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7 STAT. 317 — TESTED NEGATIVE ON LONGITUDE
The treaty of 20 September 1828 at the Carey Mission took a ten-mile band down the county's east — and ends miles east of this ground. Its first article has two clauses. The first cedes the lakefront tract from the mouth of the St. Joseph up-river and across to the state line: far north, not this ground. The second clause cedes the Indiana band: beginning at a point on the 1817 line due south from the head of the most easterly branch of the Kankakee River — the source country west of South Bend, at about longitude −86.32 — running south ten miles, to about latitude 41.471, then in a direct line southeast to the northeast corner of Flatbelly's reservation, and on with the former cessions to the Ohio line. Plotted, the band's western edge is the boundary of the thing: Walkerton stands eight to thirteen miles west of it under any placement of the Kankakee's head, and the band never reaches this township — the mirror image of the Osceola case, where the same band was tested against ground at the county's east and likewise did not reach it. The Indian Claims Commission's mapping carries this treaty as Royce cessions 145 and 146. Its third-article grants cannot cure the distance: the individual grants — to Sah-ne-mo-quay, to Au-bee-nan-bee two sections, the section holding Louison's house and cornfield, to Kes-he-wa-quay and Navarre, to Madeleine Bertrand, and the rest — are by the article's own terms floating grants, locatable only "upon the second cession," with the Elkheart Prairie excluded within five miles; a grant that could only locate inside the band could never lawfully locate in Lincoln Township, and the one located instance in the sibling record — Navarre's wife's section, in Township 35 North, Range 8 East in Noble County — shows the pattern working as written. The signers stand in the record: To-pen-e-bee, the principal chief; Po-ka-gon; Moran; Louison; Ash-kum. One conflict of this instrument is carried wherever it is cited in this build: Howard dates it 28 September 1828; the treaty itself is dated 20 September 1828, and the treaty's date governs.