The story of the Ho-Chunk Nation, also known as the Winnebago Tribe, is intricately woven with a series of treaties negotiated with the United States government. These agreements, numbering six in total, profoundly shaped the tribe’s history, land ownership, and cultural identity. The early treaties, born from a desire to establish peace and define intertribal relations, stand in stark contrast to later agreements that resulted in significant land cessions and forced removals. Understanding these treaties is crucial to comprehending the complex relationship between the Ho-Chunk and the United States.
Early Treaties: Seeking Peace and Defining Boundaries
The initial three Ho-Chunk Treaties focused on establishing a fragile peace and navigating the turbulent landscape of intertribal relations in the early 19th century. The first of these, signed in 1816, was a direct response to the hostilities fueled by the War of 1812. The Ho-Chunk, siding against the United States in that conflict, found themselves needing to reconcile with the victorious nation. This treaty aimed to formally end the wartime animosity and establish a foundation for future relations, however tenuous.
The aftermath of the War of 1812 saw a rise in intertribal conflicts across the Midwest. Tribes, vying for hunting grounds and seeking retribution for past grievances, engaged in frequent warfare. Recognizing the destabilizing effect of this unrest, the United States sought to mediate and establish clear boundaries between the various nations. This led to the landmark Treaty of Prairie du Chien in 1825.
The 1825 Treaty of Prairie du Chien was a significant multilateral agreement. The Ho-Chunk, alongside other major tribes like the Ojibwe, the Sauk and Fox, the Santee Dakota (Sioux), and the "Indians of the Illinois River," participated in this grand council. The primary objective was to delineate and solidify territorial boundaries between these often-warring groups. By agreeing to these defined territories, the United States hoped to reduce conflict and promote a more stable environment for westward expansion. While this treaty was a significant step, it did not address all existing disputes.
One particularly contentious issue remained unresolved: the land claims of three New York tribes – the Oneida, Stockbridge-Munsee, and Brothertown – against the Ho-Chunk and Menominee. These New York tribes had migrated westward and sought to establish themselves on lands traditionally used by the Ho-Chunk and Menominee, leading to friction and legal challenges.
The New York Indian Land Dispute and the Treaty of Butte des Morts
The core of the dispute lay in two earlier treaties, signed in 1821 and 1822, between the New York tribes and the Ho-Chunk and Menominee. In these agreements, the New York tribes ostensibly purchased a substantial portion of land from the Ho-Chunk and Menominee. However, the Ho-Chunk and Menominee later argued that they had been misled about the extent of the land being ceded.
The Ho-Chunk and Menominee claimed they believed they were only granting the New York tribes permission to reside on their land, not transferring ownership. They asserted that the 1821 treaty, in reality, ceded approximately 860,000 acres, and the 1822 treaty a staggering 6.72 million acres, including a significant portion of the western shore of Lake Michigan. The sheer scale of the alleged cession sparked outrage and protest from the Ho-Chunk and Menominee.
Their protests were so vehement that the U.S. Senate refused to ratify either the 1821 or 1822 treaties, leaving the issue unresolved. To address this ongoing dispute, another treaty council was convened in 1827 at Little Lake Butte des Morts in Wisconsin.
The Treaty of Butte des Morts aimed to reaffirm the existing boundaries between the Menominee, Ho-Chunk, and Ojibwe, but it failed to resolve the underlying conflict with the New York tribes. Despite the lack of a definitive solution, the treaty did establish a commission to investigate the matter and provide recommendations to the President for a final decision.
Although representatives from the New York tribes were not present at the Butte des Morts council, the Ho-Chunk and Menominee agreed to the proposed commission. As compensation for their participation, the Ho-Chunk, Menominee, and Ojibwe collectively received $15,682 in goods and $3,000 designated for the establishment of schools within their communities.
Subsequently, between 1831 and 1832, a series of three treaties were negotiated that ultimately granted land to the New York tribes. However, the Ho-Chunk did not sign these final treaties, as the land cession was solely undertaken by the Menominee. The New York Indian issue would remain a source of tension and resentment for years to come.
Land Cessions and the Treaty of 1829
Even after signing the 1816 peace treaty, many Ho-Chunk remained distrustful of the United States’ intentions. This distrust was further fueled by the U.S. government’s failure to prevent the illegal encroachment of thousands of white miners onto Ho-Chunk lands in southwestern Wisconsin during the 1820s. These miners sought to exploit the region’s rich lead ore deposits, disregarding the Ho-Chunk’s territorial rights.
The government’s inaction deeply angered many Ho-Chunk, including a prominent leader named Red Bird. In response, Red Bird led a short-lived uprising against the United States, protesting the violation of their treaty rights and the exploitation of their land. The U.S. Army quickly suppressed the uprising, and to prevent future disturbances, federal officials sought to purchase the Ho-Chunk’s valuable mineral-rich lands.
