1838 Arrests at La Pointe
April 4, 2024
Collected & edited by Amorin Mello
The legendary Gichi-miishen (Michel Cadotte, Sr.) passed away days before the 1837 Treaty of St Peters was signed. One year later his son Michel Cadotte, Jr. and son-in-law Lyman M. Warren were both publicly arrested at the 1838 Annuity Payments in La Pointe, clouding their families’ 1827 Deed for Old La Pointe and 1834 Reinvention of La Pointe.
Letters Received by the Office of Indian Affairs:
La Pointe Agency 1831-1839
National Archives Identifier: 164009310
April 6, 1836
from La Pointe Indian Sub-agency
via Fort Snelling
to Commissioner of Indian Affairs
Received May 21, 1838
Answered May 22, 1838
Lapointe
April 6, 1838
C. A. Harris Esq’r
Com’r In Affs
Sir
I take the liberty of addressing you to ask whether in your opinion there is a probability that my salary can be increased by an act of Congress, or otherwise. I make this enquiry because I feel desirous of keeping this office, and unless the salary can be increased I shall be compelled to resign; the great distance of this place from any market and the expenses of transporting property hither, together [with] the prohibition of entering into trade rendering it at present altogether insufficient. A speedy answer is respectfully solicited.
I am sir with great
Respect your most obdt servant
D. P. Bushnell
American Fur Company public notice in newspapers nationwide about Lyman M. Warren being removed from La Pointe.
October 27, 1838
from Governor of Wisconsin Territory
to Commissioner of Indian Affairs
received November 19, 1838
Superintendency of Indian Affairs
for the Territory of Wisconsin
Mineral Point Oct. 27 1838.
Hon C. A. Harris
Com. of Ind. Affs.
Sir:
Henry Dodge
I have the honor to transmit the report of E. F. Ely, Esq. Sup’t of a school at Fond du Lac, Lake Superior, forwarded by Mr D. P. Bushnell, Sub agent at La Pointe, which had not been received at the time the other reports were transmitted.
Mr. Bushnell also informs me under date of the 18th Sept. that he has caused Lyman M. Warren, an American citizen, and Michel Cadotte, a half-breed, to be removed from the Indian Country, and has furnished the Dist. Attorney at Green Bay with the necessary evidence and requested him to commence suits against them, for violations of the 12th, 13th & 15th Sections of the act of June 30, 1834. Mr Warren is now here, and suits have been instituted upon the representations of the sub-agent. Further information will be furnished to you as soon as received.
Very respectfully
Your obed’t serv’t
Henry Dodge
Supt Ind. Affs
November 23, 1838
from Lyman M. Warren of La Pointe
via Governor of Wisconsin Territory
to Commissioner of Indian Affairs
Received December 15, 1838
Answered December 22, 1838
Superintendency of Indian Affairs
for the Territory of Wisconsin
Mineral Point Nov 23, 1838.
T. Hartley Crawford Esq’r
Com. of Indian Affairs
Washington
Sir:
Copy of 1834 “Map of La Pointe” by Lyman M. Warren.
I have the honor to transmit enclosed herewith, a communication from Lyman M. Warren, recently of La Pointe, Lake Superior, who, upon charges of a violation of the 12th, 13th & 15th Sections of the “Act to regulate trade and intercourse with the Indian tribes &c,” was removed from the Indian Country. Mr Warren has been long in the service of the American Fur Company at that post, and extensively engaged in Indian trade; and, from the hurried manner in which he was taken from the country, much of his business remains unsettled. He now asks from the Department, for the reasons given in his letter, that he be permitted to return to La Pointe next Spring for the purpose only of settling his business; an indulgence which I think may be safely granted. Mr Warren was the bearer of the information to the Dist. Attorney of the United States at this place, upon which suits were instituted against him, which fact, with that of his previous good standing and the respectability of his connection in this Territory, warrants me in the opinion that no detriment can arise to the Government from a compliance with his request. I have also consulted with the Sub-agent at that station, Mr. Bushnell, who admits the propriety of permitting him to return to the country, for the purposes expressed in his letter, if the agent be not absent. In case the Department should feel disposed to accede to his request, it would be well to instruct the District Attorney not to take any advantage of his absence at the Spring term of the Court, at which he is recognized to answer.
