By Peter T. Gayford
In 1833, Billy Caldwell was involved in the creation of Chicago’s first Catholic church. This church's name at the time of its creation was Saint Mary of the Assumption, and it was situated on what is now the south side of Lake Street, west of State Street. (85)
During that same year, Billy Caldwell began to sell off his rewarded (Prairie du Chien treaty) 1600 acres of reserve land located on the Chicago River. This decision was presumably the result of the economic decline of the region’s fur trade industry, while the advent of its landboom. This tract of land encompassed a wide open prairie on the west side and a deep forest of timber on the east, which was the land's only true value. (86) To accomplish this, Caldwell enlisted the help of a man named Arthur Bronson (1800-1844, see bio on Early Chicago site). Mr. Bronson was a capitalist, lawyer, real estate speculator, and financier from the state of New York. (87)
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(Left) A. H. Evan’s 1836 survey of Caldwell’s reserve. (Right) A map with the real estate transactions
of the reserve. Errors are included on it. |
In regards to these services, they included the proper conveying and selling of Caldwell's reserve lands. In conjunction with this, he worked to ensure that each deed of sale was endorsed with a President’s of the United States signature. This signature was strictly enforced by the language of Caldwell's original land patent, which made any sales of his land legally binding. In all, a total of six real estate transactions were completed by Bronson. (88) These land transactions included: 80 acres to George W. Dole and Richard Hamilton in June of 1833 for $100; 160 acres to Richard Nicolas, Sarah Amantus, Eleanor Hamilton, and infant heirs of Richard Jo and Diana W. Hamilton in July of 1833 for $200; 160 acres to Philo Carpenter in July of 1833 for $200; 720 acres to Arthur Bronson in 1833 for $900; 160 acres to Captain Seth Johnson in November of 1833 for $200; 80 and 160 acres respectively to Julius B. Kingsbury in November of 1834 for $300. (89)
Although this should have been an easy venture for Arthur Bronson, as based upon his experiences, it was not. Some troubles undermining his efforts were that the property lines of the sold land tracts were all inaccurate. Apparently, at some point prior to this problem, the reserve was surveyed by a surveyor named Mr. Herrington according to the government lines, but not smaller tracts for private sales. As a result of this, difficulties arose between land owners as to what land and timber belonged to whom. In order to remedy this, Col. Hamilton addressed Representative William L. May to ascertain if a formal survey of the reserve could be made. Through this effort, in 1836, a formal survey of the reserve was completed by Deputy Land Surveyor A. H. Evans. (90)
Unfortunately, this surveying of the reserve did not end all of the problems faced by the land owners. Another pressing issue they had to endure was the amount of time it took to have their deeds endorsed by a president. The reason for this delay was the result of Billy Caldwell's land patent not having been issued until June 1, 1839, when thereafter it was sent directly to Arthur Bronson. (91) As a result of this, none of the landowners' deeds received their endorsements until 1841 by President John Tyler (with the exception of Bronson who was able to painstakingly attain his in 1838 by President Martin Van Buren). Regardless of this situation, the landowners often had to deal with proprietors stealing the timber off their land as they waited for their legally approved titles from the government. (92)
As previously stated, it wasn’t until June 1, 1839 that Billy Caldwell’s land patent was issued and sent to Arthur Bronson, (93)but it is unlikely that Caldwell ever saw it. The reason for this was because he was west of the Mississippi River when the patent was issued. Since Bronson was handling all the affairs related to the sold parcels, there would have been no need for him to review it.
In regards to the language of the land patent several facts should be highlighted. The obvious was that it was issued in the name of Billy Caldwell on June 4, 1839. This said tract of land, which was referred to as Reserve 422 A by the Bureau of Indian Affairs, was comprised of two and one half sections of land (1,600 acres). Its location was in Township 40 and 41, range 13 East, of the 3rd Principal Meridian, on the east and west sides of the Chicago River, above and adjoining the Line of the Purchase in 1816. (94) Further, as described within the patent, this reserve was to be reserved for Billy Caldwell and his heirs forever. This referred to those land parcels not approved for lease or conveyance by a President of the United States. Firmly supporting this were those words written into Caldwell's land patent by President Martin Van Buren which stated:
Now know ye that there is therefore granted by the United States unto the said Billy Caldwell and to his heirs the tract of land above described. To have and to hold the said tract of land with the appurtenances unto the said Billy Caldwell and his heirs and assigns forever, but never to be “leased or conveyed” by him or his heirs to any person whatsoever without the permission of the President of the United States. (95)
Interestingly, had Arthur Bronson sold off all 1600 acres of land in Billy Caldwell's reserve, the patent’s words would have lost their legal binding power. However, that was not the case, as Bronson's selling of all the lands in the reserve never occurred. Instead, for whatever reason(s), he only sold off 1,520 acres out of the total 1,600. Thus, this left 80 acres of land never approved by a president for lease or conveyance. As a result, it was not until several decades later that this situation led to an unexpected twist of fate.
