In early 1837, the Commissioner dispatched a trusted investigator, Major Ethan
Allen Hitchcock, to evaluate the situation. He reported that water-power sites and locations
for dams and impoundments along the streams in the pinery region, vital for timbering, were
few in number. Hence, unregulated, the American Fur Company’s successors could quickly obtain
exclusive control of timber resources, which would block broader development of the region.
From Fort Snelling, Agent Taliaferro reinforced Hitchcock’s reports, emphasizing—so he claimed—the
opposition of these entrepreneurs to government interests and the growing antagonism of the
Chippewa to them. Later, Wisconsin’s territorial governor, Henry Dodge, expressed additional
reasons for defining a serious threat in the efforts of this cabal: they were, he charged,
loyal to British interests.
22 Thus, in
addition to the concern with maintaining the government’s ascendancy in managing Indians and
the need to pro mote extraction of pine timber vital for regional development, two Jacksonian
specters hovered over the preliminaries to the Chippewa’s first land cession: the threats
of private monopoly and of increased British incursions into the economy of the Northwest
frontier. Underneath, however, the real threat was one of old-resident, locally influential
individuals to the established Democratic patronage system, interests that threatened the
flow of political benefits to the faithful. In May, 1837, Governor Dodge received instructions
for this first Lake Superior Chippewa land sale. Therein the Commissioner of Indian Affairs
narrowly emphasized to him the importance of acquiring the pine lands but forbade recognition
of any existing private leases for lumbering, which in the end only provoked a land-rush for
key sites even before the treaty was ratified (
Fig.1).
23
Although a comprehensive national removal policy was then being implemented, no
hint of such a provision was contained in these instructions or expressed during actual negotiations.
On the contrary, Governor Dodge was directed to press for use of the proceeds for long-term
local Chippewa social and economic development on their remaining lands in Wisconsin and Minnesota
and to determine whether the western Chippewa bands would allow the United States to resettle
the Ottawa and Chippewa of Michigan among them. From the perspective of Washington and the
officials of Wisconsin Territory, there was yet no need to bring about the dislocation and
westward “removal” of these Chippewa bands. Instead, they were expected eventually to resettle
voluntarily among their kin to the north and west.
24
Practical arrangements for this parley created immediate and long-range problems.
Since the Lake Superior Chippewa had been in an administrative never-never land (their villages
were located between and remote from the Indian agencies at Sault Ste Marie and Fort Snelling),
they had never been effectively served by any Indian agent.
25
The latter place was convenient to Governor Dodge’s offices in Mineral
Point, close to the Mississippi River traffic-way in extreme southwestern Wisconsin. But his
selection of Fort Snelling as the treaty grounds placed arrangements for the meeting in the
energetic hands of Agent Taliaferro. Taliaferro was rarely slack in promoting the interests
of Indians within his jurisdiction— in this instance the Chippewa bands of the Upper Mississippi—nor
reluctant to thwart the influence of his rival at the Mackinac Island-Sault Ste Marie Agency,
Henry R. Schoolcraft. Thus from the start, the Mississippi bands, only a small fraction of
whose lands were involved in this negotiation, were administratively much favored. The second
cluster of Chippewa involved were from bands on the Lake Superior shoreline, and none of their
lands were ceded that year. Lastly came the interior Wisconsin Chippewa of the Mississippi
Rivers eastern watershed, whose lands were on the block that summer. These interior bands
did not receive an official announcement of the treaty, and few of their leaders arrived at
Fort Snelling in time to participate in or benefit immediately from the arrangements. This
happened because neither of the two newly appointed sub-agents dispatched to carry word of
the meetings—Miles M.Vineyard from Crow Wing above Fort Snelling and Daniel P. Bushnell from
La Pointe—visited the interior Wisconsin bands. Indeed, a year later Bushnell still hardly
knew the locations of the bands he served or the boundaries of his sub-agency.
26
Although in earlier treaties the Chippewa had been identified as a “tribe,” the
treaty sought at the confluence of the Mississippi and St. Peter’s rivers in July 1837, was
negotiated with a new, American-conceived political-administrative fiction, the “Chippewa
Nation.” The use of “nation” did not denote any sense of political sovereignty. Instead it
was used as a means of dealing with the several Chippewa bands collectively. This novel appellation
allowed American authorities to negotiate with some of their delegates as if they represented
all and to treat the whole of the lands they occupied as a “national” estate, a concept alien
to traditional Chippewa thinking. But while the leaders from the bands on the Lake Superior
shore demurred, on the principle that the tract being ceded were not theirs to sell, the powerful
chiefs from the Mississippi bands made no attempt to disabuse American negotiators of this
misconception. Indeed, since they had little to lose and much to gain, they dominated the
proceedings, intimidating their kin from east of the Mississippi. The few leaders from interior
Wisconsin, whose lands were being disposed of, arrived late and scarcely raised their voices.
27
On the American side of the conference table, although instructed to obtain
an outright sale of the whole region, Governor Dodge repeatedly said he wanted only
control of the pine forests. Recognizing an opening when they saw it, the Chippewa instructed
their official speakers, Megegabow (The Trap) and the elder Bugonageshig (the elder Hole in
the Day) in their reply.
28 On July
27, Magegabow, in flowery words embellished by symbolic gestures, tried to communicate the
Mississippi bands’ chiefs’ interim negotiating position. The Chippewa, he proclaimed, would
sell the particular lands wanted by Americans, but they wished “to hold on to a tree where
we get our living, & to reserve the streams where we go to drink the water that gives us life.”
