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The History of
Genesee County, MI Online Edition by Holice, Deb & Clayton |
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RESERVATIONS TO INDIVIDUALS.
The difficulties of carrying into effect the provisions of the treaty
of Saginaw, 1819, so far as they affected Genesee county, arose from
disputes as to the identity of the persons for whose use the reservations,
"at or near the Grand Traverse of the Flint," were made. There were eleven of these. There were surveyed by the government in
the early part of 1820, and the survey showed each reservation with the
name of the person for whom it was reserved. Six of these were located
along the north side of the river, each of six hundred and forty acres.
They were irregularly bounded, by the river on the south, the other three
bounds were right lines, but not parallel. They were numbered from east to
west: Number one, for Taw-cum-e-go-qua, number two, for Meta-wa-ne-ne;
number three, for Annoketoqua; number four, for Sagosequa; number five,
for Nondasheshemau; number six, for Messawawkut. The five reserves south
of the river were similarly surveyed, with the river for their northern
boundary, and numbered from east to west: Number seven, for Nowokozhik;
number eight, for Mokitchenoqua; number nine, for Che-balk; number ten for
Petabonequa; and number eleven, for Kitchigeequa. These were al the Indian
names; those ending in "qua" are feminine, the others masculine.
All the persons named were, by the treaty, to be "Indians by
descent," words which would seem to be unequivocal and quite
incapable of misapplication. To treat these various reserves seriatim: Number one, for the use of
Taw-cum-e-go-qua, was the subject of long and strenuous litigation, the
issue of the dispute depending on the identity of the Indian woman,
Taw-cum-e-go-qua. Two Indian women were brought forward, each as the
person so named in the treaty. One of these was a girl, of tender age at
time of the treaty of 1819. She was the daughter of sub-chief Mixenene and
was present at the treaty with her father and his family. She was also a
niece of Ne-o-me, the head chief. Being a full-blooded Indian, she came
within the treaty provision. She lived with her parents on the reservation
at Pewonigowink until she grew to maturity and married an Indian by the
name of Kahzheauzungh. They had three children. In 1841, she sold her
interest in the reservation to John Barlow and Addison Stewart and later
their rights passed by certain conveyances to George H. Dewey and Rufus J.
Hamilton. Of all the claims put forth by various persons to the Indian
reserves, theirs seemed the best. They had acquired by purchase the title
from an Indian woman who it was conceded bore the name for which the
reserve was made. She was an Indian by descent. Her relationship was such
with the ruling chiefs who made the treaty, that she was the logical
person for whom such provision would naturally be made. Even with all these equities, the title of Dewey and Hamilton was
tested. A trader by the name of Bolieu, the same who was called Kassaqaua
by the Indians, and who figures in one of the romantic tales, had married
an Indian wife, and their daughter, Angelique Bolieu, whose Indian name
was said to be Tawcumegoqua, was claimed to be the true beneficiary of the
first reserve. She had been sent to a school and educated, and afterwards
married a man named Coutant, by whom she had two children, a son and a
daughter. Her husband dying, she married Jean Baptiste St. Aubin. She was
of middle age, and married, when the treaty was made in 1819, and she died
about eight years after that date, leaving her two children. she had never
had possession of the reserve, although it was said she had claimed it as
her property. After her death, her two children, Simon Coutant and
Angelique Coutant Chauvin, conveyed the reservation to Joseph Campau of
Detroit. This was in October, 1833. In 1839, another deeds were made in
confirmation of these deeds of 1833, and Joseph Campau, claiming the
reserve, took possession by placing tenants on the same. A patent was
issued to Campau by the United States government. These two conflicting claims to the reserve came into court on a suit
by Dewey and Hamilton against Campau. At the first trial, Campau was
successful. The case then went to the supreme court, where it was
affirmed. This case was determined on a technical defect in the deed and
the merits involved were not decided. Dewey and Hamilton then secured
other deeds that obviated the technical defects and another suit was
begun, which was transferred to Saginaw county for trial because of the
influences that might operate in Genesee county to prejudice the jury. The
growth of population in flint, which had become a city before the suit was
instituted, made the reserve a tempting prize. The best legal talent of
the state appeared for the litigants. Moses Wisner, (at one time governor
of Michigan, the father of the late Judge Wisner of Flint), M. E. Crowfoot
and J. Moore, represented Dewey and Hamilton. S. t. Douglass, W. M.
