1839 Petitions against Payments at La Pointe
October 10, 2025
Collected & edited by Amorin Mello
Previously we featured 1837 Petitions from La Pointe to the President about $100,000 Payments to Chippewa Mixed-Bloods from the 1837 Treaty of Saint Peters, and 1838 more Petitions from La Pointe to the President about relocating the Payments from St. Croix River to Lake Superior. Those earlier Petitions were from Chief Buffalo and dozens of Mixed-Bloods from the Lake Superior Chippewa Bands, setting precedence for La Pointe to host the 1842 Treaty and 1854 Treaty in later decades.
Today’s post features 1839 Petitions against Payments at La Pointe. These petitioners appear to be looking to get a competitive edge against the American Fur Company monopoly at La Pointe, by moving the payments south across the Great Divide into the Mississippi River Basin.
For more information about the $100,000 Payments at La Pointe in 1839, we strongly recommend Theresa M. Schenck’s excellent book All Our Relations: Chippewa Mixed-Bloods and the Treaty of 1837.
Letters Received by the Office of Indian Affairs:
La Pointe Agency 1831-1839
National Archives Identifier: 164009310
April 9, 1839
from Joseph Rolette at Prairie du Chien
to the Superintendent of Indian Affairs
Received April 27, 1839
Prairie du Chiene 9th April 1839
T.H. Crawford Esq’r
Commissioner of Ind’n affairs
Washington
You must excuse the liberty I take in addressing you once more – presuming you are not well acquainted yet with this Country, I am requested by the Chippewaw half Breeds that remain in this Country, that it is with regret they have heard that the payment allowed to them in the treaty of the 29th July 1837 is to be made on Lake Superior. They have to State, that it will be impossible for them to reach that place as the American Fur Co. are the only Co. who have vessels on Lake Superior & Notwithstanding they could procure on Passage Gratis on the Lake.
This distance between Sault Ste Mary, and the Mississippi is great and expensive. They also represent that the half Breeds born on Lake Superior are not entitled to any Share of the money allowed.
Whereas if the Payment was made at the Falls of St. Croix, there would be Competition amongst traders, whereas in Lake Superior they can be done none. They humbly beseech that you will have Mercy on them and not allow them to be deprived by intrigue of the Sum due them. So Justly to go in other hands but the real owners.
Respectfully
your most obd’t Serv’t
Joseph Rolette
on behalf of the Chippewaw
Half Breeds of
Prairie du Chiens
June 21, 1839
from the Indian Agent at Saint Peters
via the Governor of Wisconsin Territory
to the Superintendent of Indian Affairs
Received July 16, 1839
Answered July 24, 1839
Superintendency of Indn Affairs
for the Territory of Wisconsin
Mineral Point June 20, 1839
Sir,
Henry Dodge
Governor of Wisconsin Territory
I have the honor to transmit, enclosed herewith, three letters from Major Taliaferro, Indian Agent at St Peters, dated 10th, 16th, & 17th inst, with two Indian talks of 3rd & 14th, for the information of the Department.
Very respectfully
Yours obedt sevt
Henry Dodge
Supt Ind Agy
T Hartley Crawford Esq
Com. of Indian Affairs
North Western Agency St Peters
Upper Mississippi June 10th 1839
Governor,
Lawrence Taliaferro
Indian Agent at Fort Snelling
I deem it to be most adviseable that the enclosed paper, addressed to the Agent, and Commanding Officer on this Station from the Chippewa Chief “Hole in the Day” should be forwarded to you, the Indians addressing us being within your Excellency’s Superintendency. It may be well to add that a similar document proceeding from the Chippewa Chiefs of St Croix was on the 4th inst forwarded for the information of the Office of Indian Affairs at Washington.
The consolidation of the two Chippewa Sub Agencies and located at Lapointe, it is feared may lead to rather unpleasant results. I know the Chippewas well, and may have as much influence with those of the Mississippi particularly as most men, yet were I to say “you are not to have an agent in your Country, and you must go to Lapointe in all time to come for your Annuity, and treaty Stipulations.” I should not expect to hold their confidence for one day.
With high respect Sir
Your mo obt Serv
Law Taliaferro
Indian Agent
at S. Peters
His Excellency
Governor Henry Dodge
Suprt of Indi Affairs
at Mineral Point
For Wisconsin
North Western Agency S. Peters
Upper Mississippi June 16th, 1839
Governor
I have been earnestly selected by a number of the respectable half breed Chippewas resident, and others of the Mississippi, interested in the $100,000 set apart in the treaty of July 29, 1837 of S. Peters, to ask for such information as to their final disposal of this Sum, as may be in your possession.
The claimants referred to have learned through the medium of an unofficial letter from the Hon Lucius Lyon to H. H. Sibley Esqr. of this Post, that the funds in question as well as the Debts of the Chippewas to the traders was to be distributed by him as the Commissioner of the United States at Lapointe on Lake Superior, and for this purpose should reach that place on or about the 10th of July. The individuals Seeking this information are those who were were so greatly instrumental in bungling your labours at the treaty aforesaid to a successful issue in opposition to the combinations formed to defeat the objects of the government.
There remains 56,000$ in specie at this post being the one half of the sum appropriated or applicable to the objects in contemplation, and upon which the authorities here have had as yet no official instructions to transfer some special information would relieve the minds of a miserably poor class of people and who fear the entire loss of their just claims.
