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Great Lakes / Old NorthwestTreaty

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
The land in this treaty’s record. Open on the map

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.

  1. for the term of five years from the date of the ratification of this treaty, and no longerTreaty of Washington with the Ottawa and Chippewa, 1836 (OSU Tribal Treaties Database)
  2. The Indians stipulate for the right of hunting on the lands cededTreaty of Washington with the Ottawa and Chippewa, 1836 (OSU Tribal Treaties Database)
  3. one tract of twenty thousand acres to be located on the north shore of Grand Traverse bayTreaty 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.

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.

  1. 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.

  2. 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:

Working with these nations

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. 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.