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Tucker Patrick Opinion on the Removal of the Ottawa of Ohio Westlaw 2007.pdf

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Federal court case on the Ottawa Tribe of Oklahoma vs. The Ohio Department of Natural Resources concerning aboriginal rights to Ohio lands. Court requested expert testimony on whether the Ottawa of Ohhio were voluntarily or forcible removed by the
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  For Opinion See 447 F.Supp.2d 835United States District Court, N.D. Ohio.OTTAWA TRIBE OF OKLAHOMA,v.OHIO DEPARTMENT OF NATURAL RE-SOURCES.No. 05CV07272.March 30, 2007.Opinion on the Removal of the Ottawa of Ohio:Voluntary or Forced Name of Expert:  Patrick M. Tucker Area of Ex-pertise:  Social Science >> HistorianSocial Science-Historian Case Type:  Agriculture & Forestry >>Other Agriculture & ForestryAgriculture &ForestryOther Agriculture & Forestry Case Type: Environmental >> Endangered Animal/ProtectedHabitatEnvironmentalEndangered Animal/Protec-ted Habitat Jurisdiction:  N.D.Ohio Representing: Plaintiff The Treaties of August 30, 1831 at Miami Bay of Lake Erie and February 18, 1833 at Maumee, Ohiowere the final treaties between the Ottawa of Ohio(known as the Ottawa of the Maumee, Roche deBoeuf, Wolf Rapids, Oquanoxa's Village, Blan-chard's Fork, Great AuGlaize, and Little AuGlaizeRivers) and the United States government prior totheir removal to Kansas Territory between 1832and 1839. At the time of these two treaties, theOhio Ottawa resided on Royce Areas 15, 19, 169,170, 182, and 183 which totaled some 101,862acres in northwest Ohio. The Ottawa of Ohio usedmany more lands east to the Huron River and westto the state boundary in northern Ohio in theirwinter treks for hunting, trapping, fishing, and mak-ing maple sugar.It is my opinion that the chiefs, headmen, and nat-ive leaders of these Ottawa bands who signed thesetwo treaties, evidenced by their totems or marks,did so under forced, pressured, or coerced condi-tions which influenced their decision to removewest of the Mississippi River in 1832, 1837, and1839. This was contrary to their expressed will andintention to remain on the lands of their traditionaluse and occupancy since the days of the OttawaPontiac and Attawang, who with their followers,settled in the Maumee Valley of Ohio in October of 1763.Although most of the Ohio Ottawa were forcibly re-moved to Kansas Territory, some decided to go toWalpole Island in the Sarnia Reserve of Canada atthe invitation of kinsmen, and some Ottawa simplyrefused to go and remained in Ohio. Those Ottawathat existed as separate bands in Ohio who went toKansas Territory during the 1830s became unitedinto one corporate entity or tribe known as the Ott-awa of Blanchard's Fork and Roche de Boeuf.These Ottawa were again removed to OklahomaTerritory in 1868 by the United States government.On November 30, 1938 the Ottawa of Blanchard'sFork and Roche de Boeuf became federally recog-nized as the “Ottawa Tribe of Oklahoma.”What circumstances and conditions influenced theseparate bands of Ottawa to be removed from Ohioby the United States government? The circum-stances and conditions are explained as follows.The American Government's Plan to Make WhiteCitizens of the Ohio OttawaBetween 1796 and 1819 the United States govern-ment had a plan to civilize and Christianize the In-dians that lived east of the Mississippi River. Thegoal was to fully integrate the Indians into whitesociety. Civilization and Christianization meant thatthe Ottawa of Ohio would have to give up their tra-ditional semi-sedentary lifestyle of hunting, fishing,trapping, gathering, and horticulture for a perman-ent, sedentary lifestyle living in cabins or houses,dressing and eating as Americans of the period, go-ing to school (to learn to read, write, and speak English), and to convert to Christianity forsakingtheir traditional religious beliefs and ideology. Sucha plan would make it easier for the American gov-ernment to gain title to Indians lands.2007 WL 2212855 (N.D.Ohio) Page 1 (Cite as: 2007 WL 2212855) © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.  