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service for many years. Connected with the agency were Joseph Smart and John Goodell, interpreters. The latter was intrepreter for Hard Fish's band. Three of the Indian chiefs, Keokuk, Wapello and Appanoose, had each a large field improved, the two former on the right bank of the Des Moines, back from the river, in what is now "Keokuk's Prairie," and the latter on the present site of the city of Ottumwa. Among the traders connected with the agency were the Messrs. Ewing, from Ohio, and Phelps & Co., from Illinois, and also Mr. J. P. Eddy, who established his post at what is now the site of Eddyville.

The Indians at this agency became idle and listless in the absence of their natural and wonted excitements, and many of them plunged into dissipation. Keokuk himself became dissipated in the latter years of his life, and it has been reported that he died of delirium tremens after his removal with his tribe to Kansas.

In May, 1843, most of the Indians were removed up the Des Moines River, above the temporary line of Red Rock, having ceded the remnant of their lands in Iowa to the United States on the 21st of September, 1837, and on the 11th of October, 1842. By the terms of the latter treaty, they held possession of the "New Purchase" till the Autumn of 1845, when the most of them were removed to their reservation in Kansas, the balance being removed in the Spring of 1846.

1. Treaty with the Sioux.-Made July 19, 1815: ratified December 16, 1815. This treaty was made at Portage des Sioux, between the Sioux of Minnesota and Upper Iowa and the United States, by William Clark and Ninian Edwards, Commissioners, and was merely a treaty of peace and friendship on the part of those Indians toward the United States at the close of the war of 1812.

2. Treaty with the Sacs.-A similar treaty of peace was made at Portage des Sioux, between the United States and the Sacs, by William Clark, Ninian Edwards and Auguste Choteau, on the 13th of September, 1815, and ratified at the same date as the above. In this, the treaty of 1804 was re-affirmed, and the Sacs here represented promised for themselves and their bands to keep entirely separate from the Sacs of Rock River, who, under Black Hawk, had joined the British in the war just then closed.

3. Treaty with the Foxes.-A separate treaty of peace was made with the Foxes at Portage des Sioux, by the same Commissioners, on 14th of September, 1815, and ratified the same as the above, wherein the Foxes re-affirmed the treaty at St. Louis, of November 3, 1804, and agreed to deliver up all their prisoners to the officer in command at Fort Clark, now Peoria, Illinois.

4. Treaty with the lowas.-A treaty of peace and mutual good will was made between the United States and the Iowa tribe of Indians, at Portage des Sioux, by the same Commissioners as above, on the 16th of September, 1815, at the close of the war with Great Britain, and ratified at the same date as the others.

5. Treaty with the Sacs at Rock River.-Made at St. Louis on the 13th of May, 1816, between the United States and the Sacs of Rock River, by the Commissioners, William Clark, Ninian Edwards and Auguste Choteau, and ratified December 30, 1816. In this treaty, that of 1804 was re-established and confirmed by twenty-two chiefs and head men of the Sacs of Rock River, and Black Hawk himself attached to it his signature, or, as he said, "touched the goose quill.

6. Treaty of 1824.-On the 4th of August, 1824. a treaty was made between the United States and the Sacs and Foxes, in the city of Washington, by Wil

liam Clark, Commissioner, wherein the Sac and Fox nation relinquished their title to all lands in Missouri, and that portion of the southeast corner of Iowa known as the "Half-Breed Tract" was set off and reserved for the use of the half-breeds of the Sacs and Foxes, they holding title in the same manner as Indians. Ratified January 18, 1825.

7. Treaty of August 19, 1825.-At this date a treaty was made by William Clark and Lewis Cass, at Prairie du Chien, between the United States and the Chippewas, Sacs and Foxes, Menomonees, Winnebagoes and a portion of the Ottawas and Pottawatomies. In this treaty, in order to made peace between the contending tribes as to the limits of their respective hunting grounds in lowa, it was agreed that the United States Government should run a boundary line between the Sioux, on the north, and the Sacs and Foxes, on the south, as follows:

Commencing at the mouth of the Upper Iowa River, on the west bank of the Mississippi, and ascending said Iowa River to its west fork; thence up the fork to its source; thence crossing the fork of Red Cedar River in a direct line to the second or upper fork of the Des Moines River; thence in a direct line to the lower fork of the Calumet River, and down that river to its junction with the Missouri River.

8. Treaty of 1830.-On the 15th of July, 1830, the confederate tribes of the Sacs and Foxes ceded to the United States a strip of country lying south of the above line, twenty miles in width, and extending along the line aforesaid from the Mississippi to the Des Moines River. The Sioux also, whose possessions were north of the line, ceded to the Government, in the same treaty, a like strip on the north side of the boundary. Thus the United States, at the ratification of this treaty, February 24, 1831, came into possession of a portion of lowa forty miles wide, extending along the Clark and Cass line of 1825, from the Mississippi to the Des Moines River. This territory was known as the "Neutral Ground," and the tribes on either side of the line were allowed to fish and hunt on it unmolested till it was made a Winnebago reservation, and the Winnebagoes were removed to it in 1841.

