In a treaty of the United States and the Menomonees and Winebagoes, of Feb. 6th, 1826, in Article 8th, it was acknowledged that there existed some uncertainty in consequence of the cession made by the tribes upon Fox River and Green Bay, to the New York Indians. Finally the Menomonees made their complaint before the President, concerning the New York Indians, which has reference to the case, in the treaty by the United States, with the several tribes of Green Bay on Feb. 23rd, 1829, in Article 2nd, which read as follows, viz:
"Much difficulty having arising from the negotiations between the Menomonees and Winebago tribes and the various tribes and portions of tribes of Indian of the State of New York, and the claims of the respective parties being much contested, as well with relation to the tenure and boundaries of the two tracts claimed by the New York Indians, west of Lake Michigan, as to the authority of the persons who signed the agreement on the part of the Monomonees, and the whole subject having been fully examined at the council this day concluded, and the allegations, proofs, and statements of the respective parties having been entered upon the Journal of the commissioners, so that the same can be decided by the President of the United States, it is agreed by the Monomonees and Winebagoes, that so far as respects their interests in the premises, the whole matter shall be referred to the President of the United States, whose decision shall be final. And the President is authorized, on the parts, to establish such boundaries between them and the New York Indians as he may consider equitable and just."
And also in the treaty of Feb. 8th, 1838, we find, in enumerating the several reasons for effecting a treaty at the above date, the following, commencing at line 20,928, in the Revision of Indian Treaties, viz: "as well as for the purpose of settling the long existing dispute between themselves, and the several tribes of the New York Indians, who claim to have purchased a portion of their lands, the undersigned, Chiefs and head men of the Menomenees tribe, stipulate and agree with the United States as follows:
"First. The Menomonee tribe of Indians declare themselves the friend and allies of the United States, under whos parental care and protection they desire to continue; and although always protesting that they are under no obligation to recognize any claim of the New York Indians to any portions of their country; that they neither sold nor received any value for the land claimed by these tribes, yet at the solicitation of their Great Father, the President of the United States, and as an evidence of their great love and veneration for him, they agree that such a part of the land described, being within the following boundaries, as he may direct, may be set apart as homes for the several tribes of the New York Indians, who may remove to and settle upon the same within three years from the date of this agreement, &c." Commencing at line 20,970, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to assign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at any time of such apportionment any lands shall remain unoccupied by any tribes of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting to be laid off by the President of the United States. It is destinctly understood that the lands hereby ceded to the United States for the New York Indians are to be held by those tribes, under such tenure as the Menomonee Indians now hold their lands, subject to such regulations and alternation of tenure as Congress and the President of the United States shall from time to time think proper to adopt.
"Second. For the above cession the United States for the benefit of the New York Indians, the United States consent to pay the Menomonee Indians twenty Thousand Dollars, &c.
"Also commencing at line 21,118, Article 6th, the Menomonee Chiefs request that such part of it as relates to the New York Indians be immediately submmitted to the representatives of their tribes, and if they refuse to accept the provision made for their benefit and to remove upon the lands set apart for them, on the west side of Fox River, that they will direct their immediate removal from the Menomonee county, but if they agree to accept the liberal offer made to them by parties of this compact, then the Menomonee tribe, as dutiful children of the Great Father, the President, will take them by the hand as brothers, and settle down with them in peace and friendship."
First. It is agreed between the undersigned, commissioners on behalf of the United States and the chiefs and warriors representing the Menomonee tribe of Indians, that for the reasons above expressed, such part of the first Article of the agreement entered into between the parties hereto, on the 8th instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, three years, shall be altered and amended so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and at the expiration of such reasonable time, he shall apportion the lands among the actual settlers in such manner as he shall deem equitable and just. And if, within such reasonable time as the President of the United States shall prescribe for that purpose, the New York Indians shall refuse to accept the provisions made for their benefit, or, having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be and remain in the property of the United States, according to the said first article, excepting so much thereof as the President shall deem justly due to such of the New York Indians as shall actually have removed to and settled on the said lands.
