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The Place

The land and its taking — the plot at the gazetteer point

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Every place in this county sequence gets the same question put to its ground: by what cession did the United States take this soil from the people who held it, and does the treaty text, read at the place's own point, actually say so? For Notre Dame the inherited answer in the county build is the Treaty of Chicago of 1821, Royce Area 117. The answer was not inherited here unexamined. It was re-plotted from the treaty text at the place's gazetteer point — about 41.701° N, 86.240° W, inside the census frame set out above — and the plot is printed with its working, because at this place the margins are close enough that the working is the story.

The treaty is the one "made and concluded at Chicago" on 29 August 1821 between Lewis Cass and Solomon Sibley for the United States and "the Ottawa, Chippewa, and Pottawatamie Nations" — 7 Stat. 218, proclaimed 25 March 1822, public domain as a federal statute. Article 1 cedes all the land within a boundary that begins, in the statute's own words (quoted briefly, with citation, from the public-domain text): "Beginning at a point on the south bank of the river St. Joseph of Lake Michigan, near the Parc aux Vaches, due north from Rum's Village, and running thence south to a line drawn due east from the southern extreme of Lake Michigan, thence with the said line east to the Tract ceded by the Pottawatamies to the United States by the Treaty of Fort Meigs in 1817…" From the end of that southern line the boundary follows the edges of the former cessions north to the Grand River, goes down the Grand on its north bank to Lake Michigan, follows the lake shore back to the mouth of the St. Joseph, and closes up the St. Joseph's south bank to the beginning. Charles C. Royce's federal compilation of Indian land cessions numbers this cession Area 117 and describes it, in his Indiana pamphlet of 1881, as the cession of 29 August 1821 "indicated by green lines, and mostly in Michigan" — mostly, but not wholly: a standard study of the Potawatomi reservations confirms that the cession "also included a small area in northern Indiana," and the Indian Claims Commission, in Docket 29-K (decided 2 December 1964), found as fact that Royce Area 117 was ceded by this treaty, with aboriginal title in its southern part in the St. Joseph Band of Potawatomi.

Now plot the point against the four sides. South side: the southern boundary is the parallel drawn due east from the southern extreme of Lake Michigan — a line at about the latitude of the lake's southern tip, roughly 41.62° N. The gazetteer point, at 41.701° N, stands about five and a half miles north of that parallel: inside. West side: the western boundary is the meridian dropped south from the beginning point near the Parc aux Vaches. That landmark — a Potawatomi and French trading ground on the St. Joseph River, where the treaty itself grants a section to Madeline Bertrand "at the Parc aux Vaches, on the north side of the river St. Joseph" — is placed by the record in the Niles–Bertrand reach of the river, a few miles upriver (northeast) of the lakes; its meridian falls at roughly 86.25°–86.27° W. The gazetteer point at about 86.240° W stands east of that meridian — inside, but by a margin of only about a mile, the closest edge in the whole plot, and the reason this ground could not simply inherit the county's verdict without the working being shown. East side: the southern line, run east, strikes the western line of the 1817 Fort Meigs cession (Royce Area 88) — the Claims Commission's findings say expressly that "the south line of the cession strikes the west line of the 1817 (Ft. Meigs) cession (Royce 88)" and runs north from there. Notre Dame lies far west of that 1817 line. North side: the point is far south of the Grand River and of every former-cession edge the northern boundary follows. On all four sides the point falls within the described polygon.

The 1817 relation, printed plainly because the county sequence has elsewhere confused it: the Treaty of Fort Meigs of 1817 is not the cession that took this ground. It enters the 1821 text only as a surveying reference — the eastern terminus the 1821 south line was to run to. The operative taking of the Notre Dame ground is the 1821 treaty alone, and the verdict of the plot is: the ground of the Notre Dame CDP lies inside Royce Area 117, ceded to the United States by the Ottawa, Chippewa and Potawatomi in the Treaty of Chicago, 29 August 1821 (7 Stat. 218) — the same verdict the county build carries for this ground, here verified at the point rather than inherited, with its one close margin (the Parc aux Vaches meridian, about a mile west of the point) stated rather than smoothed over. Two qualifications belong to the plot itself. First, a cession is a taking of the tribal title, not a conveyance of the soil to any later owner: between the 1821 cession and any private or institutional title stands the federal survey and sale, and the particular chain by which the mission tract at the lakes passed from the United States to Father Badin and onward stands in the university fragment of this record, at pointer — it is not retold here. Second, the treaty reserved and granted tracts out of the cession — six band reservations under Article 2, all in Michigan on the study cited above, and individual grants under Article 3, twelve of them in Indiana in Elkhart and St. Joseph counties. No reservation or grant at the two lakes themselves was identified in the sources read for this article; whether any Article 3 grant touches the CDP ground is a question the full Royce plate and the treaty's grant list, read parcel by parcel, would settle, and it is carried as an open point in the wave note rather than silently assumed away.