With high respect, Sir
your mo obt Sevt
Law Taliaferro
Indn Agent
at S. Peters
His Excellency
Gov Henry Dodge
Suprt of Ind. Affairs
for Wisconsin
North Western Agency S. Peters
Upper Mississippi June 17th 1839
Governor
On the 20th of May past I dispatched Peter Quin Express to the Chippewas of the Upper Mississippi with a letter from Maj D. P. Bushnell agent for this tribe at Lapointe notifying the Indians, and half breeds that they would be paid at Lapointe hereafter, and at an earlier period than the last year. I informed you of the result of his mission on the 10th inst. enclosing at the same time the written sentiments of the principle Chief for his people. I now forward by Express a second communication from the Same Source received late last night. I would make a plain copy, but have not time. So the original is Sent.
In four days there will be a large body of Chippwas here, and they cannot be Stopped. There are now also 880 Sioux from remote Sections of the Country at this Post and of course we may calculate on some difficulty between these old enemies. Your presence is deemed essential, or such instructions as may soothe the Angry feelings of the Chippewas, on account of the direction given to their annuity, & treaty Stipulations.
With high respect Sir
Your mo ob Sevt
Law Taliaferro
Indn Agent
at S Peters
His Excellency
Governor Henry Dodge
Suprt of Indi Affairs
Mineral Point
(NB) The Chippewas are to be understood as to the point of payment indicated to be the St.Croix, and not the S.Peters, as deemed by the written Talks. It never could be admited in the present state of the Tribes to pay the Chippewas at this Post, but they might with safety to all parties be paid at or above the Falls of S.Croix, by an agent who they ought to have or some special person assigned to this duty.
Elk River, June 3rd 1839
Maj Toliver. Maj Plimpton.
My respects to you both, and my hand: I am to let you know that I intend to pay you a visit, with my chiefs as braves, the principle of my warriors are verry anxious to pay you a visit.
The above mentioned men are verry anxious to see Gov. Dodge with whom we made the treaty, that we may have a talk with him. It was with him commissioner of the United-States we made the treaty, and we are verry much disappointed to hear the newes, we hear this day (IE that we must go to Lake Sup. for our pay) which we have this day decided we will not do; that we had rather die first: it is on this account we wish to pay you a visit, and have a talk with Gov. Dodge. You sir, Maj Toliver know verry well our situation, and that the distance is so great for us to go to Lake Sup. for to get our pay &c. or even a gun repaired; that it is inconsistent for such a thing to be required of us; even if we did literally place the matter in the hands of Government. We are all living yet that was present at the treaty when we ceded the land to the Unitedstates, and remember well what was our understanding in the agreement.
We now wish Maj Toliver; to mention to your children that it is a fals report that we had any intention to have more difficulty with the Sioux, as our Missionaries can attest as far as they understand us. We will be at the Fort in seventeen days to pay you a friendly visit as soon as we received the news; we sent expressed to our brethren to meet us at the mouth of Rum Riv. and accompany us to the Fort.
It is my desire that Maj Plimpton would keep fast hold of the money appropriated for my children the half breeds, in this section, and not let it go to Lake Sup. as they are like ourselves and it would cost them a great deal to go there for it.
Pah-ko-ne-ge-zeck or Hole in the Day
Maj Toliver
Maj Plimpton
Elk River June 14 1839
Maj L. Toliphero,
My hand, It is twelve dayes since we have the newes and are all qouiet yet. My father I shall not forget what was promiced us below, I think of what you promiced us when you were buing our lands.
My father this is the thing that you & we me to take care of when you bougt our lands & I remember all that you said to me. My father I am the cheif of all the Indians that sold there land and this is the time when all of your children are coming down to receive their payment where you promiced to pay us.
My father I am the cheif and hold the paper containing the promices that you made us. The Gov. D. promised us that in one year from the date of the treaty that we should receive our first payment and so continue anually.
My father; I have done for manny years what the white men have told me and have done well, and now I must look before we are to know what I have to do.
When I buy anything I pay immediately the Great Spirit knows this Now when we get below we are expecting all that you promiced us Ministers and Black Smiths and cattle.
I say my father that we want our payment at St Peters where you promiced us. I said that I wanted the half breeds to be payed there with us. I told you that when the half breeds were payed that there was some French that should have something ((ie) of the half breed money) because they had lived with us for many years and allways gave us some thing to eat when we went to their houses.
My father all of your children are displeased because you are to pay us in another place and not at St Peters it is to hard and far for us to be payed at Lapointe.
My father I did not know that the payment was to be made at Lapointe until we heard by Mr Quin.
My father it is so far to Lapointe that we should lose all of our children before we could get their and if we should brake our Gun we may throw it in the water for we cannot go there to get it mended, and if we have a [illegible] holding a coppy of the Treaty in his hand
Black Smith we want him here and not at Lapoint.
My father I want that you should tell me who it was told you that we all wanted our payment at Lapoint. All of the Cheifs are alive that hear what you said to us below. You Mr Toliphero hear me ask Gov Do’ for an Agen and to have him located here and he promiced that it should be so. I want that the Agent should be here because our enemies come here sometimes and if he was here perhaps they would not come. My father we are all of us very sorry that we did not ask you to come and be our Agent. I don’t know who made all of the nois about our being payed at Lapoint. I don’t look above where we should all starve for our payment but below where the Treaty was made.
My father give my compliments to all of the officers at the Fort.
Hole in The Day X
Maj L Toliphereo
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
Chequamegon History 