Faced with mounting pressure, the Ho-Chunk reluctantly agreed to cede their land in an 1829 treaty. In exchange for this cession, leaders of the uprising received pardons, sparing them from the death penalty. The tribe was also promised a thirty-year annuity of $18,000, along with provisions like three thousand pounds of tobacco and fifty barrels of salt. They received a one-time gift of $30,000 in goods, including guns, cooking utensils, and cloth. The United States further pledged to establish and maintain three blacksmith shops for the tribe for thirty years and paid off $33,000 of the tribe’s debts to local traders.
The Black Hawk War and Further Land Cessions: The Treaty of 1832
The Black Hawk War of 1832 provided the United States with an opportunity to pressure tribes into ceding even more of their ancestral homelands. This included compelling the Ho-Chunk to sell additional land in southern Wisconsin.
The 1832 treaty left the Ho-Chunk in possession of their lands north of the Wisconsin River, but the United States hoped to relocate the tribe westward to an area known as the Neutral Ground in Iowa. This tract of land had been acquired from the warring Sauk and Fox and the Santee Dakota in 1830 to serve as a buffer zone between the two nations. Federal officials believed that moving the Ho-Chunk into this region would help maintain peace. The treaty even offered free food for thirty days to those Ho-Chunk who agreed to relocate to the Neutral Ground.
In addition to gaining ownership of the Neutral Ground, the Ho-Chunk received $10,000 annually for twenty-seven years as part of the 1832 treaty. The United States also promised to establish and maintain a school and a farm near Prairie du Chien for twenty-seven years, with the aim of teaching the Ho-Chunk agricultural skills. While some Ho-Chunk did move to the Neutral Ground following the treaty, many others simply relocated to Ho-Chunk lands north of the Wisconsin River, resisting the government’s relocation efforts. The Ho-Chunk Treaties‘ impacts were uneven and often resisted.
The refusal of a significant portion of the tribe to move to Iowa necessitated yet another treaty negotiation.
The Final Land Cession: The Treaty of 1837
In 1837, a treaty was negotiated in Washington, D.C., whereby the Ho-Chunk ceded the last of their Wisconsin lands to the United States. This marked a profound turning point in the tribe’s history, effectively ending their recognized land ownership within their ancestral territory.
The treaty provided the tribe with $1.5 million, but with numerous stipulations. The government placed $1.1 million in trust, with the tribe receiving the interest as an annuity of approximately $55,000 per year. However, this money was earmarked to support schools, agricultural teachers, a grist mill, and medical services.
The remaining funds were designated for the tribe, but only $20,000 could be paid in cash, with the rest provided in goods and food over a period of twenty-two years. An additional $400,000 was set aside to settle outstanding debts the tribe had allegedly incurred with traders and other individuals.
The amount repaid likely exceeded the actual debts due to fraudulent claims submitted by traders and merchants. In 1838, the War Department appointed Simon Cameron, a federal commissioner, to investigate these claims. However, Cameron allegedly abused his position for personal gain, with an Indian agent claiming that he pocketed between $60,000 and $100,000 in kickbacks during the investigation. This added another layer of injustice to the already fraught treaty process. The Ho-Chunk Treaties were often marred by corruption.
In addition to cash payments, the tribe was granted the right to hunt on a small portion of the Neutral Ground, but without gaining title to the land. Subsequently, the government purchased this land from the Ho-Chunk and relocated them to land in Minnesota, then South Dakota, and finally Nebraska.
Removal and Resistance
Following the 1837 treaty, the United States began forcibly removing the Ho-Chunk from Wisconsin. However, many resisted, claiming they had been misled during the treaty negotiation. They believed they had been given eight years to leave, when in reality, they were given only eight months.
The government attempted to remove them multiple times, but many Ho-Chunk simply returned to Wisconsin, clinging to their ancestral lands. The Ho-Chunk who remained in Wisconsin were essentially considered Indians without a tribe. Consequently, in the 1870s and 1880s, they were forced to take forty-acre homesteads, similar to white settlers, to maintain their presence in the state.
Unlike the Ojibwe, none of the Ho-Chunk Treaties reserved rights for the tribe to hunt, fish, or gather on their ceded lands, further diminishing their traditional way of life.
The Wisconsin Ho-Chunk gained federal recognition in 1963, and the reservation territories the tribe owns are federal trust lands, similar to other Indian lands. However, their reservations were not established by treaty, as were those of the Menominee, highlighting the unique and often challenging path of the Ho-Chunk Nation. The history of the Ho-Chunk nation is in many ways defined by these Ho-Chunk Treaties.