While working on different fronts to improve his life in 1833, none was able to equal the magnitude of the event that Billy Caldwell participated in during the month of September. This event was the Treaty of Chicago. (96) With the bringing forth of this treaty and Caldwell’s role again as a negotiator for the United Nations of the Chippewa, Ottawa, and Pottawatomie Indians, his dream of a boundary line was about to turn into a reality.
A concise overview of this event timelines the major points. The treaty itself began on the 10th day of September in the year 1833, at which time the United States commissioners who were charged with the oversight of the negotiations included George B. Parker (Governor of the Michigan Territory), Col. Thomas Owen (U.S. Agent for the United Tribes), and Col. William Weatherford (from Morgan County, Illinois). As for its location, the treaty took place at Fort Dearborn as described within the minutes of the treaty, while also Charles L. Latrobe‘s own written observations of the event. (97) This location is important to clarify, due to the fact that in 1937 a monument was erected under an elm tree in the Sauganash neighborhood of Chicago, whose settlers had claimed as the site of the treaty negotiations in 1835. (98)
The first discussions of the treaty were held on September 14th, when Governor Porter informed the Indians of the United Nations that their Great Father had heard their complaints. These concerns were that they now were surrounded on all sides by the white man, as a result of the Prairie du Chien treaty. To remedy this situation, Porter inquired if they would be willing to sell the remainder of their lands in the Chicago region. Through such a sale, the Indians would be able to move west of the Mississippi River, where they could experience happier lives. (99)
Following Porter's speech, the Indians were sent away to council over the selling of their lands. Before doing so, they were instructed to return to the fort with an answer once they heard its cannons fire. Following this, on the 16th, the Indians returned to the fort to declare to the commissioners their unwillingness to release any remaining lands. Not satisfied with this answer the commissioners sent them back into council for three more days. (100)
Once reconvened on September 19th, an Indian by the name of Way-mich-go stood up and emotionally expressed himself to the commissioners:
When you call us with council at Prairie du Chien we were in trouble and not know what to do. We then appointed Caldwell and Robinson as our Chief Counselors – we are one flesh – They have been raised amongst us. So long as they live, they were chosen to manage our business. Whatever they say and do we agree to. They will take time and council together and determine what shall be done. (101)
Following this speech and in support of its message, another Indian named Ap-te-k-zhich rose up and declared:We have the same confidence in Caldwell and Robinson now that we had when they were first appointed to manage the concerns of the United Tribes. We hope that it may continue. All the bands united in appointing them. The St. Joseph Indians have the same confidence in them that we have. (102)
Although supported by the tribes to handle their negotiations, Billy Caldwell and Alexander Robinson were only allowed to consult with them. As reasoned by the commissioners, this was because they were not authentic chiefs and the Great Father forbade it. (103)
Following this, on September 26th, Governor Porter spoke to the Indians acknowledging their choice of Billy Caldwell and Alexander Robinson to aid them. After this, the treaty was read aloud to the chiefs and their headmen, who all accepted it openly. In regards to the terms of the treaty, it was agreed that the Indians would cede all their remaining lands between Lake Michigan and the Mississippi River, receive the same amount of land at their new western residence, and be paid $1,000,000 in various ways. (104)
The finalizing of this treaty took place on October 6th, when chosen chiefs and headmen signed all of the stipulations associated with it. While this validation occurred each was presented with a medal. Billy Caldwell, who himself received one of the largest and finest medallions, was given added praise by Governor Porter for his efforts with negotiating the treaty on behalf of the Indians. Following his words, Caldwell rose up and spoke the following, which formally brought everything to an end:
You see that our Great Father by his commissioners here, has bestowed upon me a medal, as evidence of his love and good wishes for the welfare of his Indian Children You my brothers have caused this to be done. I have ever been your friend and will ever continue to do so. When you first called me to act as your friend and counselors, we were in great trouble. We were surrounded by a great fire, but the great spirit protected us and we escaped unhurt. You have known me forty years during all which time Sauganash has been foremost with his counsel and aid, when trouble came upon you.
