The 1833 Treaty of Chicago struck an agreement between the United States government that required the
Chippewa Odawa, and
Potawatomi tribes cede to the United States government their of land (including
reservations) in
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, the
Wisconsin Territory
The Territory of Wisconsin was an organized incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin. Belmont was ...
, and the
Michigan Territory and to move west of the
Mississippi River
The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it f ...
. In return, the tribes were given promises of various cash payments and tracts of land west of the Mississippi River. The treaty was one of the removal treaties to come after the passage of the
Indian Removal Act
The Indian Removal Act was signed into law on May 28, 1830, by United States President Andrew Jackson. The law, as described by Congress, provided "for an exchange of lands with the Indians residing in any of the states or territories, and for ...
. This was the second treaty referred to as the "Treaty of Chicago", after the
1821 Treaty of Chicago.
Background
The negotiation of the cession treaty came roughly three years after the
United States federal government
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fe ...
ratified the
Indian Removal Act
The Indian Removal Act was signed into law on May 28, 1830, by United States President Andrew Jackson. The law, as described by Congress, provided "for an exchange of lands with the Indians residing in any of the states or territories, and for ...
. While many cession treaties had previously been negotiated between the United States government and Native American tribes during the late 18th century and early 19th century, those that were negotiated after the ratification of the Indian Removal Act differed by usually including stipulations which required that the Native American tribes party to the treaty move west of the Mississippi River. In such post-Indian Removal Act cession treaties, the United States Government agreed to compensate tribes for their lands,
liquidate
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistr ...
their
debts
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The de ...
, and assist them in establishing a new permanent settlement west of the Mississippi. The Chicago Treaty of 1833 was typical of such treaties.
One of the impetuses for the treaty were rumors in the aftermath of the 1832
Black Hawk War
The Black Hawk War was a conflict between the United States and Native Americans led by Black Hawk, a Sauk leader. The war erupted after Black Hawk and a group of Sauks, Meskwakis (Fox), and Kickapoos, known as the "British Band", crosse ...
that Native Americans were coming into conflict with settlers arriving in Illinois. The number of settlers arriving in Illinois and its surrounding area in search of
farmland
Agricultural land is typically land ''devoted to'' agriculture, the systematic and controlled use of other forms of lifeparticularly the rearing of livestock and production of cropsto produce food for humans. It is generally synonymous with bot ...
had increased after the 1825 opening of the
Erie Canal
The Erie Canal is a historic canal in upstate New York that runs east-west between the Hudson River and Lake Erie. Completed in 1825, the canal was the first navigable waterway connecting the Atlantic Ocean to the Great Lakes, vastly reducing t ...
made possible an easier route to
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
from the
Eastern United States
The Eastern United States, commonly referred to as the American East, Eastern America, or simply the East, is the region of the United States to the east of the Mississippi River. In some cases the term may refer to a smaller area or the East C ...
. Illinois residents pressured the government to remove the Indians from the land they occupied in the state, thereby making it available to settlers. One of the ways in which they applied pressure was by making regular reports complaining of misconduct and hostility from the Native people. These reports were relayed by
John Reynolds to the
United States Department of War
The United States Department of War, also called the War Department (and occasionally War Office in the early years), was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army, a ...
. The reports that Reynolds delivered and the reports made by investigators that Reynolds tasked with examining this state of affairs were founded entirely on second-hand accounts. Officials that were closer to the situation gave accounts that contradict the reports of native misconduct and aggression.
Thomas Jefferson Vance Owen (the United States government's
Indian agent
In United States history, an Indian agent was an individual authorized to interact with American Indian tribes on behalf of the government.
Background
The federal regulation of Indian affairs in the United States first included development of t ...
in Chicago as well as the president of the Chicago Town Board of Trustees
), General
Winfield Scott
Winfield Scott (June 13, 1786May 29, 1866) was an American military commander and political candidate. He served as a general in the United States Army from 1814 to 1861, taking part in the War of 1812, the Mexican–American War, the early s ...
, and
George Bryan Porter
George Bryan Porter (February 9, 1791 – July 6, 1834) was an American politician, statesman in Pennsylvania and Territorial governor of Michigan from August 6, 1831, until his death on July 6, 1834.
Early life
Born in Norristown, Pennsylvania, ...
(the
territorial governor of Michigan
The governor of Michigan, is the head of government of Michigan and serves as the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws; the power to either approve or veto appropriation bills passed b ...
) all communicated to the
Office of Indian Affairs
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to American Indians and ...
that the rumors and
newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background.
Newspapers can cover a wide variety of fields such as politics, business, sports a ...
stories covering them were untrue and unfair.
