News letter # 75
January 17, 1999

To the person looking for the Shawnese reference...it is mentioned in one of the treaty bits below..)
(knew I had seen it somewhere)....
the offering below if to any of you who have heard another say, Indian "welfare" payments...they are treaty obligations...and as such contracts..
Wyandot 1805
Wyandot 1817
Wyandot 1818
Wyandot 1795
Ish



From LeeHester
Date Sun, 17 Jan 1999 131624 EST
To triballaw@niec.net

Everyone talks about treaties, but no one seems to read them.  Of course our ancestors insisted upon things like perpetual annuities and guarantees that land would be ours forever, et cetera....  There are dozens of such treaties with the federal government and with some individual states.

Perpetual annuities came in at least two flavors.  One where the government agreed to set aside a certain amount of money and guaranteed that they would pay an annual interest on that money to the Indian nation with no statement of an end to this.  Other annuities specifically state that they are an annuity and they shall last forever, in perpetuity, or the like.  In both instances the sum due might be payable either in specie or in particular trade goods.
Cloth and salt are common goods in such annuities.

I have appended some treaty provisions for you perusal.  Note, there may be some duplication and I do not claim that these treaties were not subsequently superseded.  Indeed, as we all know, Uncle Sam loves to supersede treaties.  I have placed them in no particular order.
Lee
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

TREATY WITH THE SAUK AND FOXES {1837, Oct. 21}
7 Stat., 543.
Proclamation, Feb. 21, 1838.
Second. To invest the balance of said sum amounting to one hundred and fifty- seven thousand four hundred dollars ($157,400) and to guaranty them an annual income of not less than five per cent. thereon.
Third. To apply the interest herein guaranteed, in the following manner
For the support of a blacksmith's establishment, one thousand dollars ($1,000) per annum.
For the support of a farmer, the supply of agricultural implements and
assistance, and other beneficial objects, sixteen hundred dollars ($1,600) per annum.

For the support of a teacher and the incidental expenses of a school, seven hundred and seventy dollars ($770) per annum.
The balance of the interest, amounting to forty-five hundred dollars ($4,500) shall be delivered at the cost of the United States, to said Sac and Fox Indians, in money or merchandise, at the discretion of the President, and at such time and place as he may direct.
ARTICLE 3.  The expenses of this negotiation and of the chiefs and delegates signing this treaty to this city and to their homes to be paid by the United States.
 

TREATY WITH THE IOWA {1838, Oct. 19}
7 Stat., 568.
Proclamation, Mar. 2, 1839.
First. To pay to the said Ioway tribe of Indians the sum of one hundred and fifty-seven thousand five hundred ($157,500) dollars.
Second. To invest said sum of one hundred and fifty-seven thousand five hundred (157,500)dollars, and to guaranty them an annual income of not less than five per cent. thereon during the existence of their tribe.
Third. To set apart annually such amount of said income as the chiefs and headmen of said tribe may require, for the support of a blacksmith shop agricultural assistance, and education to be expended under the direction of the President of the United States.

Fourth. To pay out of said income to Jeffrey Derroin interpreter for said
tribe for services rendered, the sum of fifty dollars annually during his
natural life the balance of said income shall be delivered, at the cost of the United States, to said tribe of Ioway Indians in money or merchandise, at their own discretion, at such time and place as the President may direct, Provided always That the payment shall be made each year in the month of October.
 

TREATY WITH THE SAUK AND FOXES {1804, Nov. 3}
7 Stat., 84.
Ratified Jan. 25, 1805.
Proclaimed Feb. 21, 1805.
ARTICLE 3.  In consideration of the cession and relinquishment of land made in the preceding article, the United States will deliver to the said tribes at the town of St. Louis or some other convenient place on the Mississippi yearly and every year goods suited to the circumstances of the Indians of the value of one thousand dollars (six hundred of which are intended for the Sacs and four hundred for the Foxes) reckoning that value at the first cost of the goods in the city or place in the United States where they shall be procured.
And if the said tribes shall hereafter at an annual delivery of the goods
aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry and other utensils convenient for them, or in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual delivery be furnished accordingly.
 