Very respectfully
Your obed’t Servant
Henry Dodge
Supt. Ind. Affs.
Prairie du Chein 7th Nov. 1838
To His Excellency
Henry Doge
Governor of Wisconsin
And Superintendent of
Indian affairs
Sir
Since Michel Cadotte and myself have arrived at this place and been served with process in the various suits brought against us in the name of the United States and given bail for our appearance at the May Term of the Crawford District Court in the Cases where bail was required, I have thought proper to address your Excellency in relation to the course that has been taken against me, and to request through your Excellency, some indulgence from the Department in the management of the Cases from the peculiar circumstances of my situation.
Your Excellency is aware that I was arrested at Lapointe on Lake Superior among the Chippewa Indians by a Military force, without legal process, and brought from thence by the way of the Sault Ste Marys, Mackinac and Green Bay to Fort Winebago from which place I came voluntarily and brought to the complaint against me to your Excellency that after giving bail in one Case at Mineral Point I came to this place whither the Deputy Marshall was sent to execute other process on me and Michel Cadotte. I was arrested and brought away from Lapointe at a time when private business of the greatest importance required my presence there, and my arrest and removal and consequent losses have almost ruined me. On my way I was robbed of upwards of One Thousand Dollars in Cash which is one of the consequences to me of the proceedings that have been commenced against me. I believe that your Excellency is fully aware that if I had been disposed to disregard the laws and authorities of the Country and to set them at defiance the force which was sent for me was not sufficient to bring me away. In fact the Indians in the vicinity were disposed to resists and to prevent my removal, and would have done so if I had not used my influence to restrain them. I mention this as an evidence of my disposition to submit to the laws and authorities of the Government, rather than to oppose or violate either.
I have been a Trader in extensive business among the Chippeways on Lake Superior for upwards of twenty one years, an can appeal with confidence to all intelligent Gentlemen who have been acquainted with my course of conduct throughout that period for testimony that I have always conformed my conduct to the laws of Congress, and the regulations of the Department, when known and understood. I have never knowingly violated either, and if I have ever in any case gone contrary to either, it has been when the law or regulation had not been made known at my remote and far distant station.
No one could expect that so far removed as I have been from settlements and civilization with so little intercourse with either, I could be so well and promptly made acquainted with the legislation and regulations of the Government as those who enjoyed the advantage of a residence within the more immediate sphere of its action and opperations. In the present Case I feel perfectly conscious, that I am free from all blame, and believe that it will be found upon investigation, that the proceedings against me originated in malice.
It is expected I believe that the Half breeds of the Chippeways on Lake Superior will be paid their share of the money donated to them by Treaty, some time early next Spring. It is of great importance to me and to others that I should be present at that payment. I have of my own a large family of children who are interested in the expected payment. Besides I am guardian of an estate which will require my personal presence at that place, in order that it may be settled.
Cadotte is also interested in the payment on his own account, and that of his children. It will be impossible for us to go up in the Spring and return to the Spring terms of the Court at Mineral Point and this place. I would therefore request it as a favor of the Department, if sufficient reason does not appear for dismissing the prosecutions altogether, that I may be permitted with Cadotte to attend at La Pointe in the next Spring season at the contemplated payment, or when ever the same may be made, and that no steps may be taken in the prosecution of the suits against us in our absence, and that the Attorney for the Territory may be directed not to take any default against us in any of the Cases either for want of bail, or plea, or other necessary propositions for our defense, while we may be absent on such business.
I hope that your Excellency will perceive the great importance to me of obtaining this indulgence, and sufficient reason to induce the kind interposition of your Excellency’s good offices to have it granted to me.
With great respect
I am your
Excellency’s Obedient Servant
L. M. Warren
W.718.
December 15, 1838
from Solicitor of the Treasury
to Commissioner of Indian Affairs
Received December 17, 1838
Answered December 22, 1838
and returned papers
from US Attorney Moses McCure Strong
dated November 25, 1838
Office of the Solicitor
of the Treasury
December 15, 1838
T. H. Crawford Esqr.
Comm’r of Indian Affairs.