The survey that followed the taking is the frame the place still lives in. Under the Second Principal Meridian system that governs this part of Indiana, the CDP ground spans two survey townships and two ranges: the main university ground in Township 38 North, Range 3 East (its southern sections, 31 and 32, in Clay Township — a South Bend annexation ordinance of 2006 describes campus-edge land as part of Section 31, T. 38 N., R. 3 E., Clay Township, and part of Section 6, T. 37 N., R. 3 E., Portage Township, which is the survey's own statement of where the township line crosses the campus's southern edge), and the western colleges' ground in Township 38 North, Range 2 East, where federal project plans label Sections 35 and 36, T. 38 N., R. 2 E., as Portage Township. The Clay–Portage split, measured by those lines, is therefore not a straight cut: the civil boundary follows the survey grid with a jog — Portage Township reaches north on the Range 2 East side, where Saint Mary's and Holy Cross stand, while Clay takes the Range 3 East ground north of the T. 37/38 line, where the university stands. The east–west line between the civil townships on the university side runs along the campus's southern edge, in the line of Angela Boulevard and Edison Road; the St. Joseph River does the rest of the western dividing, since Saint Mary's ground lies across the river from the university's. The Census Bureau does not publish, in the sources retrieved for this wave, a part-by-township acreage or population for the CDP; the exact split in acres is a gap named in the wave note, with the document that settles it.

The geography inside the frame is the geography the mission chose. The St. Joseph River — the river of the treaty text, flowing from the east, bending north at South Bend and then west and north again toward Lake Michigan — forms the place's western and southwestern edge: Badin's 1835 conveyance of the mission tract described it, in the extract preserved in the university archives, as land "on the east side of St. Joseph river," embracing "two small lakes of about 60 acres." The two lakes, St. Mary's and St. Joseph, sit in the CDP's interior, glacial lakes in the kettle country of the county's north tier, together accounting for most of the CDP's 0.066 square miles of census water. River on the west, lakes in the middle, the Michigan state line about four miles north: that is the whole physical description of the place, and everything built here since 1830 has been fitted inside it.

Sources: Treaty with the Ottawa, etc., 1821, 29 Aug. 1821, 7 Stat. 218 (Kappler text via Oklahoma State University treaties collection; Article 1 boundary and Article 3 Bertrand grant quoted/paraphrased from the public-domain statute). C. C. Royce, "Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana" (1881), cession No. 18 (Indiana numbering) = Royce Area 117. Indian Claims Commission, Docket 29-K, 14 Ind. Cl. Comm. 329 (1964) (Royce Area 117; south line strikes the west line of the 1817 Fort Meigs cession, Royce 88). Potawatomi Reservations in Indiana and Illinois, 1818–1832 (study; 1821 cession "primarily… southwestern Michigan… also included a small area in northern Indiana"; Article 2 reservations in Michigan; twelve Article 3 grants in Indiana). City of South Bend Ordinance 9713-06 (2006) (Section 31, T. 38 N., R. 3 E., Clay Twp.; Section 6, T. 37 N., R. 3 E., Portage Twp.). INDOT Coal Line Trail plans (Sections 35–36, T. 38 N., R. 2 E., Portage Twp.). Brother Aidan's Extracts, University of Notre Dame Archives (Badin's 1835 conveyance extract: east side of St. Joseph River; two small lakes of about 60 acres).

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Source: The land and its taking — the plot at the gazetteer point, Moosed History by Project Moosed, https://history.projectmoosed.com/usa/midwest/indiana/notre-dame/the-place/land-and-its-taking-the-plot-at-the-gazetteer/