Treaty of Washington (1836)

Treaty of Washington (1836), also known as the Treaty with the Ottawa and Chippewa, was a pivotal agreement signed on March 28, 1836, between the United States and the unified bands of the Ottawa and Chippewa (Ojibwe) nations. Negotiated by Indian agent Henry Schoolcraft, the treaty secured the cession of a vast territory comprising the northwestern lower peninsula and eastern upper peninsula of modern-day Michigan. In exchange, the tribes retained specific reservation lands and were promised annuities, goods, and services, though its implementation became a source of long-term conflict and displacement.

Background and Context

In the early 19th century, the Michigan Territory was a focal point for American expansion following the War of 1812 and the preceding treaties like the Treaty of Greenville and the Treaty of Saginaw. The discovery of valuable resources, particularly copper on the Keweenaw Peninsula, and the desire for statehood increased pressure on federal officials to acquire Native American lands. President Andrew Jackson's policy of Indian removal, exemplified by the Indian Removal Act of 1830, created a national context for such land cessions. The Ottawa and Chippewa peoples, who had long inhabited the region around the Straits of Mackinac, Grand River, and Lake Michigan, faced increasing encroachment from settlers and miners. The territorial governor, Stevens T. Mason, and officials in Washington, D.C., viewed a comprehensive treaty as essential for clearing title to the land and facilitating Michigan's path to statehood, which was achieved in 1837.

Negotiations and Signatories

The primary U.S. negotiator was Henry Schoolcraft, the federal Indian agent at Sault Ste. Marie and a renowned ethnologist married to Jane Johnston Schoolcraft, who was of Ojibwe and Scottish descent. The treaty councils were held in the capital, Washington, D.C., a significant distance from the tribes' homelands, which limited the number and influence of the Native delegates. Key signatory leaders included Ottawa chiefs such as Wabwindego and Chippewa leaders like Kewagoushcum. The process was marked by a significant power imbalance; the delegates were unfamiliar with the legalistic English language of the document and faced immense pressure to agree to terms that would open their territory for American settlement and resource extraction. The treaty was subsequently ratified by the United States Senate on May 27, 1836.

Terms and Land Cessions

The treaty stipulated the cession of approximately 13 million acres of land, encompassing nearly the entire northern third of the lower peninsula and the eastern portion of the upper peninsula of Michigan, including areas around Grand Traverse Bay and the Keweenaw Peninsula. In return, the tribes reserved specific tracts for their use, including lands in the Grand River valley and near Little Traverse Bay. The United States agreed to provide annual annuity payments in cash and goods, funds for education and agricultural assistance, and services like blacksmiths and physicians. Crucially, the treaty included provisions allowing the tribes to hunt and fish on the ceded lands until the land was surveyed and sold to settlers, a clause that would later be central to modern legal disputes.

Implementation and Aftermath

The implementation of the treaty was fraught with delays, misunderstandings, and broken promises. The promised annuities and goods were often late, insufficient, or of poor quality. Pressure from settlers and mining companies, such as those involved in the Copper Country boom, led the U.S. government to seek further concessions. This culminated in the Treaty of La Pointe in 1842, which ceded the remaining western upper peninsula lands, and the controversial Treaty of 1855, which attempted to allocate individual land allotments and dissolve communal tribal holdings. Many Ottawa and Chippewa people were eventually displaced to reservations or isolated communities, while others, like those at L'Anse or Bay Mills, struggled to maintain their land base and sovereignty.

Legacy and Historical Significance

The Treaty of Washington (1836) had a profound and lasting impact. It directly enabled the statehood of Michigan and the rapid exploitation of its natural resources, fueling the growth of cities like Grand Rapids and the mining industry. For the signatory tribes, it began a long era of land loss and contested federal relations. The reserved hunting and fishing rights, however, were never extinguished. In the late 20th century, these provisions formed the legal basis for significant court victories, most notably in United States v. Michigan (1979) and related cases, which reaffirmed tribal co-management of natural resources in the Great Lakes. The treaty is thus a foundational document in the ongoing political and legal relationship between the United States federal government and the Ottawa and Chippewa nations, symbolizing both historical injustice and enduring treaty rights.