Sir,
Moses McCure Strong
~ 1878 Historical Atlas of Wisconsin
I have the honor to inclose to you herewith a letter received by this morning’s mail from Messr Strong, United States Attorney for the Territory of Wisconsin, with a copy of one addressed to him by D. P. Burchnell, Indian Sub-agent at Mineral Point, Wisconsin, in relation to sundry suits commenced by him, to recover the penalty incurred for the violation of the 12, 13, & 15 sections of the act of Congress of of 30 June 1834 intitled “an act to regulate trade and intercourse with indian tribes, and to procure peace on the frontiers.”; which suits he states were commenced at the request of Mr. Burchnell.
To enable me to reply to the District Attorney’s letter I shall be obliged by your informing me at your earliest convenience, whether you wish any particular [directions?] given to him on the subject. Please return the District Attorney’s letter with its inclosure.
very respectfully Yours
H. D. Gilpin
Solicitor of the Treasury
December 28, 1838
from James Duane Doty
to Commissioner of Indian Affairs
forwarded to Secretary of War December 31, 1838
Received January 3, 1839
See letter to Solicitor of the Treasury dated January 3, 1838.
Washington
Dec. 28 1838.
The Hon. J. R. Poinsett
Secy of War
Sir,
1827 Deed for Old La Pointe from Madeline and Michel Cadotte, Sr. to Lyman M. Warren for 2,000 acres of unceded tribal land on Madeline Island to be held in trust for the Cadotte/Warren grandchildren and future generations.
A prosecution was commenced last fall by the Indian Department against Lyman M. Warren, a licensed Trader at Lapointe, Lake Superior and a half Indian by the name of Michel Cadotte, for accepting of a verbal gift to Warren by the Indians of a part of an Island in Lake Superior. This gift I believe was intended to be in lieu of 14 sections of land given by the same Indians to the wife of Warren (an Indian woman, and his children, which had been reserved to them in the Treaty of Fond du Lac, but which was I am informed, stricken out, with other reservations of land, by the Senate.
It appears that Warren was ignorant of the act of Congress on this subject, and that so soon as he was informed, he desisted. Some months afterwards, and without anything new having secured, the sub-agent (then 300 miles from Lapointe) obtained a military force to be sent from Fort Brady to arrest Warren and his interpreter Cadotte. They made no resistance but voluntarily came with the soldiers to the Sault Ste Marie, and thence to Mineral Point 600 miles further.
Mr. Warren has been a Trader in that Country for the last 20 years, and I have personally known him there since the year 1820. During this long period he has been much respected as an upright Trader, submissive to the laws, and at all times disposed to extend the power of this government over the Northern Indians, who it is well known have been most inclined to visit and listen to the British authorities. I do not think there is another Indian Trader in the North West who has a greater influence with those Tribes than Mr. Warren.
The sub-agent, Mr. Bushnell, was a stranger in that country, but recently appointed, and, I cannot but think, has caused Mr. Warren to be arrested without a due examination of the facts of the case, or without giving a proper consideration to the effect it will be likely to have with the Indians of that country.
If Mr. Warren is compelled to defend this suit, whether it results in his favour or not, it must ruin him and his family, and I think the government will lose more than it will gain by continuing the prosecution.
From my knowledge of the parties, the facts of the case and the condition of the country I would respectfully recommend that the District Attorney be directed to discontinue the prosecutions against Warren & Cadotte upon the payment of costs and a stipulation not to prosecute Bushnell and the Commanding Officer at Fort Brady. I have no hesitation in expressing to you the opinion, that if the prosecution is continued the judgement of the Court will be in favour of the defendants.
With much respect I am Sir your obdt svt
J. D. Doty
1838 more Petitions from La Pointe to the President
April 16, 2023
Collected & edited by Amorin Mello
Letters Received by the Office of Indian Affairs:
La Pointe Agency 1831-1839
National Archives Identifier: 164009310
O.I.A. Lapointe W.692.
Governor of Wisconsin
Mineral Pt. 15 Oct. 1838.
Encloses two communications
from D. P. Bushnell; one,
to speech of Jean B. DuBay, a half
breed Chippewa, delivered Aug. 15, ’38,
on behalf of the half breeds then assembled,
protesting against the decision
of the U.S. Court on the subject of the
murder of Alfred Aitkin by an Ind,
& again demanding the murderer;
with Mr Bushnell’s reply: the other,
dated 14 Aug. 1838, being a Report
in reference to the intermeddling of
any foreign Gov’t or its officers, with
the Ind’s within the limits of the U.S.
