For Opinion See 447 F.Supp.2D 835 United States District Court, N.D
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2007 WL 2212855 (N.D.Ohio) Page 1 (Cite as: 2007 WL 2212855) 1839. This was contrary to their expressed will and intention to remain on the lands of their traditional For Opinion See 447 F.Supp.2d 835 use and occupancy since the days of the Ottawa United States District Court, N.D. Ohio. Pontiac and Attawang, who with their followers, OTTAWA TRIBE OF OKLAHOMA, settled in the Maumee Valley of Ohio in October of v. 1763. OHIO DEPARTMENT OF NATURAL RE- Although most of the Ohio Ottawa were forcibly re- SOURCES. moved to Kansas Territory, some decided to go to No. 05CV07272. Walpole Island in the Sarnia Reserve of Canada at March 30, 2007. the invitation of kinsmen, and some Ottawa simply Opinion on the Removal of the Ottawa of Ohio: refused to go and remained in Ohio. Those Ottawa Voluntary or Forced that existed as separate bands in Ohio who went to Name of Expert: Patrick M. TuckerArea of Ex- Kansas Territory during the 1830s became united pertise: Social Science >> HistorianSocial Science- into one corporate entity or tribe known as the Ott- HistorianCase Type: Agriculture & Forestry >> awa of Blanchard's Fork and Roche de Boeuf. Other Agriculture & ForestryAgriculture & These Ottawa were again removed to Oklahoma ForestryOther Agriculture & ForestryCase Type: Territory in 1868 by the United States government. Environmental >> Endangered Animal/Protected On November 30, 1938 the Ottawa of Blanchard's HabitatEnvironmentalEndangered Animal/Protec- Fork and Roche de Boeuf became federally recog- ted HabitatJurisdiction: N.D.OhioRepresenting: nized as the “Ottawa Tribe of Oklahoma.” Plaintiff What circumstances and conditions influenced the The Treaties of August 30, 1831 at Miami Bay of separate bands of Ottawa to be removed from Ohio Lake Erie and February 18, 1833 at Maumee, Ohio by the United States government? The circum- were the final treaties between the Ottawa of Ohio stances and conditions are explained as follows. (known as the Ottawa of the Maumee, Roche de Boeuf, Wolf Rapids, Oquanoxa's Village, Blan- The American Government's Plan to Make White chard's Fork, Great AuGlaize, and Little AuGlaize Citizens of the Ohio Ottawa Rivers) and the United States government prior to their removal to Kansas Territory between 1832 Between 1796 and 1819 the United States govern- and 1839. At the time of these two treaties, the ment had a plan to civilize and Christianize the In- Ohio Ottawa resided on Royce Areas 15, 19, 169, dians that lived east of the Mississippi River. The 170, 182, and 183 which totaled some 101,862 goal was to fully integrate the Indians into white acres in northwest Ohio. The Ottawa of Ohio used society. Civilization and Christianization meant that many more lands east to the Huron River and west the Ottawa of Ohio would have to give up their tra- to the state boundary in northern Ohio in their ditional semi-sedentary lifestyle of hunting, fishing, winter treks for hunting, trapping, fishing, and mak- trapping, gathering, and horticulture for a perman- ing maple sugar. ent, sedentary lifestyle living in cabins or houses, dressing and eating as Americans of the period, go- It is my opinion that the chiefs, headmen, and nat- ing to school (to learn to read, write, and speak ive leaders of these Ottawa bands who signed these English), and to convert to Christianity forsaking two treaties, evidenced by their totems or marks, their traditional religious beliefs and ideology. Such did so under forced, pressured, or coerced condi- a plan would make it easier for the American gov- tions which influenced their decision to remove ernment to gain title to Indians lands. west of the Mississippi River in 1832, 1837, and © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 2007 WL 2212855 (N.D.Ohio) Page 2 (Cite as: 2007 WL 2212855) The American government established its own trade tion to its annual appropriation of $300 for the mis- houses (called Indian factories) at points on the sion and school. The mission was headed by the frontier in an attempt to control and prevent unlaw- Reverend Isaac Van Tassel and his wife, and was ful and unjust intercourse with the Indians by situated on elevated ground which contained 650 private traders. Goods were purchased on open acres of heavily timbered land with 50 acres cleared markets in major cities and shipped to the trade and enclosed by a wooden fence (United States Na- houses, and furnished to the Indians at low prices in tional Archives 1959, record group 75, microcopy exchange for furs and pelts. 