Campau v. Dewey

• Decision Date: 20 November 1861
• Citation: 9 Mich. 381
• Court: Michigan Supreme Court
• Parties: Joseph Campau and another v. George M. Dewey and another

9 Mich. 381

Joseph Campau and another v. George M. Dewey and another

Supreme Court of Michigan

November 20, 1861

Heard January 9, 1861; January 10, 1861; January 11, 1861; January 12, 1861; January 14, 1861 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]

Error to Saginaw circuit.

The action was ejectment, originally brought by the defendants in error, in the county of Genesee; from which the venue was removed to Saginaw, by an order made April 29, 185 on motion of plaintiffs, and on cause shown by affidavit.

On the trial, before a jury, the plaintiffs [below] read in evidence articles of the treaty made and concluded at Saginaw, between the United States, by their commissioner, Lewis Cass, and the Chippewa Indians, on September 24, 1819; which treaty is to be found in 7 United States Statutes at Large, 203 to 206.

And also adduced evidence tending to prove that, in the year 1820, the premises described in the plaintiff's declaration were surveyed and located under the authority and direction of the president of the United States, as the 640 acres of land reserved by the third article of said treaty of Saginaw, for the use of Tawcumegoqua.

Evidence was also adduced on the part of the plaintiffs, tending to prove that at the time of the said treaty of Saginaw, and for many years prior and subsequent thereto, a band of Chippewa Indians resided at the village of Pewanigowink, on the Flint river, and about ten miles below the grand traverse of that river, in the place where the present city of Flint is located. That during all the time referred to, Neome was the chief of this band, that Tonedogane was the principal warrior or second chief of this band, and succeeded Neome in the chieftainship on his decease. That one Mixanene was also a member of this band, and a brother of Neome, and that Mixanene had a daughter named Tawcumegoqua, who was about six years of age at the time of the treaty, and was a member of Neome's family. That Neome also had three children; two females, Sagosaqua and Owanonaquatoqua, the former about ten or twelve years old at the time of the treaty, the latter a woman grown, and one boy, Ogibwok, who was about fifteen years of age, and a grandson called Metawanene--that all the children named were full-blood Indian children.

That at the time referred to, Jacob Smith had a store near the grand traverse of the Flint river, in which he carried on trade with the Indians of that vicinity, and was a man of considerable influence among them. That Neome, his children and said grandchild, and his band, including Tonedogane, and also Mixanene and his little daughter Tawcumegoqua, were present at the treaty. That Jacob Smith was there also. That on the night prior to the last council, at which the treaty was read over, agreed to and signed, Jacob Smith came to Neome's tent and advised him to get special reservations of land for his children, and promised to assist him in doing so. That at the grand council held the next day between the Indians and General Cass, Neome came forward before General Cass, with his three children, Owanonaquatoqua, Sagosaqua and Ogibwok, and said grandchild Metawanene, and also his niece Tawcumegoqua, Mixanene being with him, and Jacob Smith standing by his side, and asked for reservations of land for these children; that General Cass assented, and that the names of the children were written down, and that it was talked of and understood at the treaty that these children got special reservations of land. The plaintiffs introduced the evidence of several witnesses, tending to show that the Crow, called in the treaty a Chippewa chief, to whom a reservation was made, was a full-blood Indian. That for thirty years or more, subsequent to the treaty, Neome's band continued to reside at Pewanigowink, upon the reservation described in article 2d of the treaty as "one tract of 5,760 acres upon the Flint river, to include Rheaume's (Neome's) village (Pewanigowink), and a place called Kishkawbee." And that during a portion of this time the Indian children above named, including Tawcumegoqua, resided with the band upon this tribal reservation, and a portion of the time Tawcumegoqua, with her family, and another family of said band, resided on the premises in question.

Evidence was also adduced on the part of the plaintiffs, tending to prove that, about the year 1830, the Tawcumegoqua above mentioned was married to an Indian named Kahzheauzungh, by whom she had three children, that she died at some time in the fall of 1848, leaving these children her heirs at law.