[Sentence in light text too faint to read]
12 April 1839.
Rec’d 17 Nov 1838.
See letter of 7 June 39 to Hon Lucius Lyon
Ans’d 12 April, 1839
W Ward
Superintendency of Indian Affairs
for the Territory of Wisconsin
Mineral Point Oct 15, 1838.
Henry Dodge
Sir:
I have the honor to enclose herewith two communications from D. P. Bushnell Esq, Subagent of the Chippewas at La Pointe; the first, being the Speech of Jean B. DuBay, a half breed Chippewa, on behalf of the half-breeds assembled at La Pointe, on the 15th august last, in relation to the decision of the U.S. Court on the subject of the murder of Alfred Aitkin by an Indian; the last, in reference to the intermeddling of any foreign government, or the officers thereof, with the Indians within the limits of the United States.
Very respectfully
Your obed’t serv’t.
Henry Dodge
Sup’t Ind. Affs.
Hon. C. A. Harris
Com of Ind. Affairs.
D. P. Bushnell Aug. 14, 1838
W692
Subagency
La Pointe Aug 14th 1838
Sir
I have the honor to acknowledge the receipt of your communication dated 7 ultimo enclosing an extract from a Resolution of the House of the Representatives of the 19th of March, 1838. No case of intermeddling by any foreign government on the officers, or subject thereof with the Indians under my charge or any others, directly , or indirectly, has come to my knowledge. It is believed that the English government has been in the Habit of distributing presents at a point on Lake Huron below Drummonds Island to the Chippewa for a series of years.
The Indians from this region, until recently, visited that place for their share of the annual distribution. But the Treaty made last summer between them and the United States, and the small distribution of presents that has been made within the Last Year, under the direction of our government, have had the effect to permit any of them from visiting, the English Territory this year. These Indians have generally manifested a desire to live upon terms of friendship with the American people. All of the Chiefs from the region of Lake Superior have expressed a desire to visit the seat of Gov’t where none of them have yet been. There is no doubt, but such a visit with the distribution of a few presents among them would be productive: of much good, and render their attachment to our Gov’t still stronger.
Very Resp’y
yr ms ob sev’t
D. P. Bushnell.
I. O. A.
To
His Excellency Henry Dodge
Ter, Wisconsin Sup’t Ind Affs
Half breed Speech
Speech of Jean B. DuBay,
a half breed Chippewa, on behalf of the half breeds assembled in a numerous body at the United States Sub Indian Agency office at La Pointe, on the 15th day of August 1838.
Father. We have come to you for the purpose of speaking on the subject of the murder that was committed two years ago by an Indian on one of our Brothers. I allude to Alfred Aitken. We have always considered ourselves Subject to the Laws of the United States and have consequently relied upon their protection. But it appears by the decision of the United Sates court in this case. “That it was an Indian Killed an Indian, on Indian ground, and died not therefore come under its jurisdiction,” that we have hitherto laboured under a delusion, and that a resort to the laws can avail nothing. We come therefore to you, at the agent of the Government here, to tell you that we have councilled with the Indians and, have declared to them and we have solemnly pledged ourselves in your presence, to each other, that we will enforce in the Indian Country, the Indian Law, Blood for Blood.
We pay taxes, and in the Indian Country are held amenable to the Laws, but appeal to them in vain for protection. Sir we will protect ourselves. We take the case into our own hands. Blood shall be shed! We will have justice and who can be answerable for the consequences? Our brother was a gentlemanly young man. He was educated at a Seminary in Louville in the State of New York. He was dear to us. We remember him as the companion of our childhood. The voice of his Blood now cries to us from the ground for vengence! But the stain left by his you shall be washed out by one of a deeper dye!
For injuries committed upon the persons or property of whites, although within the Indian Country we are still willing to be held responsible to the Laws of the United States, notwithstanding the decision of a United States Court that we are Indians. And for like injuries committed upon us by whites we will appeal to the same tribunal.
Sir our attachments to the American Government and people was great. But they have cast us off. The Half breeds muster strong on the northwestern frontier & we Know no distinction of tribes. In one thing at least we are all united. We might muster into the service of the United States in case of a war and officered by Americans would compose in frontier warfare a formidable corps. We can fight the Indian or white man, in his own manner, & would pledge ourselves to Keep peace among the different Indian tribes.
