WITH THE MIAMI, 1840.
of a treaty made and concluded at the Forks of the Wabash, in the
State of Indiana, this twenty-eighth day of November in the year
of our Lord one thousand eight hundred and forty, between Samuel
Milroy and Allen Hamilton, acting (unofficially) as commissioners
on the part of the United States, and the chiefs, warriors and
headmen of the Miami tribe of Indians.
Miami tribe of Indians, do hereby cede to the United
States all that tract of land on the south side
of the Wabash river, not heretofore ceded, and commonly known as "the
residue of the Big Reserve." Being all of their remaining lands
and in consideration of the cession aforesaid, the United States
agree to pay to the Miami tribe of Indians the sum of five hundred
and fifty thousand dollars. Three hundred thousand dollars of which
sum to be set apart, and applied immediately after the ratification
of this treaty and an appropriation is made by Congress to carry
its provisions into effect, to the payment of the debts of the tribe,
as hereinafter stipulated. And the residue, two hundred and fifty
thousand dollars, to be paid in twenty equal yearly instalments.
Miamies, being desirous that their just debts shall be fully paid;
it is hereby, at their request stipulated, that immediately on the
ratification of this treaty, the United States shall appoint a commissioner
or commissioners, who shall be authorized to investigate all claims
against any and every member of the tribe, which have accrued since
the 6th day of November, 1838, or which may accrue before the date
of the ratification of this treaty, without regard to distinction
of blood in the claimant or claimants. And whose duty it shall be
to enquire into the equity and legality of the original cause of
indebtedness, whether the same now is, or may then be in the form
notes, or other evidence of debt, and report for payment out of the
money set apart by this treaty for that purpose, such claims only,
or parts of claims, as shall be both legal and just. And his or their
award when approved by the President of the United
States shall be final. Two hundred and fifty
thousand dollars of the sum set apart in the second article of this
treaty shall be applied to the payment of debts contracted before
the twenty-eighth day of November, 1840; and the residue of said
sum, after such debts are satisfied, being fifty thousand dollars,
to the payment of debts contracted between the last named date and
the time of the ratification of this treaty by the Senate of the
United States; giving preference, in the application of said sum
of fifty thousand dollars, to debts contracted for provisions and
is further stipulated that the sum of twenty-five thousand dollars
be paid to John B. Richardville. And the sum of fifteen thousand
dollars to the acting executor of Francis Godfroy deceased, being
the amount of their respective claims against the tribe; out of the
money set apart for the payment of their debts by the second article
of this treaty.
whereas the late war chief, (Francis Godfroy,) bequeathed to his
children a large estate, to remain unsold until the youngest of said
children shall arrive at the age of twenty-one years. It is therefore
stipulated, that the United States shall pay to the family of said
deceased chief their just proportion of the annuities of said tribe,
at Fort Wayne, from and after the time the tribe shall emigrate to
the country assigned to them west of the Mississippi.
is further stipulated, that the sum of two hundred and fifty dollars
shall be paid annually by the United States, and accepted by the
Miamies in lieu of the labour stipulated to be furnished by the fourth
article of the treaty of the 23d of October 1826, for the purpose
of preventing the dissatisfaction, occasioned heretofore, in the
distribution of said labour amongst the different bands.
is further stipulated, that the United States convey by patent, to
Me-shing-go-me-sia, son of Ma-to-sin-ia, the tract of land reserved
by the 2d article of the treaty of the 6th of November 1838, to the
band of Ma-to-sin-ia to be held by the said Me-shin-go-me-zia, for
his band; and the proceeds thereof, when the same shall be alienated,
shall be equitably distributed to said band, under the direction
of the President. And the same provision made in favour of John B.
Richardville and family, in the 14th article of the treaty of the
6th of November 1838, is hereby granted and extended to the above
named Me-shing-go-me-sia, and to his brothers.
is hereby stipulated, that the Miami tribe of Indians shall remove
to the country assigned them west of the Mississippi, within five
years from this date; the United States paying every expense attending
such removal, and to furnish rations to said tribe for twelve months
after their arrival at said country. And the United States shall
also cause four thousand dollars to be expended to the best advantage
in supplying good merchantable pork and flour to said tribe, during
the second year of their residence at their new homes. Which sum
is to be deducted from their annuity of that year.
is further stipulated, that should there be an unexpended ballance
of the "three hundred thousand dollars," after the payment
of the debts of the tribe as provided in the second article of this
treaty; such balance to be paid over to the Miamies at the next payment
of annuities after the amount of said balance shall have been ascertained.
is stipulated and agreed between the contracting parties, that there
shall be, and hereby is granted and reserved to John B. Richardville,
principal chief, seven sections of land, from the land
in the first article of this treaty; at such point or points as he
may select (not less than one section at any one point,) to be conveyed
to him by patent from the United States. And also, in like manner,
one section of land to Francis Lafountain, at the rapids of Wildcat,
to be surveyed under his direction.
in this treaty shall be so construed as to impair the force or validity
of former treaty stipulations, existing between the United States
and the Miami tribe of Indians, not altered by nor coming within
the purview of any of the provisions of this treaty.
United States hereby stipulate to set apart and assign to the Miamies,
for their occupancy west of the Mississippi, a tract of country bounded
on the east by the State of Missouri, on the north by the country
of the Weas and Kaskaskias, on the west by the Potawatomies of Indiana,
and on the south by the land assigned to the New York Indians, estimated
to contain five hundred thousand acres.
is hereby stipulated, that the United States provide for the payment
of the expense which may be necessarily incurred in the negotiation
of this treaty.
treaty shall be binding on the United States, and on the Miami tribe
of Indians, from and after the date of its ratification by the President
by and with the advice and consent of the Senate of the United States.
But, if the same shall not be so ratified before the 4th day of March
next, it shall be of no binding force or validity.
the chiefs warriors, and headmen of the Miami tribe of Indians, having
examined and considered the foregoing articles, after the same had
been interpreted and explained to us to our satisfaction, do hereby
agree and request, that the said articles shall be taken and held
as a treaty between the parties thereto; and when ratified as provided
in the last preceding article, be binding on our tribe, and on the
United States, as fully to all intents and purposes as though the
same had been officially and formally made on the part of the United
In testimony whereof, we, Samuel Milroy, and Allen Hamilton, on behalf of the
United States, (as aforesaid,) and the chiefs, warriors, and headmen of the
Miami tribe of Indians, have hereunto set our hands.
Done at the Forks of the Wabash, in the State of Indiana, this twenty-eighth
day of November, one thousand eight hundred and forty.
B. Richardville, principal chief.
in the presence of—
H. B. Milroy, secretary.
Geo. M. Maxwell.
Robert H. Milroy.
Peter Andre, interpreter.
the undersigned chiefs headmen and warriors of the Miami tribe of
Indians residing in the State of Indiana, do hereby give our free
and voluntary assent to the amendments made by the Senate of the
United States on the 25th day of February last, to the treaty concluded
by us with the United States on the 28th day of November 1840; the
same having been submitted and fully explained to us by Samuel Milroy
Allen Hamilton, commissioners on the part of the United States for
that purpose, in full council assembled at the Forks of the Wabash
in the State of Indiana.
In testimony whereof we have hereunto set our hands, and affixed our seals
respectively this fifteenth day of May 1841.
John B. Richardville,
in presence of—
H. B. Milroy, secretary to commission.
(To the Indian names are subjoined a mark and seal.)