Fenton, J. G. Sutherland and Chauncey P. Avery were attorney for Campau.
The trial of this suit at Saginaw in1860 resulted in a verdict to the
effect that Tawcumegoqua, daughter of Mixenene, was the person of that
name for which reserve number one was intended, and that Dewey and
Hamilton, who had acquired her rights in the same, were the owners of it
and entitled to its possession. This suit went to the supreme court and the decision of that court, in
the Ninth Michigan Report at page 381, et seq., contains a great
deal of historical interest. "Evidence was adduced," says the
Reporter, "tending to prove that at the time of the treaty of
Saginaw, and for many yeas prior and subsequent thereto, a band of
Chippewa Indians resided at the village of Pewonigowink, on the flint
river, and about ten miles below the Grand Traverse of that river, in the
place where the present city of Flint is located; that during all the time
referred to, Me-o-me was the chief of this band; that Tonedogane was the
principal warrior, or second chief of the band. And succeeded Neome in the
chieftianship on his decease; that one Mixenene was also a member of this
band, and a brother of Neome, and that Mixenene had a daughter named
Tawcumegoqua, who was about six years of age at the time of the treaty,
and was a member of Neome's family; that Neome also had three
children--two females, Segosaqua and Owanonaquatoqua, the former about ten
or twelve years old at the time of the treaty, the latter a woman grown,
and one boy, Ogibwak, who was about fifteen years of age, and a grandson,
Metawanene; that all the children named were full blood Indian children;
that at the time referred to, jacob Smith had a store near the Grand
Traverse of the Flint river, in which he carried on trade with the Indians
of that vicinity, and was a man of considerable influence among them; that
Neome, his children and said grandchild, and his band, including
Tonedogane and also Mixenene and his little daughter Tawcumegoqua, were
present at the treaty; that on the night prior to the last council, at
which the treaty was read over, agreed to and signed, Jacob Smith came to
Neome's tent and advised him to get special reservation of land for his
children and promised to assist him in doing so; that at the grand council
held the next day between the Indians and General Cass, Neome came forward
before General Cass, with his three children, Owanonaquatoqua, Sagosaqua
and Ojibwak, and said grandchild Metaquanene being with him, and jacob
Smith standing by his side, and asked for reservations of land for these
children; that General Cass assented, and that the names of the children
were written down, and that it was talked of and understood at the treaty
that these children got special reservations of land; * * * for that
thirty years or more, subsequent tot he treaty, Neome's band continued to
reside at Pewonigowink, upon the reservation described in article 2 of the
treaty as 'one tract of five thousand seven hundred and sixty acres upon
the Flint river, to include Rheaume's (Neome's) village, and a place
called Kishkawbee'; and that during a portion of this time the Indian
children above named, including Tawcumegoqua, resided with the band upon
this tribal reservation, and a portion of the time Tawcumegoqua, with her
family, and another family of said band, resided on the premises in
question." The court affirmed the judgment of the court below, and so
the verdict of the jury giving the land to Dewey and Hamilton stood. The
result appears to have been eminently just. Reservations numbers two, three, four, five and six, which were
reserved for the following persons, "all Indians by descent."