234, roll 419, frames 0336-0344, 0641 0649; Marsh n.d.a; United States Congress 1832-1861, cl. 2, Fourteen government trade houses or factories were 2:459, 522-524). There were several wooden frame established between 1796 and 1808. In the Maumee buildings constructed which consisted of a main, River area, factories were established at Detroit two story residence that contained a hall or dining (1802-1805), Fort Wayne (1802-1822), and San- room with a kitchen and five bedrooms, a school dusky (1806-1822) where the local merchants were house, a stove house, blacksmith shop, and horse hostile to these stores due to the competition it cre- stable. In 1823, there were 21 teachers and 10 Indi- ated. Over time, the Indians would adopt the mater- an scholars. In 1825, there were 29 Indian scholars ial culture and lifestyle of white Americans on the (17 males and 12 females between the ages of 6 and road to being fully integrated into American society 27) of 3/4 to 1/4 degree of Indian blood. In 1831, and culture. While the Indians adopted a great there were 31 Indian scholars (17 males and 14 fe- many items of American manufactured goods, males) mostly from the Ottawa bands of the local many Indian groups resisted efforts to fully integ- area, and five white students whose parents paid rate themselves into white society at the loss of their own tuition. Students were instructed in Chris- their corporate, Indian identity. The Ohio Ottawa tianity, reading, writing, arithmetic, geography, and were no exception. agriculture. The agricultural department of the school taught the Indian students the expediency The Civilization Act passed by Congress in April of and necessity of using substantial enclosures to pro- 1819 opened the door for more concerted efforts to tect their crops. Of the 50 acres cleared at the mis- Christianize the Ohio Ottawa. The American gov- sion/school, 37 were planted with corn and pota- ernment funded various Christian religious societies toes, and the remainder reserved for pasture. Live- to open missionary schools for the Indians to edu- stock consisted of 44 horned cattle, 28 sheep, cate and indoctrinate them into Christian religious 150-200 hogs, and two horses. The agricultural pro- beliefs and ideology (United States Congress gram also experimented with the silk worm in- 1832-1861, cl. 2, 2:457-459). dustry. Mulberry trees were indigenous to the area The board of trustees of the Western Missionary and their leaves were used to feed silk worms for Society of Pittsburgh presented a petition to the the production of unrefined silk. Much of the labor Congress of the United States in February 1822 for was performed by the older Indian boys who were a section of land on the Maumee River in Ohio. found to be more willing and industrious in agricul- This society proposed, and eventually erected, tural pursuits. buildings and other improvements for the purpose The mission was transferred to the United Foreign of bringing the arts of civilized life and the know- Missionary Society on October 25, 1825, and con- ledge of the Christian religion to the Ottawa. The solidated with the American Board of Commission- society established a Presbyterian mission and ers for Foreign Missions in June of 1826. Thomas school called Ebenezer six miles upriver of Perrys- L. McKenney, Commissioner of the Office of Indi- burg on the south bank of the Maumee River in an Affairs in the War Department, stated in his an- November of 1822. The society received an addi- nual report for 1826 that the Ebenezer mission tional $800 from the American government in addi- school on the Miami River was “... known to be a © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 2007 WL 2212855 (N.D.Ohio) Page 3 (Cite as: 2007 WL 2212855) model in all that is excellent in every branch of er or not to abandon the Indian civilization and edu- teaching. Nothing can be more interesting, or to cational programs instituted by religious societies that region more valuable, than this school.” with government funding during 1819 and 1820. By (United States Congress 1832-1861, cl. 2, 2:675). 1825, the American government had decided to im- plement a plan for removal of the Indians in the Although the mission school produced some 90 In- states and territories west of the Mississippi River. dian graduates from 1823 to its closing in 1835, the And, when newly elected President Andrew Jack- American government undercut its purpose and son signed the Indian removal bill that passed longevity when it decided that removal of the Indi- through Congress in 1831, the Ebenezer mission, ans in the states and territories to west of the Mis- along with thirteen other mission schools in the sissippi River was the ultimate solution to the Indi- country, were doomed to failure and extinction. an problem. VanTassel convinced his mission board in October of 1833 to offer a portion of the The Reduction of Ottawa Reservations and Lands mission lands on the Maumee River to the Ottawa in Ohio who did not want to remove to Kansas Territory after the 1833 treaty (VanTassel 1833:469).