REPORT

Of a Select Committee on the petition of sundry Indians of the Stockbridge Nation, accompanied with a bill confirming their title to certain lands.

FEBRUARY 24, 1820.

Printed by order of the House of Representatives.

The Committee to whom was referred the petition of the Muhheakunuk or Stockbridge nation of Indians,

RESPECTFULLY REPORT:

That it appears, that, antecedent to the revolutionary war the Miami nation of Indians granted to the Delaware, Mohiccan (Muhheakunuk) and Munsee tribes, a tract of land, situated on the waters of the White River, and now comprised within the state of Indiana; that the Delawares, and a part of the Mohiccan nation, shortly thereafter, removed to and settled upon these lands, where they yet remain. This grant was originally authenticated, according to the customs of the Indian nations, by the delivery of a belt and several strings of wampum. On the 21st day of December, 1808, it was formally reduced to writing at the city of Washington, by Mr. Jefferson, then President of the United States, attested by Henry Dearborn, Secretary of War, and the seal of the War Department was affixed to the instrument. This authentication of the title to these lands has, ever since, remained in the possession of the chiefs of the Delaware and Mohiccan nations. The Mohiccans principally reside in the state of NewYork, but, for many years previous to the execution of this deed, a part of the nation resided with the Delawares on these lands.

By the treaty made at St. Mary's, in the state of Ohio, on the 3d day of October, 1818, the Delaware nation ceded to the United States, "all their claim" to land in "the state of Indiana;" reserving the use and occupation of their improvements for the term of three years. Since the ratification of this treaty, the title of the Mohiccan nation to an undivided and equal portion of the lands ceded by the Delawares, has been denied; and they have been required, by the agents of the government, to remove from the tract at the expiration of three

years from the date of the treaty, and that their title will not be recognized.

Since the grant of these lands by the Miamies, the Mohiccan nation has never ceded or alienated any portion of them; and the Committee are of opinion, after a careful examination of the documents, that their title is not affected by the cession made by the Delawares to the United States, or by any treaties made with tribes to which the Mohiccans were not parties, and that they still remain the lawful proprietors of an equal and undivided share of the tract granted by the Miamies to them, in common with the Delawares and Munsees.

The foundation of the denial of their title is contained in the communication (herewith submitted) to the Secretary of the Department of War, from John Johnston, the agent of the United States for Indian Affairs at Piqua. The allegation contained in this communication, that the Mohiccans " may be considered a component part" of the Delaware nation, does not appear to the Committee to be a fair deduction from the history of these nations. The terms of relationship, used by the Indian nations in their intercourse, are merely appellations of the friendship existing among different tribes. They denote no consanguinity with each other, and their origin may frequently be traced to casual circumstances, or events in the history of the Indian nations inhabiting this continent. A clear and satisfactory explanation of their customs in this respect, is contained in Heckewelder's history of the Indians, and Loskiel's history of the missions to the Indian tribes in North America. In confirmation of these historical accounts, the Committee submit, with this report, a statement, furnished by one of the chiefs of the Mohiccan nation, relative to the origin of the appellation of relationship existing between the Delaware and Mohiccan tribes.

It is stated by the agent for Indian Affairs, that the Mohiccans claim these lands under the second article of the treaty made at Fort Wayne, on the 30th day of September, 1809, between the United States and the Delaware, Miami, Potawattamie, and Eel river tribes. The deed, from the Miamies to the Mohiccans, bearing date at a period long antecedent to this treaty, which deed was but the formal recognition of a title much more ancient, the inference drawn by the agent, that the title of the Mohiccans is derived from a subsequent treaty with other tribes, to which the Mohiccans were not parties, is not only singular, but clearly unwarranted, as well by the facts as by every rule of just interpretation.

It appears, from this communication of the Indian Agent, that, "previous to the Miami chiefs signing the treaty, they required and received from the commissioners of the United States a paper, purporting to hold them indemnified" from the claim of the Mohiccans. To determine with certainty the nature of this instrument, and the reasons of its execution and delivery, the Committee have examined the journal of the Commissioners, and nothing appears therein relative to the subject.

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The Committee are of opinion, that it is evident, from this communication of the Indian agent, that the Mohiccans were entitled to a share of these lands. They were formally notified to attend the treaty; the Indian agent endeavored to obtain for them a reservation; the Miamies, before the execution of the treaty, required an indemty against their claims; a part of the nation resided on the lands, and their claim was a subject of consideration during the making of the treaty.

Independently of the evidence of this claim furnished by the documents, many circumstances concur to render it proper that it should be recognized on the part of the United States. As far as the complaints of the Mohiccan Nation, in relation to this treaty, are set forth in their petition, there is much reason to believe that they are just. Their communications to the Delawares, transmitted to the care of the Indian agent, were by him suppressed from the knowledge of the Delawares, and his suggestions of the "proper steps" to be taken for the procurement of Indian lands, by the employment of persons whose negociations may not prove to be "unsuccessful, by reason of ignorance of the Indian character," tend much to impair the sincerity of those professions of "candor" and devotion to the "best interests" of the Indians, which are displayed in this communication to the War Department.

The committee have not been able to determine, with satisfactory precision, the extent or boundaries of the grant from the Miamies to the Delawares, Mohiccans, and Munsees. It is alleged, on the part of the chiefs of the Mohiccan Nation, that the grant included a tract of one hundred miles square; but no documents exist which render certain its extent. It being evident, however, that their title to some portion of the lands ceded by the Delawares is well founded, the committee report a bill for the confirmation of their claim, and providing for its amicable and equitable adjustment.