The American government established its own tradehouses (called Indian factories) at points on thefrontier in an attempt to control and prevent unlaw-ful and unjust intercourse with the Indians byprivate traders. Goods were purchased on openmarkets in major cities and shipped to the tradehouses, and furnished to the Indians at low prices inexchange for furs and pelts.Fourteen government trade houses or factories wereestablished between 1796 and 1808. In the MaumeeRiver area, factories were established at Detroit(1802-1805), Fort Wayne (1802-1822), and San-dusky (1806-1822) where the local merchants werehostile to these stores due to the competition it cre-ated. Over time, the Indians would adopt the mater-ial culture and lifestyle of white Americans on theroad to being fully integrated into American societyand culture. While the Indians adopted a greatmany items of American manufactured goods,many Indian groups resisted efforts to fully integ-rate themselves into white society at the loss of their corporate, Indian identity. The Ohio Ottawawere no exception.The Civilization Act passed by Congress in April of 1819 opened the door for more concerted efforts toChristianize the Ohio Ottawa. The American gov-ernment funded various Christian religious societiesto open missionary schools for the Indians to edu-cate and indoctrinate them into Christian religiousbeliefs and ideology (United States Congress1832-1861, cl. 2, 2:457-459).The board of trustees of the Western MissionarySociety of Pittsburgh presented a petition to theCongress of the United States in February 1822 fora section of land on the Maumee River in Ohio.This society proposed, and eventually erected,buildings and other improvements for the purposeof bringing the arts of civilized life and the know-ledge of the Christian religion to the Ottawa. Thesociety established a Presbyterian mission andschool called  Ebenezer   six miles upriver of Perrys-burg on the south bank of the Maumee River inNovember of 1822. The society received an addi-tional $800 from the American government in addi-tion to its annual appropriation of $300 for the mis-sion and school. The mission was headed by theReverend Isaac Van Tassel and his wife, and wassituated on elevated ground which contained 650acres of heavily timbered land with 50 acres clearedand enclosed by a wooden fence (United States Na-tional Archives 1959, record group 75, microcopy234, roll 419, frames 0336-0344, 0641 0649; Marshn.d.a; United States Congress 1832-1861, cl. 2,2:459, 522-524). There were several wooden framebuildings constructed which consisted of a main,two story residence that contained a hall or diningroom with a kitchen and five bedrooms, a schoolhouse, a stove house, blacksmith shop, and horsestable. In 1823, there were 21 teachers and 10 Indi-an scholars. In 1825, there were 29 Indian scholars(17 males and 12 females between the ages of 6 and27) of 3/4 to 1/4 degree of Indian blood. In 1831,there were 31 Indian scholars (17 males and 14 fe-males) mostly from the Ottawa bands of the localarea, and five white students whose parents paidtheir own tuition. Students were instructed in Chris-tianity, reading, writing, arithmetic, geography, andagriculture. The agricultural department of theschool taught the Indian students the expediencyand necessity of using substantial enclosures to pro-tect their crops. Of the 50 acres cleared at the mis-sion/school, 37 were planted with corn and pota-toes, and the remainder reserved for pasture. Live-stock consisted of 44 horned cattle, 28 sheep,150-200 hogs, and two horses. The agricultural pro-gram also experimented with the silk worm in-dustry. Mulberry trees were indigenous to the areaand their leaves were used to feed silk worms forthe production of unrefined silk. Much of the laborwas performed by the older Indian boys who werefound to be more willing and industrious in agricul-tural pursuits.The mission was transferred to the United ForeignMissionary Society on October 25, 1825, and con-solidated with the American Board of Commission-ers for Foreign Missions in June of 1826. ThomasL. McKenney, Commissioner of the Office of Indi-an Affairs in the War Department, stated in his an-nual report for 1826 that the Ebenezer missionschool on the Miami River was “... known to be a2007 WL 2212855 (N.D.Ohio) Page 2 (Cite as: 2007 WL 2212855) © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.  