While many cession treaties had previously been negotiated between the United States government and Native American tribes during the late 18th century and the early 19th century, those that were negotiated after the ratification of the Indian Removal Act differed by usually including stipulations requiring that the Native American tribes party to the treaty to move west of the Mississippi River.
In such post-Indian Removal Act cession treaties, the United States government agreed to compensate tribes for their lands, liquidate their debts, and assist them in establishing a new permanent settlement west of the Mississippi.
[2] One of the impetuses for the treaty were rumors in the aftermath of the 1832 Black Hawk War that Native Americans were coming into conflict with settlers arriving in Illinois.
[2] Thomas Jefferson Vance Owen (the United States government's Indian agent in Chicago and the president of the Chicago Town Board of Trustees[3]), General Winfield Scott, and George Bryan Porter (the territorial governor of Michigan) all communicated to the Office of Indian Affairs that the rumors and newspaper stories covering them were untrue and unfair.
Among those who receive such instructions were Montfort Stokes, Henry Leavitt Ellsworth, and John F. Schermerhorn, the last of whom been involved in the relocation of the Potawatomi of Indiana to land west of the Mississippi River.
A copy of the letter was also sent to Governor Porter, who expressed the belief that the spending of great expenses would be justified if it secured the cession of the Potawatomi from their lands.
[3] Chicago, then a town in the state of Illinois was selected as the site for a treaty to be negotiated, as it had already long established itself as a consequential trading center, was home to the Fort Dearborn garrison, and was a traditional Potawatomi resort.
On April 8, 1833, Secretary of War Cass appointed the commissioners for the negotiations, naming Michigan Territory Governor Porter, Chicago Indian Agent Thomas Jefferson Vance Owen, and Colonel William Weatherford.
Secretary Cass instructed the commissioners to work to secure the clearance of the entire region of Native American land claims.
[2] Cass called the objective An event equally desirable for us as for them; as it is not possible that they can retain their present position much longer, pressed as they will be by our settlements, and exposed to all the evils which these produce.
Furthermore, Cass declared that no liquor should be involved in the dealings of the treaty's treasury and that its location should be on Native American territory and placed under the protection of the Army's commanding officer at Fort Dearborn.
[2][4] Plans to facilitate the travel of a Native American delegation to inspect land West of the Mississippi ahead of the negotiations were scrapped after appropriations for such an undertaking failed to come through.
[2] During the meeting, it was estimated that 3,000 out-of-town visitors descended on Chicago, including Native Americans, government officials, troops of the United States Army, land speculators, and other travelers to witness the proceedings unfold.
At the beginning of the proceedings, a fire was kindled inside of the council house, and a peace pipe was passed between the federal government's commissioners and the chief and head men of the Native tribes.
[2] Commissioner of Indian Affairs Herring and Secretary of War Cass, considered the treaty to be a significant success for the United States.
[2] Herring told the opening of the Fall 1833 session of the United States Congress: The treaty comes particularly commended in the fact of total cession without any reservation, thereby ensuring the prompt emigration of the Indians.
[2] One reason was that immediately after the agreement was first reached in 1833, accusations of fraud and foul play alleging schemes of self-enrichment were made against individuals that had negotiated the treaty.
B. Kerchavel (the latter being the husband of Maria Forsyth) had been given a virtual monopoly on furnishing goods to the treaty negotiation meetings for which they made a 50% profit.
$9,453 (equivalent to $295,000 in 2023) was appropriated to cover the expenses of an exploratory trip by fifty representatives of the Potawatomi to inspect the land they would be allotted west of the Mississippi.
[12] In 1838, the remaining Potawatomi in the Chicago region were forcibly removed from their village (which was burned) and marched over 660 miles at gunpoint from Indiana to Kansas.