9. Treaty with the Sacs and Foxes and other Tribes.-At the same time of the above treaty respecting the "Neutral Ground" (July 15, 1830), the Sacs and Foxes, Western Sioux, Omahas, Iowas and Missouris ceded to the United States a portion of the western slope of Iowa, the boundaries of which were defined as follows: Beginning at the upper fork of the Des Moines River, and passing the sources of the Little Sioux and Floyd Rivers, to the fork of the first creek that falls into the Big Sioux, or Calumet, on the east side; thence down said creek and the Calumet River to the Missouri River; thence down said Missouri River to the Missouri State line above the Kansas; thence along said line to the northwest corner of said State; thence to the high lands between the waters falling into the Missouri and Des Moines, passing to said high lands along the dividing ridge between the forks of the Grand River; thence along said high lands or ridge separating the waters of the Missouri from those of the Des Moines, to a point opposite the source of the Boyer River, and thence in a direct line to the upper fork of the Des Moines, the place of beginning.

It was understood that the lands ceded and relinquished by this treaty were to be assigned and allotted, under the direction of the President of the United States, to the tribes then living thereon, or to such other tribes as the President might locate thereon, for hunting and other purposes. In consideration of three tracts of land ceded in this treaty, the United States agreed to pay to the Sacs three thousand dollars; to the Foxes, three thousand dollars; to the Sioux, two thousand dollars; to the Yankton and Santee bands of Sioux, three thousand dollars; to the Omahas, two thousand five hundred dollars; and to the Otoes and Missouris, two thousand five hundred dollars- to be paid annually for ten successive years. In addition to these annuities, the Government agreed to furnish some of the tribes with blacksmiths and agricultural implements to the amount of two hundred dollars, at the expense of the United States, and to set

apart three thousand dollars annually for the education of the children of these tribes. It does not appear that any fort was erected in this territory prior to the erection of Fort Atkinson on the Neutral Ground, in 1840-1.

This treaty was made by William Clark, Superintendent of Indian affairs, and Col. Willoughby Morgan, of the United States First Infantry, and came into effect by proclamation, February 24, 1831.

10. Treaty with the Winnebagoes.-Made at Fort Armstrong, Rock Island, September 15, 1832, by Gen. Winfield Scott and Hon. John Reynolds, Governor of Illinois. In this treaty the Winnebagoes ceded to the United States all their land lying on the east side of the Mississippi, and in part consideration therefor the United States granted to the Winnebagoes, to be held as other Indian lands are held, that portion of Iowa known as the Neutral Ground. The exchange of the two tracts of country was to take place on or before the 1st day of June, 1833. In addition to the Neutral Ground, it was stipulated that the United States should give the Winnebagoes, beginning in September, 1833, and continuing for twenty-seven successive years, ten thousand dollars in specie, and establish a school among them, with a farm and garden, and provide other facilities for the education of their children, not to exceed in cost three thousand dollars a year, and to continue the same for twenty-seven successive years. Six agriculturists, twelve yoke of oxen and plows and other farming tools were to be supplied by the Government.

11. Treaty of 1832 with the Sacs and Foxes.-Already mentioned as the Black Hawk purchase.

12. Treaty of 1836 with the Sacs and Foxes, ceding Keokuk's Reserve to the United States; for which the Government stipulated to pay thirty thousand dollars, and an annuity of ten thousand dollars for ten successive years, together with other sums and debts of the Indians to various parties.

13. Treaty of 1837.-On the 21st of October, 1837, a treaty was made at the city of Washington, between Carey A. Harris, Commissioner of Indian Affairs, and the confederate tribes of Sacs and Foxes, ratified February 21, 1833, wherein another slice of the soil of Iowa was obtained, described in the treaty as follows: "A tract of country containing 1.250,000 acres, lying west and adjoining the tract conveyed by them to the United States in the treaty of September 21, 1832. It is understood that the points of termination for the present cession shall be the northern and southern points of said tract, as fixed by the survey made under the authority of the United States, and that a line shall be drawn between them so as to intersect a line extended westwardly from the angle of said tract nearly opposite to Rock Island, as laid down in the above survey, so far as may be necessary to include the number of acres hereby ceded, which last mentioned line, it is estimated, will be about twenty-five miles."

This piece of land was twenty-five miles wide in the middle, and ran off to a point at both ends, lying directly back of the Black Hawk Purchase, and of the the same length.

14. Treaty of Relinquishment.—At the same date as the above treaty, in the city of Washington, Carey A. Harris, Commissioner, the Sacs and Foxes ceded to the United States all their right and interest in the country lying south of the boundary line between the Sacs and Foxes and Sioux, as described in the treaty of August 19, 1825, and between the Mississippi and Missouri Rivers, the United States paying for the same one hundred and sixty thousand dollars. The Indians also gave up all claims and interests under the treaties previously made with them, for the satisfaction of which no appropriation had been made. 15. Treaty of 1842.-The last treaty was made with the Sacs and Foxes October 11, 1842; ratified March 23, 1843. It was made at the Sac and Fox agency (Agency City), by John Chambers, Commissioner on behalf of the United States. In this treaty the Sac and Fox Indians "ceded to the United States all their lands west of the Mississippi to which they had any claim or title." By the terms of this treaty they were to be removed from the country at the expiration of three years, and all who remained after that were to move at their own expense. Part of them were removed to Kansas in the fall of 1845, and the rest the spring following.