model in all that is excellent in every branch of teaching. Nothing can be more interesting, or tothat region more valuable, than this school.”(United States Congress 1832-1861, cl. 2, 2:675).Although the mission school produced some 90 In-dian graduates from 1823 to its closing in 1835, theAmerican government undercut its purpose andlongevity when it decided that removal of the Indi-ans in the states and territories to west of the Mis-sissippi River was the ultimate solution to the Indi-an problem. VanTassel convinced his missionboard in October of 1833 to offer a portion of themission lands on the Maumee River to the Ottawawho did not want to remove to Kansas Territoryafter the 1833 treaty (VanTassel 1833:469). Theboard consented provided the Ottawa who wishedto remain would erect buildings, open agriculturalfields, abandon their unsettled lifestyle, avail them-selves of religious instruction and education fortheir children, and stop the consumption of alcohol.Only 10-12 Indian families showed any interest inVanTassel's proposition of the 600-700 Ottawa thatresided on the lower Maumee River at that time.Additionally, this plan met with adverse reactionfrom members of the local white population whoincreased the number of liquor shops for the sale of alcohol to the Ottawa which caused them to becomemore dissipated, and less inclined to labor. TheReverend Cutting Marsh, one of the missionschool's Presbyterian ministers, observed that veryfew Ottawa, male or female, were not addicted toalcohol (Marsh n.d.b).There was substantial resistance by the MaumeeRiver Ottawa to become fully civilized and incor-porated into American frontier culture despite theintense pressure exerted upon them by the Americ-an government (Stothers and Tucker 2006:200).The  Ebenezer   mission school and the Americangovernment's efforts to civilize and Christianize theMaumee Ottawa only helped a few mixed-bloodOttawa families attempt to make the transition fromIndian to white, and this completely failed when thegovernment decided upon removal.The United States Congress held debates on wheth-er or not to abandon the Indian civilization and edu-cational programs instituted by religious societieswith government funding during 1819 and 1820. By1825, the American government had decided to im-plement a plan for removal of the Indians in thestates and territories west of the Mississippi River.And, when newly elected President Andrew Jack-son signed the Indian removal bill that passedthrough Congress in 1831, the Ebenezer mission,along with thirteen other mission schools in thecountry, were doomed to failure and extinction.The Reduction of Ottawa Reservations and Landsin OhioThe Ottawa of Ohio underwent a steady decrease intheir acreage of lands used to support a semi-sedentary lifestyle. The decease in reservations andIndian lands for the Ottawa meant a decrease in ba-sic food resources acquired through hunting, fish-ing, trapping, gathering, and horticulture to providefood for their families, and periods of starvation fortheir children.The Ohio Ottawa participated in nine treaties withthe United States government from 1795 through1833 (Table 1). These treaties were the result of Ot-tawa indebtedness through private and government-sponsored trade houses that made it easier for theAmerican government to obtain land cessions forwhite settlers.In 1795, it is estimated that the Greenville treatyresulted in the loss of two-thirds of native lands inOhio to the American government. The Ottawamaintained an interest, with other native groups, to8,958,160 acres (Royce Areas 53, 54, 66, 87, and88). They were granted 115,200 acres (Royce Areas15 and 18) reserved specifically for their use andoccupancy by the Greenville treaty in the MaumeeValley for the joint sale of two-thirds of Ohio.In 1803, President Thomas Jefferson wrote to Wil-liam Henry Harrison, Governor of the Indiana Ter-ritory, and stated that to promote the exchange of lands from Indian possession to the American gov-ernment it would be necessary to provide the Indi-ans with essential goods and commodities they2007 WL 2212855 (N.D.Ohio) Page 3 (Cite as: 2007 WL 2212855) © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.  