hoffman] STAMBAUGH TREATY 29 



■ Thomas Rowland, Jn. Bpt. Fcoia Fauvel, Clergyman, 



D. G. Jones, Jesse Miner, 



R. A. Forsyth, Henry Conner, Interpreter. 



S. Coiiant, John Kinzie, Jim. 



E. A. Brush, 



NOTE. — The above treaty was ratified with the proviso, "That the said treaty 

 shall not impair or affect auy right or claim which the New York Indians, or any of 

 them, have to the lands, or any of the lands, mentioned in the said treaty,'' 



The action of the United States Senate, in its ratification of this 

 treaty, known as the "Treaty of Butte des Morts," failed to bring 

 about a satisfactory condition of affairs, and new commissioners were 

 appointed in 1830 to endeavor to bring about a satisfactory conclusion 

 of the matter. The leading Menomini were inflexible, stating that 

 their chief men had not been consulted in the previous treaties, unau- 

 thorized or uninfluential Indians assuming such authority without any 

 right thereto. The expression of opposition was that the New York 

 Indians were simply regarded as tenants at will and in no sense con- 

 sidered as owners or controllers of the soil. 



The commission failed to effect anything, and it was not until 1831 

 that the treaty, since familiarly known as the Stambaugh treaty, was 

 definitely concluded, and signed by the parties. Mr Ellis 2 remarks: 



The New York Indians were not parties to the treaty. In order to a proper under- 

 standing of the subject, it is necessary to make copious extracts. Tbe treaty sets 

 forth the boundaries as claimed by the Menomonees, taking all the lands east of 

 Fox River, Green Bay, and Lake Winnebago, and from Fond du Lac south easterly to 

 the sources of the Milwaukee River, and down the same to its mouth — this tract was 

 ceded to the United States. They claimed westerly and north-westerly, everything 

 west of Green Bay from the Shoskonabie (Es-co-ua-ba) River to the upper forks of 

 thi' Menomonee, thence to Plover Portage of the Wisconsin, and thence up that 

 river to Soft Maple River; west to Plume River of the Chippewa, tlieuce down the 

 Chippewa 30 miles; thence easterly to the fork of the Monoy or Lemonweir River, 

 and dowu that river to its mouth; thence to the Wisconsin Portage, thence down 

 the Fox to Lake Winnebago. 



The first article of the treaty relates exclusively to the New York Indians, and is in 

 the following words : The Menomonee tribe of Indians declare themselves the friends 

 and allies of the United States, under whose pi rental care and protection they desire 

 to continue; and though always protesting that they are under no obligation to rec- 

 ognize any claim of the New York Indians to any portion 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 au evi- 

 dence of their love and veneration for him, they agree that such part of the land 

 described, being within the following boundaries, as he may direct, may be set apart 

 as a home to the several tribes of the New York Indians, who may remove to, and set- 

 tle upon the same, within three years from the date of this agreement, viz. : Begin- 

 ning on the west side of Fox River, near the " Little Kackalin,'' at a point known as 

 the "Old Mill l>am," thence north-west forty miles; thence north-east to the Oconto 

 creek, falling into Green Bay; thence down said Oconto creek to Greeu Bay; thence 

 up and along Green Bay and Fox River to the place of beginning; excluding there- 



1 Treaties between the United States of America and the several Indian tribes, from 1778 to 1837, 

 Washington. ls:;7, pp. 412-415. 

 s Op. cit., vol. ii, pp. 435, 436. 