In order to deduce title to the premises in controversy from the Tawcumegoqua above named, several conveyances were given in evidence by the plaintiffs, who then called as a witness, Noc-chic-a-me, who, on his direct examination, testified as follows:

"I live below East Saginaw. I am a chief. I was present at the treaty at this place, made with General Cass; was then a man grown up; was acquainted with Neome, Mixanene, and their families. They lived at that time at Pewanigowink. The chief of the Pewanigo Indians was Neome. Neome's children at that time were two, and a grandchild, Owa-non-a-ke-to-qua, Segoss, and Metawanene; the last is the grandchild. Mixanene had one little girl, Tawcumegoqua. Neome and Mixanene had their children at the treaty. I heard at the treaty that the Indians were to get some land. I heard the chiefs speaking of it at the place where they were holding council."

Q. State to whom were individual reservations made?

"John Riley, near the mouth of the river; James Riley opposite, below here; another for the Crow against the island below here; Peter Riley, at Carrolton. The three Rileys were half-bloods, the Crow was a full-blood, afterwards a chief. Others had land reserved on the Flint river; to Owanoneketoqua, Tawcumegoqua, Segoss and Metawanene; the reserves were at Muscatawing (Flint); Peonigowink means Flint. Gen. Cass was present where the talk was, at the wigwam; Neome was present also; (mentions five) and a good many chiefs; can't name all of them. These children were brought forward by Neome to Gen. Cass when the grants were to be made, the Indians consenting. The children's names were Owanmeketoqua, Tawcumegoqua, Segoss and Metawanene, to whom the grants were made. Tawcumegoqua lived at Peonigo after the treaty; Segoss lived at the same place. She is still living; she is present."

On his cross-examination, this witness testified as follows: "Wabaskendip (Henry Conner), interpreted at the treaty; Odabandon also interpreted. Wabaskendip interpreted for Neome at the treaty. He interpreted all the time. There were no half-breeds present. I knew of other half-breeds being there trying to get land. There was one half-breed there by the name of Nawagesick; I don't know where he lived. I know some other half-breeds there now, but I don't care about calling them. I know Wabaskendip. Saw some half-breeds that came from towards Detroit--women; they came desiring lands. Owashamegan, a half-breed Indian woman, got land at that treaty; I don't know how much or where situated. Perhaps it might be at Muscatawing (Flint). She was a grown person."

Q. Was this Owashamegan any relation to Tonedogane?

The counsel for the plaintiffs objected to this question as irrelevant to the subject matter of the direct examination, and the objection was sustained by the court.

"Her father was a Frenchman."

Q. What band did her mother belong to when she was born?

To this question the like objection was made and sustained.

"Did not see Kasegansequa at the treaty to know her by that name."

Q. Did you hear then or shortly afterwards any person say that land was to be reserved for Kasegansequa?

Counsel for the plaintiffs objected to this question, so far as it relates to what was said after the treaty. Whereupon the counsel for the defendants stated that this is for the purpose of showing that the witness said on a former occasion that he heard that Kasegansequa was to have lands, at that treaty or shortly afterwards. The objection was sustained by the court.

The evidence on the part of the plaintiffs having been closed the defendants introduced evidence tending to prove that, during the last half of the last century, a French trader by the name of Bolieu, but generally known to the Indians and by them called Kasegans, resided among the Indians in some part of the territory now embraced within the counties of Oakland, Lapeer and Genesee; that he was married to a full-blood Indian woman (who was related to Neome and Tonedogane) of the Pewanigo band of Indians; that by this woman he had several children, one of whom was a daughter named in French, Angelique, but in Indian, Tawcumegoqua; that on attaining about the age of twelve years this daughter was sent to the white settlement, at or near Detroit, and partially educated; that on attaining womanhood she married a Frenchman named Coutant, and settled near Conner's creek in Hamtramck, Wayne county, where she continued to reside, living after the manner of the French inhabitants, until her death, which occurred at some time between the years 1825 and 1830; that she died leaving two children surviving her: a son, Simon, who married a wife named Mary, and a daughter, Angelique, married to Nicholas Chauvin, who were her sole heirs at law; that during the whole of her residence at Conner's creek ...