In early 1833, the Office of Indian Affairs began exploring the prospect of removing the
Potawatomi. Herring,
Lewis Cass (the
United States secretary of war
The secretary of war was a member of the President of the United States, U.S. president's United States Cabinet, Cabinet, beginning with George Washington's Presidency of George Washington, administration. A similar position, called either "Se ...
) several figures to find land which could be used to house removed Potawatomi,
Odawa, and
Chippewa populations, "should they consent to remove." Among those to receive such instructions were
Montfort Stokes
Montfort Stokes (March 12, 1762November 4, 1842) was an American United States Democratic Party, Democratic (originally United States Democratic-Republican Party, Democratic-Republican) politician who served as United States Senate, U.S. Senato ...
,
Henry Leavitt Ellsworth
Henry Leavitt Ellsworth (November 10, 1791 – December 27, 1858) was a Yale-educated attorney who became the first Commissioner of the U.S. Patent Office, where he encouraged innovation by inventors Samuel F.B. Morse and Samuel Colt. Ells ...
, and
John F. Schermerhorn, the latter of whom been involved in the relocation of the Potawatomi of
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
to land west of the Mississippi River.
In a March 5, 1833, letter, Chicago Indian Agent Owen told
Elbert Herring
Elbert is a name that derived from the Germanic ''Alibert'' and may refer to:
People Given name
* Elbert Andrews (1901–1979), American baseball player
* Elbert Adrain Brinckerhoff (1838–1913), American merchant and mayor
* Egbert B. Brown (1 ...
(the
commissioner of indian affairs
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to American Indians and ...
) that, after having spoken with the, "most intelligent and influential" native chiefs he had concluded that it was very unlikely that they would agree to cede all of their lands. His letter declared that he believed that they could be induced to move west only if they were first permitted to have a delegation travel to inspect the land they would be moving to first, and that the would be, "unwilling to make any exchange until they are satisfied of the fact that their new home and country possessed advantages not inferior to those incident to" they land they already occupied. The opined that Potawatomi land cession would be expansive to secure. A copy of this letter was also sent to Michigan Territory Governor Porter, who expressed the belief that the spending of great expenses would be justified if it secured the cession of the Potawatomi from their lands. Porter also believed that the government would be able to recoup their expense when they would sell the land to settlers. Porter also suggested that it could be possible for Michigan Territory to secure a cession of the few remaining plots of land in the territory still controlled by Native Americans.
Negotiations
The federal government decided for there to be treaty negotiations with the Potawatomi, Odawa, Chippewa and
Kickapoo natives.
The then-town of
Chicago
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, map_caption = Interactive Map of Chicago
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, subdivision_type = Country
, subdivision_name ...
in the state of
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
was selected as the site for a treaty to be negotiated, as it had already long established itself as a consequential trading center, was home to the
Fort Dearborn
Fort Dearborn was a United States fort built in 1803 beside the Chicago River, in what is now Chicago, Illinois. It was constructed by troops under Captain John Whistler and named in honor of Henry Dearborn, then United States Secretary of War. ...
garrison, and was a traditional Potawatomi resort.
On April 6, 1833, Commissioner of Indian Affairs Herring informed Chicago Indian Agent Owen that the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
had approved the appropriation of $10,000 () needed to hold the treaty negotiations.
Owen took charge of planning the meeting. In preparation for the meeting, a large open arbor was built in Chicago at the corner of
Rush Street and
Michigan Avenue to be used as a council house during the meeting.
On April 8, 1866, Secretary of War Cass appointed the commissioners for the negotiations, naming Michigan Territory Governor Porter, Chicago Indian Agent Thomas Jefferson Vance Owen, and Colonel William Weatherford. Weatherford, who served to represent the people of Illinois in the investigation, ultimately played a relatively negligible role in the negotiations. Secretary Cass instructed the commissioners to work to secure the clearance of the entire region of Native American land claims.
Cass called this objective,
Cass gave the commissioners warnings that he believed other
treasuries for treaties had been excessively expensive, with too many individuals receiving gratuities. Furthermore, Cass declared that no
liquor
Liquor (or a spirit) is an alcoholic drink produced by distillation of grains, fruits, vegetables, or sugar, that have already gone through alcoholic fermentation. Other terms for liquor include: spirit drink, distilled beverage or hard ...
should be involved in the dealings of the treaty's treasury and that its location should be on Native American territory and placed under the protection of the Army's commanding officer at Fort Dearborn.
William Lee D. Ewing served as secretary for the commissioners.