TREATY WITH THE SEMINOLE {1866, Mar. 21}
14 Stat., 755.
Ratified, July 19, 1866.
Proclaimed, Aug. 16, 1866.
ARTICLE 3.  In compliance with the desire of the United States to locate other Indians and freedmen thereon, the Seminoles cede and convey to the United States their entire domain, being the tract of land ceded to the Seminole Indians by the Creek Nation under the provisions of article first, (1st) treaty of the United States with the Creeks and Seminoles, made and concluded at Washington, D.C., August 7, 1856, in consideration of said grant and cession of their lands, estimated at two million one hundred and sixty-nine thousand and eighty (2,169,080) acres, the United States agree to pay said Seminole Nation the sum of three hundred and twenty-five thousand three hundred and sixty-two ($325,362) dollars, said purchase being at the rate of fifteen cents per acre. The United States having obtained by grant of the Creek Nation the westerly half of their lands, hereby grant to the Seminole Nation the portion thereof hereafter described, which shall constitute the national domain of the Seminole Indians. Said lands so granted by the United States to the Seminole Nation are bounded and described as follows, to wit Beginning on the Canadian River where the line dividing the Creek lands according to the terms of their sale to the United States by their treaty of February 6 1866, {(a) This refers to the Creek treaty of June 14, 1866, post, p. 931. See Annual Report of Commissioner of Indian Affairs, 1866, p. 10} following said line due north to where said line crosses the north fork of the Canadian River; thence up said north fork of the Canadian River a distance sufficient to make two hundred thousand acres by running due south to the Canadian River; thence down said Canadian River to the place of beginning. In consideration of said cession of two hundred thousand acres of land described above, the Seminole Nation agrees to pay therefor the price of fifty cents per acre, amounting to the sum of one hundred thousand dollars, which amount shall be deducted from the sum paid by the United States for Seminole lands under the stipulations above written. The balance due the Seminole Nation after making said deduction, amounting to one hundred thousand dollars, the United States agree to pay in the following manner, to wit Thirty thousand dollars shall be paid to enable the Seminoles to occupy, restore, and improve their farms, and to make their nation independent and self-sustaining, and shall be distributed for that purpose under the direction of the Secretary of the Interior; twenty thousand dollars shall be paid in like manner for the purpose of purchasing agricultural implements, seeds, cows, and other stock; fifteen thousand dollars shall be paid for the erection of a mill suitable to accommodate said nation of Indians; seventy thousand dollars to remain in the United States Treasury, upon which the United States shall pay an annual interest of five per cent.; fifty thousand of said sum of seventy thousand dollars shall be a permanent school-fund, the interest of which shall be paid annually and appropriated to the support of schools; the remainder of the seventy thousand dollars, being twenty thousand dollars, shall remain a permanent fund, the [912] interest of which shall be paid annually for the support of the Seminole government; forty thousand three hundred and sixty-two dollars shall be appropriated and expended for subsisting said Indians, discriminating in favor of the destitute; all of which amounts, excepting the seventy thousand dollars, to remain in the Treasury as a permanent fund, shall be paid upon the ratification of said treaty, and disbursed in such manner as the Secretary of the interior may direct. The balance, fifty thousand dollars, or so much thereof as may be necessary to pay the losses ascertained and awarded as hereinafter provided, shall be paid when said awards shall have been duly made and approved by the Secretary of the Interior. And in case said fifty thousand dollars shall be insufficient to pay all said awards, it shall be distributed pro rata to those whose claims are so allowed; and until said awards shall be thus paid, the United States agree to pay to said Indians, in such manner and for such purposes as the Secretary of the Interior may direct, interest at the rate of five per cent. per annum from the date of the ratification of this treaty.
 

TREATY WITH THE WYANDOT, ETC. {1795, Aug. 3}
7 Stat., 49.
Proclamation, Dec. 2, 1795.
And for the same considerations and with the same views as above mentioned, the United States now deliver to the said Indian tribes a quantity of goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge; and henceforward every year forever the United States will deliver at some convenient place northward of the river Ohio, like useful goods, suited to the circumstances of the Indians, of the value of nine thousand five hundred dollars; reckoning that value at the first cost of the goods in the city or place [42] m the United States, where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered, are the following.

1st. To the Wyandots, the amount of one thousand dollars.
2nd. To the Delawares, the amount of one thousand dollars.
3d. To the Shawanese, the amount of one thousand dollars.
4th. To the Miamis, the amount of one thousand dollars.
5th. To the Ottawas, the amount of one thousand dollars.
6th. To the Chippewas, the amount of one thousand dollars.
7th. To the Potawatimes, the amount of one thousand dollars.
8th. And to the Kickapoo, Wea, Eel-river, Piankashaw and Kaskaskias tribes, the amount of five hundred dollars each.

