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7 STAT. 399 — ROYCE AREA 181 — PRINTED AS THE BACKSTOP, NOT THE TAKER
A second Tippecanoe instrument, signed the next day, stands behind the first. The treaty of 27 October 1832 (7 Stat. 399; Royce Area 181; RIT 177) cedes in its first article all the Potawatomi title in Indiana, Illinois, and Michigan south of the Grand River. The Commission's record explains why: the 26 October instrument had proved defective — it had not embraced the Illinois lands — and the second treaty was amendatory, intended, in the findings' characterization, "to sweep out of existence all title of all known Potawatomis" in the three states. Had the first instrument failed, this one would have taken Lincoln Township with everything else. It did not fail, and the discipline of this section prints the second treaty as what the record shows it to be: the backstop, executed against a defect, not the instrument that took this ground. The third October instrument — the treaty of 20 October 1832 (7 Stat. 378), Royce Area 177 — was tested and is negative without difficulty: it is an Illinois cession, of the Prairie and Kankakee Potawatomi of Illinois, and never purported to touch Indiana ground.