"Second, It is further agreed that the part of the Sixth Article of the agreement aforesaid, which requires the removal of those of the New York Indians who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States; the Menomonee Indians having full confidence that in making his decision he will take into consideration the welfare and prosperity of their nation: Provided, That for the purpose of establishing the rights of the New York Indians upon a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land," &c. which goes on and locates the different portion of lands to the several tribes or bands of the New York Indians which was proclaimed, July 9, 1832.
"Whereas articles of agreement between the United States of America, and the Menononee Indians, were made and concluded at the city of Washington, on the 8th day of February A. D. 1831, by John H. Eaton, and Samuel C. Stambaugh, commissioners on the part of the United States, and certain Chiefs and headmen of the Menomonee nation, on the part of the said nation; to which articles an addition or supplemental article was afterwards made, on the 17th day of February, in the same year, by which the said Menomonee nation agree to cede to the United States certain parts of their lands: and that a tract of country therein defined, shall be set apart for the New York Indians; all which, with the many other stipulations therein contained, will more fully appear by reference to the same. When said agreement thus forming a treaty, were laid before the Senate of the United States, during their then session, but were not at said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty made as aforesaid; by which it is stipulated that the said articles of agreement concluded as aforesaid, should be laid before the next Senate of the United States at their ensuing session, and if sanctioned and confirmed by them, that each and every article threof should be as binding and obligatory upon the parties respectively as if they had been sanctioned at the previous session; and whereas, The Senate of the United States, by their resolution of the twenty fifth day of June, 1832, did advise and consent to accept, ratify, and confirm the same, and every clause and article thereof, upon the conditions expressed in the proviso contained in their said resolution, which proviso is as follows: Provided, That for the purpose of establishing the right of the New York Indians on a permanent and just footing, the said treaty shall be ratified, with the express understanding that two townships of land, &c.," as in article second above.
"Whereas, Before the treaty aforesaid, conditionally ratified, according to the proviso to the said resolution of the Senate, above recited, could be obligatory upon the said Menomomee nation, their assent to the same must be had and obtained." Which was done after some modifications respecting the location of the portion of land for the New York Indians. And as the modifications so made and desired, was acceded to also by the New York Indians, which was as follows:
"To all to whom these presents shall come, the undersigned chiefs and head men of the sundry tribes of the New York Indians (as set forth in the specifications annexed to their signatures), send greeting:
"Whereas, a tedious, perplexing and harassing dispute and controversy have long existed between the Menomonee Nation of Indians and the New York Indians, more particularly those known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and the St. Regis tribe. The treaty made between the said Menomonee Nation and the United States, and the conditional ratification thereof by the Senate of the United States being stated and set forth in the within agreement, entered into between the chiefs and head men of the said Menomonee, and George B. Porter, Governor of Michigan, commissioners specially appointed, with instructions referred to in the said agreement.
"And whereas, the undersigned are satisfied and believe that the best efforts of the said commissioners were directed and used to procure, if practicable, the unconditional assent of the said Menomonees to the change proposed by the Senate of the United States in the ratification of the said treaty, but without success.
"And whereas, the undersigned, further believe that the terms stated in the within agreement are the best practicable terms short of those proposed by the Senate of the United States, which could be obtained from the said Menomonees; and being asked to signify our acceptance of the modifications proposed, as aforesaid, by the Menomonees, we are compelled by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied that the treaty should be ratified on the terms proposed by the Menomonees. We further believe that the tract of land which the Menomonees in the within agreement are willing to cede, in exchange for an equal quantity on the northeast side of the tract of five hundred thousand acres, contains a sufficient quantity of good land, favorably and advantageously situated, to answer all the wants of the New York Indians and St. Regis tribe. For the purpose, then, of putting an end to strife, and that we may sit down in peace and harmony, we thus signify by our acceptance of the modifications proposed by the Menomonees; and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menomonees, may be ratified and approved by the President and Senate of the United States.
"Proclaimed March 13th, 1835."