Plans to facilitate the travel of a Native American delegation to inspect land West of the Mississippi ahead of the negotiations were scrapped after appropriations for such an undertaking failed to come through. Porter, who believed that this would increase the difficulty of negotiating the treaty, requested in an August 23, 1833, to John F. Schermerhorn that Schermerhorn travel to Chicago to help with the negotiations by sharing his expert knowledge about land West of the Mississippi. Schermerhorn would come to during the meetings, staying from September 22 through September 26, 1833.
During the meeting, it was estimated that 3,000 out-of-town visitors descended on Chicago, including Native Americans, government officials, troops of the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
,
land speculators
In finance, speculation is the purchase of an asset (a commodity, goods, or real estate) with the hope that it will become more valuable shortly. (It can also refer to short sales in which the speculator hopes for a decline in value.)
Many s ...
, and other travelers to witness the proceedings unfold.
At the time, Chicago was just a small village with merely 150 buildings.
Thousands of Native Americans descended on the city in the week that the meeting started. Among the non-Natives who came to Chicago were who saw the trial as important to the interests of their personal profit, including, "men pursuing Indian claims, some for tracts of land,...creditors of the tribes, or of particular Indians, who know that they have no chance of getting their money, if they do not get it from Government agents." While traders worked hard to influence the treaty, it appears that they had very little influence on the actual terms reached. During the meeting, there was much unruliness among the many visitors who had flocked to the city.
The meeting was held between September 10 and October 7, 1833.
Formal proceedings of negotiations were originally scheduled to begin on September 12, 1833. However, the Native Americans, who were in no hurry to start the assembly, caused this to be delayed and the first day of the council for the negotiations was held on September 14. At the beginning of the proceedings, a fire was kindled inside of the council house and a
peace pipe
A ceremonial pipe is a particular type of smoking pipe, used by a number of cultures of the indigenous peoples of the Americas in their sacred ceremonies. Traditionally they are used to offer prayers in a religious ceremony, to make a ceremonial ...
was passed between the federal government's commissioners and the chief and head men of the Native tribes.
While the natives were against the cession of their land, it was clear from past experiences that the United States government would not take "no" for an answer once it decided it wanted to see Natives cede their land. Therefore, the Natives likely saw it as in their best interests to strike a bargain, despite their desire to remain on their existing lands.
An initial version of the treaty was agreed to on September 26, 1833.
Supplementary articles were agreed to the following day.
After the treaty was agreed to, the commissioners gave
medal
A medal or medallion is a small portable artistic object, a thin disc, normally of metal, carrying a design, usually on both sides. They typically have a commemorative purpose of some kind, and many are presented as awards. They may be int ...
s to a number of Native chiefs. From September 30 through October 4, 1833, the commissioners examined claims that individuals held against the Natives. From October 5 through October 6, they created a statement of their accounts and checked invoices.
Porter, who had been enthusiastic in his role in creating and finalizing the treaty, wrote a letter to Lewis Cass to report the completion of the treaty. In it, he also suggested that the United States act fast to remove from Native possession remaining small reservations, "thus this whole country may probably be altogether relieved from any serious impediment to its entire settlement, by the removal of a population which will always embarrass and retard it."
Signatories and witnesses
Stipulations
of land were ceded to the United States government in the treaty.
The treaty stipulated that the Odawa, Chippewa, and Potawatomi would cede their lands in
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, the
Wisconsin Territory
The Territory of Wisconsin was an organized incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin. Belmont was ...
, and the
Michigan Territory in exchange for a sum of presents, certain annuities, liquidation of all their debt, and a tract of equal size in the
Kansas Territory
The Territory of Kansas was an organized incorporated territory of the United States that existed from May 30, 1854, until January 29, 1861, when the eastern portion of the territory was admitted to the United States, Union as the Slave and ...
along the
Missouri River where they were required to move within three years.
The Potawatomi were the largest tribe in regards to population residing West of the Mississippi among the three tribes that were party to the treaty.
The sum promised to the tribes was unprecedented for such a treaty.
The treaty marked the cession of what was the last immense tract of Native American land that remained north of the
Ohio River
The Ohio River is a long river in the United States. It is located at the boundary of the Midwestern and Southern United States, flowing southwesterly from western Pennsylvania to its mouth on the Mississippi River at the southern tip of Illino ...
and east of the Mississippi River. This marked a landmark in accomplishing the Indian removal goals being pursued by President
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
and the Office of Indian Affairs.
Ratification and implementation
Commissioner of Indian Affairs Herring and Secretary of War Cass, considered the treaty to be a significant success for the United States.
Herring told the opening of the Fall 1833 session of the United States Congress that,
In a report to the president, Secretary Cass lauded that the Natives were better off west of the Mississippi, declaring that they were, "comfortable and contented" there. He also celebrated seeing the land north of the Ohio River and West of the Mississippi River, "cleared of the embarrassments of Indian relations."