SPANISH GRANTS.

While the territory now embraced in the State of Iowa was under Spanish rule as a part of its province of Louisiana, certain claims to and grants of land were made by the Spanish authorities, with which, in addition to the extinguishment of Indian titles, the United States had to deal. It is proper that these should be briefly reviewed:

Dubuque.-On the 22d day of September, 1788, Julien Dubuque, a Frenchman, from Prairie du Chien, obtained from the Foxes a cession or lease of lands on the Mississippi River for mining purposes, on the site of the present city of Dubuque. Lead had been discovered here eight years before, in 1780, by the wife of Peosta Fox, a warrior, and Dubuque's claim embraced nearly all the lead bearing lands in that vicinity. He immediately took possession of his claim and commenced mining, at the same time making a settlenient. The place became known as the "Spanish Miners," or, more commonly, "Dubuque's Lead Mines."

In 1796, Dubuque filed a petition with Baron de Carondelet, the Spanish Governor of Louisiana, asking that the tract ceded to him by the Indians might be granted to him by pacent from the Spanish Government. In this petition Dubuque rather indefinitely set forth the boundaries of his claim as "about seven leagues along the Mississippi River, and three leagues in width from the river," intending to include, as is supposed, the river front between the Little Maquoketa and the Tete des Mertz Rivers, embracing more than twenty thousand acres. Carondelet granted the prayer of the petition, and the grant was subsequently confirmed by the Board of Land Commissioners of Louisiana.

In October, 1804, Dubuque transferred the larger part of his claim to Auguste Choteau, of St. Louis, and on the 17th of May, 1805, he and Choteau jointly filed their claims with the Board of Commissioners. On the 20th of September, 1806, the Board decided in their favor, pronouncing the claim to be a regular Spanish grant, made and completed prior to the 1st day of October, 1800, only one member, J. B. C. Lucas, dissenting.

Dubuque died March 24, 1810. The Indians, understanding that the claim of Dubuque under their former act of cession was only a permit to occupy the tract and work the mines during his life, and that at his death they reverted to them, took possession and continued mining operations, and were sustained by the military authority of the United States, notwithstanding the decision of the Commissioners. When the Black Hawk purchase was consummated, the Dubuque claim thus held by the Indians was absorbed by the United States, as the Sacs and Foxes made no reservation of it in the treaty of 1832.

The heirs of Choteau, however, were not disposed to relinquish their claim without a struggle. Late in 1832, they employed an

agent to look after their interests, and authorized him to lease the right to dig lead on the lands. The miners who commenced work under this agent were compelled by the military to abandon their operations, and one of the claimants went to Galena to institute legal proceedings, but found no court of competent jurisdiction, although he did bring an action for the recovery of a quantity of lead dug at Dubuque, for the purpose of testing the title. Being unable to identify the lead, however, he was non-suited.

By act of Congress, approved July 2, 1836, the town of Dubuque was surveyed and platted. After lots had been sold and occupied by the purchasers, Henry Choteau brought an action of ejectment against Patrick Malony, who held land in Dubuque under a patent from the United States, for the recovery of seven undivided eighth parts of the Dubuque claim, as purchased by Auguste Choteau in 1804. The case was tried in the District Court of the United States for the District of Iowa, and was decided adversely to the plaintiff. The case was carried to the Supreme Court of the United States on a writ of error, when it was heard at the December term, 1853, and the decision of the lower court was affirmed, the court holding that the permit from Carondelet was merely a lease, or permit to work the mines; that Dubuque asked and the Governor of Louisiana granted, nothing more than the "peaceable possession of certain lands obtained from the Indians; that Carondolet had no legal authority to make such a grant as claimed, and that, even if he had, this was but an "inchoate and imperfect title."

Girard. In 1795, the Lieutenant Governor of Upper Louisiana granted to Basil Girard five thousand eight hundred and sixty acres of land, in what is now Clayton County, known as the "Girard Tract." He occupied the land during the time that Iowa passed from Spain to France, and from France to the United States, in consideration of which the Federal Government granted a patent of the same to Girard in his own right. His heirs sold the whole tract to James H. Lockwood and Thomas P. Burnett, of Prairie du Chien, for three hundred dollars.

Honori.-March 30, 1799, Zenon Trudeau, acting Lieutenant Governor of Upper Louisiana, granted to Louis Honori a tract of land on the site of the present town of Montrose, as follows: "It is permitted to Mr. Louis (Fresson) Honori, or Louis Honore Fesson, to establish himself at the head of the rapids of the River Des Moines, and his establishment once formed, notice of it shall be given to the Governor General, in order to obtain for him a commission of a space sufficient to give value to such establishment, and at the same time to render it useful to the commerce of the peltries of this country, to watch the Indians and keep them in the fidelity which they owe to His Majesty."

Honori took immediate possession of his claim, which he retained until 1805. While trading with the natives he became indebted

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