The Secretary recording these debates, Verplanck Van Antwerp, was nonplused, noting in the
margin of the minutes, “This of course is nonsense. . I presume it to mean that the Indians
wish to reserve the privilege of hunting, fishing, etc. on the lands.” Clearly, this was not
the American intention. Just as clearly, the Chippewa leaders understood their adversaries’
aims of acquiring clear ownership of the whole tract. Meanwhile, Magegabow continued, laying
an oak bough on the table before Governor Dodge and saying, this is “the tree we wish to reserve.
. It is a different kind of tree from the one you wish to get from us.”
29
Although these Mississippi bands’ spokesmen had no direct interest in the lands
being sold, they were declaring their willingness to sell pinelands (useless to them) and
their desire to reserve from the sale the deciduous forests and the waterways, which were
of particular value to the interior Chippewa as the game-poor coniferous forests were not.
Certainly the Mississippi bands’ leaders understood the American aim to purchase the use and
occupancy rights to the whole region out right, for the governor had repeatedly explained
this both before and after Magegabow’s speech. What they were doing was hedging, inserting
a qualification into the official record, one they could later use to dodge undesirable ramifications
of the agreement or to reopen negotiations.
30
The participating Chippewa finally ap proved an outright
sale of the whole tract. Notably, no mention of removal from the lands was inserted into the
agreement; neither had there been any discussion of this matter. Instead, the treaty awarded
the Chippewa the temporary privilege of residing on and taking their subsistence from the
habitat ceded, “during the pleasure of the President.” With these words the Senate delegated
to the executive branch the necessary authority to determine when, in the future, Chippewa
rights to occupy and to exploit the pine lands should end. Certainly, the Chippewa, at the
time, construed these expressions to mean a very long time. Since they could see few Americans
in their lands and since it was to be years before their basic adaptations were much disturbed
by aliens there, they had no reason to think otherwise. Indeed, American officials at the
time expressed no definite ideas about when this privilege would be withdrawn. However, an
eyewitness to the negotiations recorded a foreboding judgment about the “pleasure of the President”
phrasing, not about the timing, but about the way this privilege would ultimately be withdrawn.
Writing to his superior in Boston, missionary W. T. Boutwell predicted “trouble with the Chipys.
before five years should they attempt to remove them . . . the Inds. have no idea of leaving
their country while they live—they know nothing of the duration of a man's pleasure.”
31
An experienced observer of Chippewa ways, Boutwell was commenting on several social
facts. The scattered, politically decentralized Chippewa, especially those in Wisconsin, would
not feel themselves bound to contracts made by distant chiefs not their own, and they would
likely resist a later order to abandon the ceded lands issued by any remote authority figure
such as the President. But so far as American authorities were concerned, a firm agreement
had been reached: the lands wanted had been acquired by outright purchase, while continued
Chippewa use of the area was im permanent. So, too, were realized certain of the “expectations”
expressed by Flat Mouth the previous year. Those Chippewa at the treaty grounds received a
modest amount of goods, and the bands later got the benefits of a substantial twenty-year
term annuity. For a time the annual payments—whether goods or money—were shared among some
of the constituent bands of the fictive “Chippewa nation,” especially those from the Upper
Mississippi and from interior Wisconsin. Although few of the latter had participated in the
negotiations, after protesting the next year, they finally accepted the treaty’s terms when
assured they would share in these annual payments.
32
The Lake Superior shoreline bands, however, by their own choice were excluded
from the annual compensation. Nonetheless, a few of the latter were soon issuing complaints
like those of Flat Mouth in 1836, expressing envy of those bands who were receiving
payments from the United States and indicating a disposition to sell additional lands in exchange
for annuities. Some American authorities, too, were concerned with this disparity, particularly
because the lakeshore Chippewa still regularly visited British posts to receive “presents,”
stipends supposedly “5 times” greater than the annual per capita payments from the 1837 treaty.
33
Meanwhile, in the interior, the lumber rush was on. Hardly had the treaty been signed
when the old resident entrepreneurs, whose maneuvers had helped precipitate the cession in
the first place, flooded into the pine lands, there preempting prime mill sites and timber
tracts well before the treaty's ratification, land surveys, or public sales. The resentments
of Lake Superior-shore Chippewa were exacerbated by a decision reached by American authorities.
Although the large, long established traders lobbied for Fort Snelling or—ominously—Sandy
Lake, as the point of distribution for annuity goods, and while the Chippewa recipients themselves
preferred several locations convenient to their Villages, the Office of Indian Affairs fixed
on La Pointe as the one place where the Chippewa had to gather yearly to take delivery of
their treaty dividends. There fore, for several years the lakeshore bands had to stand by
and watch as those from the west and south assembled amidst them to receive payments. Certainly,
significant parts of the goods and money delivered initially to the visiting Chippewa delegations
quickly flowed, through long-established kin ties and reciprocal exchange networks, into the
hands of the Lake Superior hosts. But this could not have satisfied the chiefs of the lakeshore
villages, who witnessed their counter parts, especially the notably imperious and ostentatious
leaders of the Mississippi bands, receive recognition and rewards denied to them. Thus more
fuel was added to a growing discord, which soon pitted all Wisconsin Chippewa against those
from the Upper Mississippi.
34
However, at the time, no one recognized the truly hazardous economic transformation
then emerging. For many decades, these Chippewa, as specialized winter trappers, had been
involved in flexible, personalized, predictable exchange Relationships with individual traders.
Now they were collectively dependent on a complex, ill-organized, impersonal federal appropriation-purchase-transportation-accounting-delivery
system, a cumbersome arrangement that rarely brought payments due to a place on a date compatible
with their own seasonal subsistence work. Over the next decade the Chippewa learned that this
system seldom worked satisfactorily: long delays and interference in late fall wild-rice gathering
and winter hunting, not to mention the costs of long distance travel to the payment grounds,
were the rule.
Wisconsin Academy of Sciences, Arts and Letters
3