Despite the glowing endorsements of Secretary Cass and Secretary Herring, it soon became clear that the treaty would face strong opposition within the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
.
One reason was that, immediately after the agreement was first reached in 1833, accusations of
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
and foul play alleging schemes to self-enrich were made against individuals that had negotiated the treaty. Another reason was that United States senators felt that Native treaties were beginning to cost too much.
The primary corruption allegation was the allegation that Governor Porter had shown favor to two families with connections to him, the Kinzie's and the Forsyths. Members of these families were to profit a cumulative $100,000 () from under terms of the treaty. It looked suspicious that each member of the Kinzie family earned nearly identical sums of money under the treaty's terms. Porters'connection to the Kinzies and Forsyths was further given bad optics with the fact that John J. Kinzie and B. B. Kerchavel (the latter being the husband of Maria Forsyth) had been given a virtual
monopoly
A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situati ...
on furnishing goods to the treaty negotiation meetings, for which they made a 50% profit. Additional, many government officials had been hosted at the Kinzie residence during the negotiations and had well-compensated the Kinzie for these accommodations. Porter made efforts to refute the allegations of wrongdoing.
Finding the Porter's refutations of the corruption allegations satisfactory, President Jackson submitted the treaty to the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on January 10, 1834, requesting that the Senate give its approval to the treaty. To address the allegations of corruption, Jackson recommended that an individual agent be sent to go to Chicago and investigate the claims there. The Senate referred the treaty to the
Senate Committee on Indian Affairs
The Senate Committee on Indian Affairs is a committee of the United States Senate charged with oversight in matters related to the American Indian, Native Hawaiian, and Alaska Native peoples. A Committee on Indian Affairs existed from 1820 to 19 ...
.
After giving due consideration to objections to the treaty, the committee decided that there was not a need for them to fight the treaty's ratification. On April 2, 1834, the committee submitted its report and recommendations to the full Senate.
On October 1, 1834, alterations to the treaty were proposed.
On February 21, 1835, the Senate gave its consent to the treaty.
The treaty was ratified that same day by the signature of President Jackson.
The treaty's statute reference is 7 Stat., 431.
On March 3, 1835, federal appropriations for the treaty were approved. The appropriations saw $1,032,689.53 () allocated for grants provided by the treaty. A further $2,536.53 () was appropriated to pay the balance exceeding the $10,000 previously appropriated to cover the costs incurred in spending related to facilitating the negotiations. $9,453 () was appropriated to cover the expenses of an exploratory trip by fifty representatives of the Potawatomi to inspect the land they would be allotted west of the Mississippi.
In accordance with the treaty and the federal government's goals, the United States government acted to carry out the removal of members of the party Native American tribes out of the lands east of the Mississippi.
As the treaty was ratified in 1835, it would be by 1838 that the Natives had to leave.
On August 31, 1835, before the residents of Chicago, in an act of defiance ahead of their impending removal, five-hundred Native American warriors gathered in Chicago in full dress and brandishing
tomahawks and put on dramatic war dance displays. This was the last recorded war dance in the
Chicago area
The Chicago metropolitan area, also colloquially referred to as Chicagoland, is a metropolitan area in the Midwestern United States. Encompassing 10,286 sq mi (28,120 km2), the metropolitan area includes the city of Chicago, its suburbs and hi ...
.
Some natives moved to northern Wisconsin, rather than moving west of the Mississippi. For years, only the Potawatomi that had moved west of the Mississippi to Kansas would received the stipulated annuities from the United States government. However, the United States government moved to rectify this in 1913, when it paid the Wisconsin Potawatomi $447,339 ().
References
External links
National Archives scan of the treaty and supplemental articlesNational Archives scan of the supplemental articles to the treatyOklahoma State University Library scan of the treatyOklahoma State University Library text of treatyForest County Potawatomi text of treatyInternet Archive text of the treaty via JSTOR contentText of the treaty as compiled and edited by Charles J. Kappler for the United States Government Printing Office in 1904 (available via family search.org)
Chicago
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, coordinates_footnotes =
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Ojibwe in the United States
Legal history of Michigan
Native American history of Michigan
Native American history of Wisconsin
Native American history of Illinois
Pre-statehood history of Michigan
Pre-statehood history of Wisconsin
Anishinaabe treaty areas
Chicago
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, coordinates_footnotes =
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History of Chicago
Presidency of Andrew Jackson
1833 in Illinois
1830s in Chicago
1830s controversies in the United States
{{MIHistory