Provided, That if either of the said tribes shall hereafter at an annual
delivery of their share of the goods aforesaid, desire that a part of their
annuity should be furnished in domestic animals, implements of husbandry, and other utensils convenient for them, and in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual deliveries be furnished accordingly.
 

TREATY WITH THE CHEROKEE {1798, Oct. 2}
7 Stat., 62.
ARTICLE 6.  In consideration of the relinquishment and cession hereby made, the United States upon signing the present treaty, shall cause to be delivered to the Cherokees, goods, wares and merchandise, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties.

ARTICLE 8.  Due notice shall be given to the principal towns of the Cherokees, of the time proposed for delivering the annual stipends; and sufficient supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them during a reasonable time. [54]

TREATY WITH THE SIX NATIONS {1794, Nov. 11}
7 Stat., 44.
Proclamation, Jan. 21, 1795.
ARTICLE 6.  In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations; and because the United States desire, with humanity and kindness, to contribute to their comfortable support; and to render the peace and friendship hereby established, strong and perpetual; the United States now deliver to the Six Nations, and the Indians of the other nations residing among and united with them, a quantity of goods
of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars, heretofore allowed them by an article ratified by the President, on the twenty-third day of April, 1792;(a) making in the whole, four thousand five hundred dollars; which shall be expended yearly forever, in purchasing clothing, domestic animals, implements of husbandry, and other utensils suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendent appointed by the
President for the affairs of the Six Nations, and their Indian friends
aforesaid.

TREATY WITH THE CHOCTAW AND CHICKASAW {1855, June 22}
11 Stat., 611.
Ratified Feb. 2 1, 1856.
Proclaimed Mar. 4, 1856.
ARTICLE 13.  The amounts secured by existing treaty stipulationsviz permanent annuity of three thousand dollars, under the second article of the treaty of eighteen hundred and five; six hundred dollars per annum for the support of light-horse men under the thirteenth article of the treaty of eighteen hundred and twenty; permanent annuity of six thousand dollars for education; under the second article of the treaty of eighteen hundred and twenty-five; six hundred dollars per annum permanent provision for the support of a blacksmith, under the sixth article of the treaty of eighteen hundred and twenty; and three
hundred and twenty dollars permanent provision for iron and steel, under the ninth article of the treaty of eighteen hundred and twenty-fiveshall continue to be paid to, or expended for the benefit of, the Choctaws as heretofore; or the same may be applied to such objects of general utility as may, from time to time, be designated by the general council of the tribe, with the approbation of the Government of the United States. And the funds now held in trust by the United States for the benefit of the Choctaws under former treaties, or otherwise, shall continue to be so held; together with the sum of five hundred thousand dollars out of the amount payable to them under articles eighth and tenth of this agreement, and also whatever balance shall remain, if
any, of the amount that shall be allowed the Choctaws, by the Senate, under the twelfth article hereof, after satisfying the just liabilities of the
tribe. The sums so to be held in trust shall constitute a general Choctaw
fund, yielding an annual interest of not less [710] than five per centum; no part of which shall be paid out as annuity, but shall be regularly and
judiciously applied, under the direction of the general council of the
Choctaws, to the support of their government for purposes of education, and such other objects as may be best calculated to promote and advance the improvement, welfare, and happiness of the Choctaw people and their descendants.
 

TREATY WITH THE PAWNEE {1857, Sept. 24}
11 Stat., 729.
Ratified, Mar. 31, 1858
Proclaimed May 26, 1858.
ARTICLE 2.  In consideration of the foregoing cession, the United States agree to pay to the Pawnees the sum of forty thousand dollars per annum, for five years, commencing on the first day of January, A. D. eighteen hundred and fifty-eight; and, after the end of five years, thirty thousand dollars per annum, as a perpetual annuity, at least one-half of which annual payments shall be made in goods, and such articles as may be deemed necessary for them.
And it is further agreed that the President may, at any time, in his
discretion, discontinue said perpetuity, by causing the value of a fair
commutation thereof to be paid to, or expended for the benefit of, said
Indians, in such manner as to him shall seem proper.