Respectively, Medawanene, Annoketopqua, Sagosequa, Nondasheman, and
Messew-wakut, were the subject of litigation. The names Metawanene,
Nondasheman, and Messaw-wakut are masculine, and the names Sagooequa and
Annoketoqua are feminine names, so it might very reasonably be assumed tht
numbers two, five and six were for males and numbers three and four for
females. At least to the lay mind, to use the language of a Connecticut
judge, "in the absence of judicial construction the writing would be
held to mean what I says." In the case of these reservations,
unfortunately, litigation arose, leading to judicial construction, with
the following results: Jacob Smith, the trader, who had so actively aided Cass in bringing
about the treaty of Saginaw, soon after the treaty built a log storehouse
for his trade. The site of this trading post was in the fifth ward near
the corner of Lyon street and First Avenue and not far from the present
situation of the office of the Durant-Dort Carriage company. Smith had
been at the Grand Traverse of the flint for some years previously to the
treaty. In1860 his home was in Detroit at the corner of Woodward avenue
and Woodbridge street, and his white family continued to live in Detroit
until after his death. He, like other traders, doubtless had his trading
post at the most convenient place for communication with the Indians with
whom he traded--that is, on the Flint river where the grand trail crossed
it. His residence there can only be regarded as temporary, governed by the
exigencies of his traffic with the Indians. He had during his stay there
formed a strong friendship with the Chief Neome, who lived at the Mus-cat-a-wing,
or the Grand Traverse of the Flint, in the early days of the nineteenth
century, but who had move down the river to "Neome's town," in
the present town of Montrose, some time before the treaty in 1819. The
usual reference made by writers of local history to Smith's settlement at
Flint, places the date immediately after the treaty. The fact is that he
had a trading post there before that date, probably as early as 1810, and
that he never settled there in the sense of becoming a permanent resident.
He kept his family in Detroit and sojourned on the Flint for the purpose
of traffic with the Indians; in 1819, he built a lot trading store, of a
more substantial character than his previous tore of which we have no
record except the deduction that during several years trading he must have
had some place suitable for his business. His log store was built before
the reservations there were surveyed, and when surveyed, the one numbered
two, for Metawanene, included the site of his building. His store was
built at the fort of the trail where the grand trail from Detroit after
its Grand Traverse of the Flint separated into two trails, one going down
the right bank of the river to Saginaw, and the other following the more
direct route to Mt. Morris, Pine Run, Birch Run and Saginaw. It was a central point and especially favorable for trade with the
surrounding Indians. There smith continued to remain and trade with the
Indians, his family being in Detroit. In 1822 his mother and sister were
with him, for a time at least. He continued to have friendly relations
with ne-o-me and the Indians generally. At the time smith built his log
house in 1819, another trader, a Frenchman by the name of Baptiste Cochios,
was also located there in trade. The friendly relations between him and
smith continued until Smith's death. An Indian boy, An-ne-me-kins, called
"Jack" by the whites, also lived with Smith a considerable part
of the time. Ephraim S. Williams, of Flint, whose knowledge of the matter
makes his statement of high authority, says: "He (Smith) lived there
[at Flint] during the trading season, making occasional visits to his
family in Detroit. In 1825 he died, from neglect as much as form disease,
at his trading post, after a lingering and pitiable sickness. A
good-hearted Frenchman, by the name of Baptiste Cochios, who was with him
upon the trading ground in 1819 and was himself an Indian trader, having
his posts upon the Flint and on the Saginaw, performed for the brave bur
unfortunate man the last sad rites of humanity. An Indian lad who had
lived with Smith for several years and who attended him in his sickness,
was the only household mourner--a few Indians gathered in mournful groups
about the grave as the remains of the unfortunate man were committed to
the earth. Ne-o-me was there, his trusty and reliable friend, mute with
grief. With that feeling of gratitude which belongs to the Indians
character, and which takes rank as a cardinal virtue in their untutored
minds, the Indians proved true and faithful throughout his sickness to the
last. The brave, warm-hearted, generous Indian trader, Jacob Smith, the
earliest white pioneer upon the Saginaw and the flint, lingered and died
in a sad condition and, but for the good Cochios and his Indian
assistants, would have gone to his grave uncoffined. With in a few days
after his decease, his son-in-law, C. S. Paine, came from Detroit to the
trading house, which had so recently been the scene of such long,