To our great Father, the President, and to his great Council, the Congress of the United States.

We, your red brethren, chiefs and principal men of the Muhhecunnuk or Stockbridge nation, desire you to listen to us. We are all descended from one father, and, with our white brethren, acknowledge and worship one God, who has graciously placed us under the care of wise and just men; we have been taught that you were always ready to listen to the complaints of your red brethren, and we confidently come unto you, believing that when you shall have heard our petition, you will not suffer us to be wronged of our lands, or driven away from our country.

BRETHREN: We, from a great and strong nation, have become

few and weak. When your fathers first came to this great island, they found our fathers in possession of a great country, abounding in all things necessary for their comfort and sustenance. Your fathers were then few and small. We, of the Muhhekonuk nation, then received them as friends and brothers. As your fathers increased along the sea shore, ours were obliged to fall back; and, to afford them more land, our fathers removed from the island of Manhattan, (which you have since covered with a great city,) toward the head waters of the great river, which there mixes with the sea.

But, in a little time your fathers came among them again, and built another city and fort, when they again left their town near Albany, and removed with their wives and children eastward, toward the river Connecticut, where they again re-united our nation at Stockbridge.

But, in a little time again, others of your fathers coming from the East, had come near unto them; and on the West had encircled them in, when our fathers finding that their lands were covered with their white brethren, and that they would soon be left with but little ground for hunting, or for corn, removed far West, beyond the borders of your fathers' lands, and our nation was again seated down in peace. Though thus compelled to wander from place to place, we were your friends. When your parent disowned you as her children, and sent over to this great island many strong warriors to burn your towns, destroy your families, and bring you into captivity; we, of the Muhheconnuck's defended your fathers on the West, against the warriors which your parent had sent against you on that side; and we also sent our warriors to join your great chief Washington, to aid him in driving back into the sea the unnatural monsters, who had come up from thence to devour you and ravage the land, which we a long time before granted to your fathers to live upon.

Since our removal to New Stockbridge, where we now live, we have abandoned our hunting and cultivate the earth.

We have found that by the counsel of good men in that respect we have profited much, and our nation was increasing in numbers, and peace. Your brethren have at various times sent among us good and pious men, who have instructed us by good counsels, and redeemed us from our false gods, and put into our hearts to know the truth, and our nation have long ago cast away their dumb idols, which could not speak, and we now worship the only true God and Saviour Jesus Christ. Our children are taught to read and write, to cultivate the earth, and to worship, love, obey, and serve the Lord. But, with all these blessings, we have found that, since we have again became surrounded with our white brethren, bad men persuade our young men to evil.

Our lands here have again became small, and many years ago, a part of our nation went to other lands, which we own, to prepare a place for us.

BRETHREN: We wish you now to listen to what we have to say. A great many years ago, the Miami or Maumee nation, and several

other tribes, granted to our fathers, the Muhheconnuks, to the Delawares and Munsees, a large tract of country on the White River far west of the River Ohio. This grant was confirmed by a belt of wampum, which our white brethren know is among us a pledge of faith. In many councils has this grant been confirmed and acknowledged; and, in the year of our Lord 1808, it was put into writing, on parchment, at the City of Washington, according to the customs of our white brethren, and was sealed with the seal of your nation, and subscribed and witnessed by our father, Thomas Jefferson, and Henry Dearborn, one of your chief counsellors.

This deed we now show to you. A part of our nation, as we have told you, removed to these lands, and possessed them, with the Delawares and Munsees, and made large improvements on them, at great expense to our nation, to prepare them for us. We were about preparing, last year, to remove to them with our families and instructors, but we heard, with great grief and disappointment, that, during the last year, your nation, by its chiefs and counsellors, have made a treaty with the Delawares, alone, for these lands, at which our chiefs were not present, nor our nation consulted; and our brethren who are on these lands are directed to leave them in a short time; our right to them is denied; our hopes are thus blasted; and we suffer under the wrong, which grieves us greatly.

In the last year, our nation looked with pain on the situation of our brethren in the west. We saw them lying in darkness and Paganism, and believed that our God called upon us to send among them a colony of our nation, in which was built up a church of our Lord and Saviour, that we might be the means of civilizing and christianizing them, and doing to them great good. In this we were aided by the counsel and assistance of the good and pious among us, and those who had sent to us the light and blessing of the gospel of our Lord.

We hoped to aid greatly in spreading over this whole island, even to the great western waters, the fruits of religion and civilization, that all our red brethren might partake of them and be made happy; our God adored, and his kingdom advanced: but all these prospects are clouded and hidden from our eyes. The lands we justly own as a nation are taken from us; we shall thus be deprived of our inheritance without our consent. We pray that you will not suffer this wrong to be done to us. We have always looked up to you for advice and counsel and protection, and we believe that you will not refuse to listen to our cries. The lands which our fathers have left to us is small, and, if we are driven now from it, our nation must remain where we now are, and we fear that, in a little time, it may be wasted away and destroyed. You are a great nation, and have many lands: that which we have will add little to them.

We were told, last winter, that we must look to the Delawares about this matter; but we know that the Delawares have no right to sell our lands. Besides, the Delawares have nothing that we want to give us for them. We had rather look to your nation, which is