wanted by trade and credit in order to force indi-viduals into debt beyond what they could pay(Carter 1934-1944, 7:90-92). Such indebtedness onthe part of the Indians would make their leadersmore willing to sell their lands at treaties to allevi-ate their financial indebtedness and obligations togovernment and private traders alike.In 1805, the Treaty of Fort Industry on the MaumeeRiver witnessed the loss of almost 50 percent(4,090,218 acres - Royce Areas 53 and 54) of theremaining Ottawa lands (in joint use and occupancywith other native groups) to the United States andagents of the Connecticut reserve. In accordancewith article 6 of the 1805 treaty, the Indian nationssignatory to this treaty (of which the Ottawa of theMaumee River were represented) maintained hunt-ing and fishing privileges to lands ceded to theUnited States (i.e., Royce Area 54).The Treaty of November 17, 1807, at Detroit sawthe sale of 384,640 acres (Royce Area 66) that in-cluded their lands in southeastern Michigan thatbordered Detroit.The remaining half of Ottawa lands (4,608,819acres) were sold to the American government at theTreaty of September 29, 1817 at the foot of the rap-ids of the Miami River (Maumee River). By 1817,the Ottawa were confined to six small reserveswhich they were forced to cede in 1831 and 1833(see Stothers and Tucker 2006: 53 Table 2, 55-57Table 3; Royce 1899; Downs 1975; United StatesCongress 1848a, 1848b, 1846; Feest and Feest1978:777-778; Bauman 1949; Schoolcraft1851-1857, 1:483; Foreman 1946).In summary, the Ottawa of Ohio lost 27,293,219.38acres of land in Ohio used for hunting, trapping,fishing, planting, gathering, and maple sugaringwithin 38 years of coming under jurisdiction andcontrol of the United States of America. Such a lossof acreage to a subsistence based economy causedthe Ottawa to undergo periods of hunger, starva-tion, and stress within individual families andbands.The Decline of Ottawa Population in Ohio underthe American GovernmentAmerican efforts to civilize and Christianize theOttawa of Ohio and the growth of white settlementsnear their reservations during the early nineteenthcentury proved devastating to Ottawa band popula-tions.In 1816, John E. Hunt estimated there were 1500Ottawa along the lower Maumee River of Ohiofrom a survey he conducted for Governor LewisCass of the Michigan Territory. (Hunt [1979]:25;Historical Society of Northwest Ohio 1933:80;Wisconsin Historical Society 1854 1931, DraperCollection 21 S: 80). In 1819, John Johnston, Indi-an Agent for the Ohio Agency at Piqua, who had jurisdiction for Blanchard's Fork, Oquanoxa's vil-lage, the Great and Little AuGlaize Rivers, and atRoche de Boeuf reported 270 Ottawa (Johnston1820:270). Overall, there were approximately 2000Ottawa (men, women, and children) in 1816 for thestate of Ohio.Nine years later, in 1825, the Ottawa constitutedabout 6 percent (1877) of some 30,666 NativeAmericans reported living in Ohio and the Territoryof Michigan (see Stothers and Tucker 2006:51, Ta-ble 1 and 224-225, f.n.21 for an explanation of problems with census data reported by Morse,McKenney and Calhoun in Morse 1822:93-94, 362,Table 1; United States Congress 1832-1861, cl. 2,2:145-146).In 1828 and 1829, approximately 350 Ottawa fromOhio emigrated to Sarnia Reserve on Manitoulin Is-land in Lake Huron and Walpole Island in Lake St.Clair, both in Canada, for fear of removal to KansasTerritory by the American government (Bauman1952a:297).In September of 1832, Governor George B. Porter,Michigan Territory, received a letter from JamesJackson, Subagent to the Maumee Ottawa, that re-quested payment to Dr. Oscar White of Maumee,Ohio for vaccination of the Ottawa against the dis-ease of smallpox (United States National Archives1959, record Group 75, microcopy 231, roll 421,Frames: 0122-0124, 0270-0271). White's letter2007 WL 2212855 (N.D.Ohio) Page 4 (Cite as: 2007 WL 2212855) © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.  