unrelieved suffering, and gathered up most carefully and carried away the
few poor remnants of the earthly store left by the noble-hearted Indian
trader. Sa-gos-e-wa-qua, the daughter of Ne-o-me, in recounting this
history, expressed herself with a sententious brevity peculiar to the
Indians, which is worth recording; it points to a moral if it does not
adorn a tale: 'When Wah-be-sins (Smith) sick, nobody come; him sicker and
sicker, nobody come. Wah-be-sins die, little tinker cone and take all him
blankets, all him cattle, all him things.' Neome soon followed his friend,
Wah-be-sins, tot he spiritland, he died in 1827, at the tribal home, a few
miles above Saginaw city, faithfully attended through a long and severe
sickness by his children and relatives, enthroned in patriarchal
simplicity in the hearts of his people, beloved and mourned." At the time of his death Smith had a family in Detroit, consisting of a
son, Albert J. Smith, and four daughters, Harriet M. Smith, Caroline
Smith, Louise L. Smith and Maria G. Smith. Soon after the death of Smith,
Major Garland, the husband of one of these daughters, took possessions of
the place where Smith had had his post, and made claim in behalf of the
heirs to the title of the five reservations from 2 to 6 inclusive, his
claim being that the Indian names of the persons for whom these
reservations were made were the names of these children of the trader;
that Metawanene, the owner of the second reserve, did not mean the
grandson of chief Neome, an "Indian by descent," but it meant
Albert J. Smith, the white son of Jacob Smith the trader; that Annoketoqua
did not mean the daughter of Ne-o-me by that name, an Indian by descent,
but it meant the daughter of Smith, of Detroit, a white woman; that
Sagosaqua, the daughter of Ne-o-me, an Indian by descent, was not intended
as the beneficiary of reserve number four, but that the real Sagosaqua was
another white daughter of the trader in Detroit; that Nondasheman, a man's
name, did not mean any man at all, but it meant the white daughter of
Smith at Detroit; the sixth reserve, for Messaw-wakut, a male Indian by
descent, also meant another white daughter of Smith. It was claimed that
the Indians who had visited Detroit had given these names to the children.
Such occurrences were not uncommon, but this casual use of such names by
individual members of a tribe was not equivalent to adoption, which was a
matter of ceremony and an act of the tribe. Only formal adoption by act of
the tribe in its collective capacity could gibe any tribal rights and, in
the language of the whites, such adopted member probably could not be
called an "Indian by descent." The great demand for lands in the vicinity beginning in the early
thirties gave the five square miles involved a prospective value to which
the claimants were fully alive. In 1839, Albert J. Smith came on and took
actual possession of the lands in question for himself as reserve in
number two, and for his three sisters then living and for the heirs of the
one who had died. They claimed, and asserted, ownership of the same, and
at the next session of congress they brought the matter before that body,
asking its authority for grants of the five reserves to the children of
Smith. Their claim was based upon the services of the trader at the treaty
of Saginaw, the successful termination of the same being attributed
largely to these services. The following is an excerpt from their petition
to congress: "Although the reservations intended for your memorialists under
the treaty of Saginaw have been partially occupied under them, and always
known and acknowledged as being intended for them, yet they never have
received or obtained such a title from government as would authorize them
to sell or convey any portion of the said lands, in consequence of their
having been embraced--unintentionally, as your memorialists believe--among
the number of reservations intended for persons being 'Indians by
descent'; owing to which the general land office has not felt authorized
to issue patents for the said land in the name of your memorialists." The claimants had, in January, 1835, procured a certificate signed by
ten of the one hundred and fourteen Indian signers of the treaty. Of the
obtaining of this certificate from Ephraim S. Williams, of flint, gives
the following account: "This document being an important one, it is given here entire.
Without it the heirs of Smith could never have obtained titles to their
lands, for the government had refused for years to grant them; and many,
even members of Congress, in those days doubted the right of congress to
pass an act to set aside the treaty of 1819 and grant these lands to
others than persons of Indian descent. Many persons have thought that
Congress might as well pass an act to grant one man's farm to another. All
those acts were a violation of the granted rights of the treaty of 1819. |
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History of Genesee
County, Michigan, Her People, Industries and Institutions |
Transcribed by Holice B. Young
HTML by Deb
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