TREATY WITH THE WYANDOT, ETC. {1818, Sept. 17}
7 Stat., 178.
Proclamation, Jan. 4, 1819.
ARTICLE 4.  The United States agree to pay to the Wyandots an additional annuity of five hundred dollars, forever; to the Shawnese, and to the Senecas of Lewistown, an additional annuity of one thousand dollars, forever; and to the Senecas an additional annuity of five hundred dollars, forever; and to the Ottawas an additional annuity of one thousand five hundred dollars, forever.
And these annuities shall be paid at the places, and in the manner, prescribed by the treaty to which this is supplementary.

TREATY WITH THE OTTAWA, ETC. {1807, Nov. 17}
7 Stat.,
Proclamation, Jan. 27, 1808.
ARTICLE 2.  It is hereby stipulated and agreed on the part of the United States, as a consideration for the lands, ceded by the nations aforesaid, in the preceding article, that there shall be paid to the said nations, at Detroit, ten thousand dollars, in money, goods, implements of husbandry, or domestic animals, (at the option of the said nations, season-ably signified, through the superintendent of Indian affairs, residing with the said nations, to the department of war) as soon as practicable, after the ratification of the treaty, by the President, with the advice and consent of the Senate of the United States; of this sum, three thousand three hundred and thirty three dollars thirty three cents and four mills, shall be paid to the Ottoway nation, three thousand three hundred and thirty three dollars thirty three cents and four mills, to the Chippeway nation, one thousand six hundred sixty six dollars sixty six cents and six mills, to the Wyandotte nation, one thousand six hundred sixty six dollars sixty six cents and six mills, to the Pottawatamie nation, and likewise an annuity forever, of two thousand four hundred dollars, to be paid at Detroit, in manner as aforesaid the first payment to be made on the first day of September next, and to be paid to the
different nations, in the following proportions eight hundred dollars to the Ottoways, eight hundred dollars to the Chippeways, four hundred dollars to the Wyandottes, and four hundred dollars to such of the Pottawatamies, as now reside on the river Huron of lake Erie, the river Raisin, and in the vicinity of the said rivers.

TREATY WITH THE SEVEN NATIONS OF CANADA {1796, May 31}
7 Stat., 55.
Proclamation, Jan. 1, 1797..
 The said agents do, for, and in the name of the people of the state of New-York, grant to the said Seven Nations or tribes of Indians, that the people of the state of New-York shall pay to them, at the mouth of the river Chazy, on Lake Champlain, on the third Monday in August next, the sum of one thousand two hundred and thirty-three pounds, six shillings and eight-pence, and the further sum of two hundred and thirteen pounds six shillings and eight-pence, lawful money of the said state, and on the third Monday in August, yearly, forever thereafter, the like sum of two hundred and thirteen pounds six shillings and eight-pence Provided nevertheless, That the people of the state
of New-York shall not [46] be held to pay the said sums, unless in respect to the two sums to be paid on the third Monday in August next, at least twenty, and in respect to the said yearly sum to be paid thereafter, at least five of the principal men of the said Seven Nations or tribes of Indians, shall attend as deputies to receive and to give receipts for the same

TREATY WITH THE SIOUX {1837, Sept. 29}
7 Stat., 538.
First. To invest the sum of $300,000 (three hundred thousand dollars) in such safe and profitable State stocks as the President may direct, and to pay to the chiefs and braves as aforesaid, annually, forever, an income of not less than five per cent. thereon; a portion of said interest, not exceeding one third, to be applied in such manner as the President may direct, and the residue to be paid in specie, or in such other manner, and for such objects, as the proper authorities of the tribe may designate.

TREATY WITH THE CHIPPEWA, ETC. {1829, July 29}
7 Stat., 320.
Proclamation, Jan.  2, 1830.
ARTICLE 2.  In consideration of the aforesaid cessions of land, the United States aforesaid agree to pay to the aforesaid nations of Indians the sum of sixteen thousand dollars, annually, forever, in specie said sum to be paid at Chicago. And the said United States further agree to cause to be delivered to said nations of Indians, in the month of October next, twelve thousand dollars worth of goods as a present. And it is further agreed, to deliver to said Indians, at Chicago, fifty barrels of salt, annually, forever; and further, the United States agree to make permanent, for the use of the said Indians, the blacksmith's establishment at Chicago.

