Brown yesterday. Governor Mason was there lie (Mason) strongly urged me to give bail ; he observed as bail had been proffered me, this fact would go forth to the public and exonerate Michigan from censure in case that I was committed. The same consideration has been repeatedly advanced to induce ne to enter bail. My reply has been that the right to demand bail is the question at issue—that in the case I gave bail, I did not consider it material whether the responsibility of that bail was assumed by a citizen, of Ohio or a citizen of Michigan. Governor Mason expressed himself as being very anxious that the difficulties might be settled without any further hostilities. General Brown was silent on this subject. There is reason to believe that he does not wish to have this question amicably settled, but that he secretly wishes for a collision between the State and Territory that he may have an opportunity to distinguish himself ; and that all his measures are taken with a view to effect this. In conversation at General Brown's yesterday respecting the circumstances attending our arrest, the Sheriff expressed regret that the citizens of Ohio were fired upon. General Brown replied that " it was the best thing that was done ; that he did not hesitate to say he gave the order to fire." He spoke of giving directions to the Sheriff how to proceed ; and the Sheriff admitted that he acted under his (Brown's) direction. I mention these circumstances because, in my view, they illustrate the principles and motives which have deeply prompted the opposition which Ohio has met in her attempts to re. mark the boundary line ; and that you may be better able to anticipate the course which Michigan will adopt in the future. Governor Mason expressed the determination to prevent the running of the line at all hazards. Said that the Sheriff's posse would not be called out again. That in case of an emergency, he relied on the assistance and protection of the Executive of the United States. I did not understand him to say that this reliance was grounded on any direct assurance, but only on inference. On Saturday evening last, I received a communication from the Commissioners, by Col. Green, in which they approve of the position which I had taken : and instructed me to abide by it. I was gratified to be informed by Colonel Green that your Excellency coincided with the Commissioners in opinion respecting course I had adopted. When Colonel Green left here, the understanding with the Sheriff was, that he would not commit me. As he has seen fit to do so, I have thought proper to give your Excellency information of it. I will only add, that I shall remain as I am until further instructions, which I doubt not will be forwarded in due time. I have the honor to be your obedient servant, J. E. FLETCHER, Excellency Robert Lucas, Governor of the State of Ohio,