Treaty of Washington (1836) with the Ottawa and Chippewa
The 1836 Treaty of Washington had the Ottawa and Chippewa cede a large tract of Michigan, keeping reservations for five years.
- Signed
- March 28, 1836
- Senate
- Ratified
- Land given up
- about 25 million acres
What happened
What happened
On March 28, 1836, Henry R. Schoolcraft, commissioner for the United States, signed a treaty at Washington with the Ottawa and Chippewa nations, through their chiefs and delegates. Article 1 ceded all the country within boundaries running from the mouth of Grand River on Lake Michigan to Thunder Bay and Lake Huron and along the straits and the St. Mary's River to Lake Superior. It covered all lands and islands within those limits not reserved. The treaty states no total acreage.
Article 2 reserved tracts to be held in common for five years from ratification, "and no longer," unless the United States permitted a longer stay. They included 50,000 acres on Little Traverse Bay, 20,000 on Grand Traverse Bay and 70,000 at or north of the Pierre Marquette River. Article 4 pledged a $30,000 annuity for twenty years, with money for schools, missions, tools and medical care. It also promised $150,000 in goods and provisions on ratification. Article 5 set $300,000 for the nations' debts, and Article 6 set $150,000 for relatives of Indian descent.
Article 8 said that when the Indians wished, a deputation would choose a final home southwest of the Missouri River, and the United States would remove them at its expense. In Article 13 the Indians kept a right to hunt on ceded lands until the land was required for settlement. The treaty was proclaimed on May 27, 1836.
Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
for the term of five years from the date of the ratification of this treaty, and no longer
Treaty of Washington with the Ottawa and Chippewa, 1836 (OSU Tribal Treaties Database)The Indians stipulate for the right of hunting on the lands ceded
Treaty of Washington with the Ottawa and Chippewa, 1836 (OSU Tribal Treaties Database)one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay
Treaty of Washington, 7 Stat. 491 (govinfo)
Research notes. The page gives no total acreage for the cession. The cited sources do not describe the Senate's changes to the treaty or its later use in court. The OSU page also shows a supplementary article signed March 31, 1836.
What the treaty did to the land
About 25 million acres given up. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
ceded to the United Statesabout 25 million acres
Land of the Chippewa and Ottawa in Michigan, ceded 1836 (area 205)
Ceded by the Ottawa and Chippewa in the 1836 Treaty of Washington, giving up northern Michigan.
Linked to this treatyabout 110,000 acres
Land of the Chippewa and Ottawa in Michigan, recorded 1836 (area 207)
Linked to this treatyabout 22,000 acres
Land of the Chippewa and Ottawa in Michigan, recorded 1836 (area 206)
What happened next
Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.
- 1836
This treaty
About 25 million acres ceded to the United States by the Chippewa and Ottawa
The 1836 Treaty of Washington had the Ottawa and Chippewa cede a large tract of Michigan, keeping reservations for five years.
- 2014
In court
Michigan v. Bay Mills Indian Community
Tribal sovereign immunity barred Michigan's suit to shut down a casino the Bay Mills Indian Community opened on off-reservation land.
The law behind it
The legal ideas behind the decisions, and related records without a date. Court cases and laws with a date are in what happened next, above.
Legal doctrine
gaming
After California v. Cabazon (1987) barred California from regulating tribal bingo, Congress passed the Indian Gaming Regulatory Act in 1988.
Legal doctrine
land into trust
Land into trust is the process by which the United States holds land for a tribe or Indian, using Interior's IRA section 5 authority.
Legal doctrine
sovereign immunity
Courts treat Native nations as immune from most lawsuits unless Congress clearly ends that protection or the nation waives it.
Who is doing the work today
The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.
Who is doing the work
This history belongs to living nations. Start with them:
- Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin
- Bay Mills Indian Community
- Chippewa Cree Indians of the Rocky Boy's Reservation, Montana
- Grand Traverse Band of Ottawa and Chippewa Indians, Michigan
- Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin
- Lac du Flambeau Band of Lake Superior Chippewa
- Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan
- Little Shell Tribe of Chippewa Indians of Montana
Working with these nations
- Great Lakes Indian Fish and Wildlife Commission (GLIFWC) Nation government Ojibwe treaty rights in ceded territories, natural resource stewardship, manoomin, and a Land Conservancy program… Give on their site Website
- Honor the Earth Native-led Pipeline resistance, sovereignty, energy justice Give on their site Website
- White Earth Land Recovery Project (WELRP) Native-led Recover the original White Earth reservation land base Give on their site Website
- Native Land Conservancy (Massachusetts) Native-led Native-led land conservation Give on their site Website
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- digitreaties.org/treaties/treaty/198249818reference work
Research notes
Acreage approx. 13.8 million. Senate amended the treaty; tribal acceptance of amendments contested; basis for the 2000 Consent Decree on fishing rights.
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.