stated that he was directed by the War Departmentto administer the vaccinations to the Ottawa over aforty mile square tract near the mouth of theMaumee... He found the Ottawa very much dis-eased with rheumatism, ulcers, syphilis, hopingcough, and measles. And, two weeks after he star-ted his vaccinations, smallpox appeared among theOttawa.In 1833, Reverend Isaac VanTassel, Presbyterianminister at the Ebenezer Mission on the MaumeeRiver, reported there were 700 Ottawa left alongthe lower Maumee River “... wholly destitute of country or home” (VanTassel 1833:469).Three groups of Ottawa totaling 353 (191 malesand 162 females) were removed to Kansas Territoryin 1832 (72), 1837 (174), and 1839 (107) (UnitedStates National Archives 1959, roll 427 and roll603:frame 0240; Wolfe [1916]:2; King 1915:373;Barlow and Dawes 1981:18-19).The Ottawa of Ohio during the early nineteenthcentury underwent a steady decline in populationduring the administration of Indian affairs by theAmerican government so that by 1830 the Ottawawere in no position to refuse government offers of removal. Slightly more than 55 percent (1000) of anapproximate total Ottawa population of 2000 estim-ated for Ohio in 1816 had been reduced by 1839(excluding those that relocated to Kansas Territ-ory). This population reduction is attributed to Ott-awa deaths caused by disease, liquor, and intra-band feuding that resulted from alcohol consump-tion.The Growth of White Towns and Villages near Ott-awa ReservesIn 1817, the towns of Perrysburg and Maumee wereestablished at the center of the Twelve MilesSquare Reserve, on opposite sides of the MaumeeRiver. Both towns were commercial centers for theIndian trade in furs, peltries, and maple sugar.In 1825, it was noted that the Maumee River coun-try was a “...novel intermixture of barbarity and re-finement that contained substantial farmhouses andrude log cabins intermixed with Indian wigwams,fields of grain, and forests of tall trees.”(Schoolcraft 1825:31). Census data on northwestOhio for the period 1820-1840 show a substantialincrease in white settlement as a result of immigra-tion from the eastern United States. In 1820, therewere 733 (14 heads of family) white settlers innorthwest Ohio. By 1840, this figure rose to 5, 357white settlers (United States National Archives1967; Ohio Genealogical Society 1989; Andriot1993:515).The opening of the Erie Canal in 1825 which con-nected cities of the Atlantic seaboard with the GreatLakes area fueled westward emigration of Americ-an settlers from an economically depressed easternUnited States that suffered from the effects of hightaxes, loss of property, and a new nationalismcaused by the War of 1812. The availability of cheap, western lands for white settlement func-tioned as a sort of “safety valve” that mitigated de-pressed economic and social conditions of the na-tion.By the 1830s, the Maumee Valley of Ohio bristledwith land speculators and commercial entrepreneursthat sought to establish economic ties between thevalley's small river towns and settlements with east-ern cities like Philadelphia, New York, Boston, andBaltimore. Several small towns occupied the lowerMaumee River from the head of the rapids down-river to Maumee Bay during this period. PortLawrence (now Toledo, Ohio), Maumee City,Perrysburg, and Waterville were the main towns orsettlements that rivaled each other for business andcommercial markets with cities along the Atlanticseaboard (  Maumee Express,  March 25, April 22,May 13, 1837; Buley 1950, 1:10, 540; Mauer1946:22; Greer 1948:228-229; Stothers and Tucker2002).A prime economic factor contributing to the growthand development of the Maumee River towns wasthe construction of a network of canals in the stateof Ohio. By January 5, 1825 the Ohio State CanalCommission had proposed an alternative westernOhio canal route that would run along the Maumee2007 WL 2212855 (N.D.Ohio) Page 5 (Cite as: 2007 WL 2212855) © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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