Treaty with Potawatomi at Yellow River
8/5/1836
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This is the treaty between the United States and the Potawatomi Indians, signed at Yellow River, Indiana.
After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
In 1871, Congress passed the Indian Appropriations Act, which suspended all further treaties with Native governments. After that time, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, and decisions of the Federal Courts. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
In 1871, Congress passed the Indian Appropriations Act, which suspended all further treaties with Native governments. After that time, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, and decisions of the Federal Courts. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
Transcript
Andrew Jackson,President of the United States of America.
To all and singular to whom these presents shall come,
Greeting:
Whereas a Treaty was made and concluded, at a Camp near Yellow river, in the State of Indiana, between Abel I. Pepper, Commissioner on the part of the United States, and Pe-piw-a-waw, No-Taw-kah and Mac-kah-tah-mo-ah, Chiefs and Headmen of the Potawattamie Tribe of Indians, and their bands, on the fifth day of August, thousand eight hundred and thirty-six. Which Treaty is in the words following, to writ:
Articles of a treaty made and concluded at a camp near Yellow river, in the State of Indiana, between Abel C. Pepper, commissioner on the part of the United States and Pe-pin-a-waw, No-taw-kah & Mac-kah-tah-mo-ah, chiefs and headmen of the Potawattimie tribe of Indians, and their bands on the fifth day of August in the year eighteen hundred and thirty-six.
ARTICLE 1.
The above named chiefs and headmen and their bands hereby cede to the United States twenty two sections of land reserved for them by the second article of the treaty between the United States and the Potawattimie tribe of Indians on Tippecanoe river, on the twenty-sixth day of October in the year eighteen hundred and thirty-two.ARTICLE 2.
In consideration of the cession aforesaid, the United States stipulate to pay to the above named chiefs and headmen and their bands, the sum of fourteen thousand and eighty dollars in specie after the ratification of this treaty, and on or before the first day of May next ensuing the date hereof.ARTICLE 3.
The above named chiefs and headmen and their bands agree to remove to the country west of the Mississippi river, provided for the Potawattimie nation by the United States within two years.ARTICLE 4.
At the request of the above named band it is stipulated that after the ratification of this treaty, the United States shall appoint a commissioner, who shall be authorized to pay such debts of the said band as may be proved to his satisfaction to be just, to be deducted from the amount stipulated in the 2nd article of this treaty.ARTICLE 5.
The United States stipulate to provide for the payment of the necessary expences attending the making and concluding this treaty.ARTICLE 6.
This treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding upon both parties.In testimony whereof, the said Abel C. Pepper, commissioner as aforesaid, and the said chiefs, and headmen, and their bands, have hereunto set their hands, this fifth day of August, in the year of our Lord one thousand eight hundred and thirty-six.
A. C. Pepper,
Pee-pin-ah-waw, his x mark,
No-taw-kah, his x mark,
Te-cum-see, his x mark,
Pam-bo-go, his x mark,
Mup-paw-hue, his x mark,
See-co-ase, his x mark,
Co-quah-wah, his x mark,
Mack-kah-tah-mo-may, his x mark,
Wi-aw-koos-say, his x mark,
Quah-taw, his x mark,
Kaw-kawk-kay, his x mark,
Pis-saw, his x mark,
Nas-waw-kay, his x mark,
Witnesses:
J. B. Duret, secretary,
E. O. Cicott,
Geo. W. Ewing,
Jos. Barron, interpreter.
Proper chiefs of the Wabash Patawattamies:
Pash-po-ho, his x mark,
I-o-wah, his x mark,
O-kah-maus, his x mark,
Jo-quiss, his x mark,
We-wis-sah, his x mark,
Nas-waw-kah, his x mark,
Ash-kum, his x mark,
Ku-waw-nay, his x mark,
Nu-bosh, his x mark,
Pah-siss, his x mark,
Mat-chis-saw, his x mark,
Mas-saw, his x mark,
Me-shaw-ki-to-quah, his x mark,
Now, therefore, be it known, that I, Andrew Jackson, President of the United States of America, having seen and considered the said Treaty, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the sixteenth day of February, one thousand eight hundred and thirty-seven, accept, ratify, and confirm the same, and every clause and article thereof.
In testimony whereof, I have caused the Seal of the United States to be hereunto affixed, having signed the same with my hand.
Done at the City of Washington, this eighteenth day of February, the year of our Lord one thousand eight hundred and thirty seven, and of the Independence of the United States the sixth first.
Andrew Jackson.
By the President.
John Forsyth Secretary of State
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 12013260
Full Citation: Treaty between the United States and the Potawatomi Indians at Yellow River, Indiana; 8/5/1836; Ratified Indian Treaty 208: Potawatomi - Near Yellow River, Indiana, August 5, 1836, 1722 - 1869; Indian Treaties, 1722 - 1869; General Records of the United States Government, Record Group 11; National Archives Building, Washington, D.C.. [Online Version, https://docsteach.org/documents/document/treaty-potawatomi-yellow-river, March 15, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