Sir we will do nothing rashly. We once more ask from your hands the murder of Mr. Aitken. We wish you to represent our case to the President and we promise to remain quiet for one year, giving ample time for his decision to be made Known. Let the Government extend its protection to us and we will be found its staunchest friends. If it persists in abandoning us the most painful consequences may ensue.
Sir we will listen to your reply, and shall be Happy to avail ourselves of your advice.
Reply of the Subagent.
My friends, I have lived several years on the frontier & have Known many half breeds. They have to my Knowledge paid taxes, & held offices under State, Territorial, and United States authorities, been treated in every respect by the Laws as American Citizens; and I have hitherto supposed they were entitled to the protection of the Laws. The decision of the court is this case, if court is a virtual acknowledgement of your title to the Indians as land, in common with the Indians & I see no other way for you to obtain satisfaction then to enforce the Indian Law. Indeed your own safety requires it. in the meantime I think the course you have adopted, in awaiting the results of this appeal is very proper, and cannot injure your cause although made in vain. At your request I will forward the words of your speaker, through the proper channel to the authorities at Washington. In the event of your being compelled to resort to the Indian mode of obtaining satisfaction it is to be hoped you will not wage an indiscriminate warfare. If you punish the guilty only, the Indians can have no cause for complaint, neither do I think they will complain. Any communication that may be made to me on this subject I will make Known to you in due time.
O.I.A. Lapointe. D.333.
Hon. Ja’s D. Doty.
New York. 25 March, 1839
Encloses Petition, dated
20 Dec. last, of Michel Nevou & 111
others, Chippewa Half Breeds, to the
President, complaining of the delay
in the payment of the sum granted
them, by Treaty of 29 July, 1837,
protesting against its payments on the
St Croix river, & praying that it be
paid at La Pointe on Lake Superior.
Recommends that the payment
be made at this latter place,
for reasons stated.
Rec’d 28 March, 1839.
Ans 29 Mch 1839.
(see over)
Mr Ward
D.100 3 Mch 28
Mch 38, 1839.
Indian Office.
The within may be
an [?] [?] [?] –
[guest?]. in fact will be
in accordance with [?]
[lat?] opinions and not of
the department.
W. Ward
New York
March 25, 1839
The Hon.
J.R. Pointsett
Secy of War
Sir,
I have the honour to submit to you a petition from the Half-breeds of the Chippewa Nation, which has just been received.
It must be obvious to you Sir, that the place from which the Indian Trade is prosecuted in the Country of that Nation is the proper place to collect the Half Breeds to receive their allowance under the Treaty. A very large number being employed by the Traders, if they are required to go to any other spot than La Pointe, they must lose their employment for the season. Three fourths of them visit La Pointe annually, in the course of the Trade. Very few either live or are employed on the St. Croix.
As an act of justice, and of humanity, to them I respectfully recommend that the payment be made to them under the Treaty at La Pointe.
I remain Sir, with very great respect
Your obedient Servant.
J D Doty
[D333-39.LA POINTE]
Hon.
J. D. Doty
March 29, 1839
Recorded in N 26
Page 192
[WD?] OIA
Mch 29, 1839
Sir
I have the honor to acknowledge the receipt of your letter of the 25th with the Petition of the Chippewa half breeds.
It is only necessary for me to observe his reply that it had been previously determined that the appropriation for them should be distributed at Lapointe, & the instructions with be given accordingly.
Very rcy
Hon.
J.D. Doty
New York
D100
D.333.
To the President of the United States of America
The Petition of the Half Breeds of the Chippewa nation respectfully shareth.
That we, Half Breeds of the Chippewa Nation, have recently learned, that the payment of the sum granted to the Chippewa Half Breeds, by virtue of the Treaty of 29th July 1837, has been deferred to next Spring, and, that the St Croix River has been selected as the place of payment.
That the delay in not having received our share of the above grant to the Chippewa Half Breeds, last summer, has caused us much loss, by keeping us from our regular vocations for several months, and by leaving many of us without means of support during winter, and that the arrangement of having the payment made next spring on the St Croix, will oblige us to perform a long and expensive Journey, leaving our families in our absence without any means of subsistance, and depriving us of all chance of being employed either in the Indian Trade or at fishing, by which means alone, we are able to earn our daily bread.