TREATY WITH THE WYANDOT, ETC. {1817, Sept. 29}
7 Stat., 160.
Proclamation, Jan. 4, 1819.
Supplementary treaty, post, p. 162.
ARTICLE 4.  In consideration of the cessions and recognitions stipulated in the three preceding articles, the United States agree to pay to the Wyandot tribe, annually, forever, the sum of four thousand dollars, in specie, at Upper Sandusky To the Seneca tribe, annually, forever, [146] the sum of five hundred dollars, in specie, at Lower Sandusky To the Shawnese tribe, annually, forever, the sum of two thousand dollars, in specie, at Wapaghkonetta To the Potawatomy tribe, annually, for the term of fifteen years, the sum of one thousand three hundred dollars, in specie, at Detroit To the Ottawas tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit To the Chippewa tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit To the Delaware tribe, in the course of the year one thousand eight
hundred and eighteen, the sum of five hundred dollars, in specie, at
Wapaghkonetta, but no annuity And the United States also agree, that all annuities due by any former treaty to the Wyandot, Shawnese, and Delaware tribes, and the annuity due by the treaty of Greenville, to the Ottawas and Chippewas tribes, shall be paid to the said tribes, respectively, in specie.

TREATY WITH THE WYANDOT, ETC. {1805, July 4}
7 Stat., 87.
Proclamation, Apt. 24, 1806.
ARTICLE 4.  The United States, to preserve harmony, manifest their liberality, and in consideration of the cession made in the preceding article, will, every year forever hereafter, at Detroit, or some other convenient place, pay and deliver to the Wyandot, Munsee, and Delaware nations, and those of the Shawanee and Seneca nations who reside with the Wyandots, the sum of eight hundred and twenty five dollars, current money of the United States, and the further sum of one hundred and seventy five dollars, making in the whole an annuity of one thousand dollars; which last sum of one hundred and seventy
five dollars, has been secured to the President, in trust for said nations, by the Connecticut land company, and by the company incorporated by the name of "the proprietors of the half million acres of land lying [78] south of lake Erie, called Sufferer's Land," payable annually as aforesaid, and to be divided between said nations, from time to time, in such proportions as said nations, with the approbation of the President, shall agree.

ARTICLE 5.  To prevent all misunderstanding hereafter, it is to be expressly remembered, that the Ottawa and Chipawa nations, and such of the Pottawatima nation as reside on the river Huron of lake Erie, and in the neighborhood thereof, have received from the Connecticut land company, and the company incorporated by the name of "the proprietors of the half million acres of land lying south of Lake Erie, called Sufferer's Land," the sum of four thousand dollars in hand, and have secured to the President of the United States, in trust for them, the further sum of twelve thousand dollars, payable in six annual instalments of two thousand each; which several sums is the full amount
of their proportion of the purchases effected by this treaty, and also by a treaty with said companies bearing even date herewith; which proportions were agreed on and concluded by the whole of said nations in their general council; which several sums, together with two thousand nine hundred and sixteen dollars and sixty seven cents, secured to the President, to raise said sum of one hundred and seventy five dollars annuity as aforesaid, is the amount of the consideration paid by the agents of the Connecticut Reserve, for the cession of their lands.

TREATY WITH THE DELAWARES, ETC. {1805, Aug. 21}
7 Stat., 91.
Proclamation, Apr. 24, 1806.
ARTICLE 3.  In consideration of the cession made in the preceding article, the United States will give an additional permanent annuity to said Miamis, Eel River, and Wea tribes, in the following proportions, viz to the Miamis, six hundred dollars; to the Eel River tribe, two hundred and fifty dollars; to the Weas, two hundred and fifty dollars; and also to the Putawatemies, an additional annuity of five hundred dollars, for ten years, and no longer; which, together with the sum of four thousand dollars which is now delivered, the receipt whereof they do hereby acknowledge, is to be considered as a full compensation for the land now ceded.
 

TREATY WITH THE CHOCTAW {1825, Jan. 20}
7 Stat., 234.
Proclamation, Feb. 19, 1825.
ARTICLE 2.  In consideration of the cession aforesaid, the United States do hereby agree to pay the said Choctaw Nation the sum of six thousand dollars, annually, forever; it being agreed that the said sum of six thousand dollars shall be annually applied, for the term of twenty years, under the direction of the President of the United States, to the support of schools in said nation, and extending to it the benefits of instruction in the mechanic and ordinary arts of life; when, at the expiration of twenty years, it is agreed that the said annuity may be vested in stocks, or otherwise disposed of, or continued, at the option of the Choctaw nation.


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