Your Petitioners with great deference and implicit submission to the pleasure of the President of the United States, respectfully pray, that an alteration may be made in the place assigned for payment and that Lapointe on Lake Superior may be fixed upon as the place of payment that place being the annual rendezvous of the Chippewa Half Breeds and the Chippewa Indians Traders, by whom we are employed.
And your Petitioners as in duty bound shall ever pray &c. &c.
Lake Superior Lapointe Dec. 20th 1838
Michel Neveu X his mark
Louis Neveu X his mark
Newel Neveu X his mark
Alexis Neveu X his mark
Joseph Danis X his mark
Benjamin Danis X his mark
Jean Bts Landrie Sen’r X his mark
Jean Bts Landrie Jun’r X his mark
Joseph Landrie X his mark
Jean Bts Trotercheau X his mark
George Trotercheau X his mark
Jean Bts Lagarde X his mark
Jean Bts Herbert X his mark
Antoine Benoit X his mark
Joseph Bellaire Sen’r X his mark
Joseph Bellaire Jun’r X his mark
Francois Bellaire X his mark
Vincent Roy X his mark
Jean Bts Roy X his mark
Francois Roy X his mark
Vincent Roy Jun’r X his mark
Joseph Roy X his mark
Simon Sayer X his mark
Joseph Morrison Sen’r X his mark
Joseph Morrison Jun’r X his mark
Geo. H Oakes
William Davenporte X his mark
Robert Davenporte X his mark
Joseph Charette X his mark
Chas Charette X his mark
George Bonga X his mark
Peter Bonga X his mark
Francois Roussain X his mark
Jean Bts Roussain X his mark
Joseph Montreal Maci X his mark
Joseph Montreal Larose X his mark
Paul Beauvier X his mark
Michel Comptories X his mark
Paul Bellanger X his mark
Joseph Roy Sen’r X his mark
John Aitkins X his mark
Alexander Aitkins X his mark
Alexis Bazinet X his mark
Jean Bts Bazinet X his mark
Joseph Bazinet X his mark
Michel Brisette X his mark
Augustin Cadotte X his mark
Joseph Gauthier X his mark
Isaac Ermatinger X his mark
Alexander Chaboillez X his mark
Michel Bousquet X his mark
Louis Bousquet X his mark
Antoine Cournoyer X his mark
Francois Bellanger X his mark
John William Bell, Jun’r
Jean Bts Robidoux X his mark
Robert Morin X his mark
Michel Petit Jun X his mark
Joseph Petit X his mark
Michel Petit Sen’r X his mark
Pierre Forcier X his mark
Jean Bte Rouleaux X his mark
Antoine Cournoyer X his mark
Louis Francois X his mark
Francois Lamoureaux X his mark
Francois Piquette X his mark
Benjamin Rivet X his mark
Robert Fairbanks X his mark
Benjamin Fairbanks X his mark
Antoine Maci X his mark
Joseph Maci X his mark
Edward Maci X his mark
Alexander Maci X his mark
Joseph Montreal Jun. X his mark
Peter Crebassa X his mark
Ambrose Davenporte X his mark
George Fairbanks X his mark
Francois Lemieux X his mark
Pierre Lemieux X his mark
Jean Bte Lemieux X his mark
Baptist St. Jean X his mark
Francis St Jean X his mark
Francis Decoteau X his mark
Jean Bte Brisette X his mark
Henry Brisette X his mark
Charles Brisette X his mark
Jehudah Ermatinger X his mark
Elijah Eramtinger X his mark
Jean Bte Cadotte X his mark
Charles Morrison X his mark
Louis Cournoyer X his mark
Jack Hotley X his mark
John Hotley X his mark
Gabriel Lavierge X his mark
Alexis Brebant X his mark
Eunsice Childes
Etienne St Martin X his mark
Eduard St Arnaud X his mark
Paul Rivet X his mark
Louisan Rivet X his mark
John Fairbanks X his mark
William Fairbanks X his mark
Theodor Borup
James P Scott
Bazil Danis X his mark
Alexander Danis X his mark
Joseph Danis X his mark
Souverain Danis X his mark
Frances Dechonauet
Joseph La Pointe X
Joseph Dafault X his mark
Antoine Cadotte X his mark
Chequamegon History 