Let us now open our ears to the wise council of the Great Father. Let us take up our families and place them all beyond the great Mississippi. But it must not be forgotten that your principal chief is not myself, but he who sits in our presence (Po-pe-ne-bee). We must look to him and respect him as our principal man. He inherited his rank from his father who is dead. It is by his right of birth and should be respected in its possession.
In ten days after we separate, I shall go to the west and examine the country which our Great Father has set apart for us, and after I make a selection I will return to you and give you a faithful account of it. I hope that I will be able to satisfy you all and make your hearts glad, and that you will rejoice we have opened our ears to the advice of our Great Father and sold him our lands on this side of the Mississippi River. I hope we will all remove to that country and that we may grow into a great nation and be prosperous and happy. I will open a plain way for you to travel on without trouble. Wherever I meet our red brethren of other nations, I will hold them fast by the hands and cause them to be our friends, and open their arms to receive us, when we leave the land of our fathers and remove thither. Listen not to the wicked advice of bad white men. Reject their unwise counsels, but open your ears to your chiefs and listen to their words. (105)
Following these negotiations, on May 22, 1834, the Treaty of Chicago became officially ratified by the federal government. As originally outlined within the terms of the treaty, Billy Caldwell was to be paid $400 a year, plus another $10,000 in lieu of a reserve. However, before the ratification occurred, this $10,000 payment was promptly reduced to $5000. (106)
Regardless of this, Caldwell had finally achieved the boundary line (Mississippi River) between the Indians and Americans, which he had so longed for.
Interestingly, to say that Billy Caldwell’s intentions during this event were of a selfless nature would be flawed. As previously written, Caldwell was a man of opportunity, and as viewed through his own compensation package in this treaty he faired quit well. Supporting this view were historian Frank R. Grover’s thoughts as based upon Charles J. Latrobe’s observations:
That in the negotiation of this treaty there was more intrigue, and more attention to selfish interests of half-breeds, traders, and others seeking personal gain, than in the negotiation of any other Indian treaty seems quit evident. The reading of the schedules of beneficiaries attached to the treaty would tend to indicate that the rights of the Indians themselves were quite a secondary matter.
One remarkable feature of this treaty is the fact that by its provisions some 500 to 1000 persons, most of them with no Indian blood in their veins, derived personal gain from the transaction. The allowance and payment of Indian claims, ranging in amount from a few dollars to many thousands, and, as already noted, about one third of the cash consideration was thus dispersed. Among individual beneficiaries also appear the following: Alexander Robinson $10,000 cash and $300 annuity “in addition to annuities already granted”; Billy Caldwell $10,000 cash and $400 annuity “in addition to annuities already granted”; etc. (107)
Moving past this event, but prior to his leaving the Illinois country, Billy Caldwell experienced several more events in his life. Around 1834 (or 1831 as some sources indicate), after Mark Beaubian built Chicago's first framed tavern, Caldwell approached him and said, “Mark, name your house after me and I'll make you a present.” Beaubian, who was excited about this proposition, promptly replied, “I'll do it Billy,” and named it the Sauganash. Following this exchange of words Caldwell presented to him one section of land. (108)
At about this same time (or as early as 1828) it was rumored that the United States government built a frame house for Billy Caldwell on the south side of Indiana Street in the north division of Chicago. As accounts have written, this was done as a favor to Caldwell for the services he provided during the Prairie du Chien negotiations. (109) Unfortunately, no primary documentation exists in the Bureau of Indian Affairs 422 A file or elsewhere to support this story.
During that same year on March 17, Billy Caldwell wrote a letter to his half brother Francis. In this letter, Caldwell for the first time revealed the exact date of his birth. This date was March 17th or St. Patrick's Day, which as he wrote "had passed over his head for the 52nd time in his life." (110) Through this documented acknowledgement it is possible to discern that Caldwell was 52 years old when he wrote this letter, and born on March 17, 1782.
Furthermore within this letter Billy Caldwell expressed a firm stance against Francis, who had previously chastised him for masquerading as a Pottawatomie chief at the two treaty negotiations he participated in. Apparently, this did not sit well with his English family who felt embarrassed by his actions. In response, Caldwell stated that he was unsure as to whom he
should blame, since it was either the fault of his Indian ignorance or his British education. Caldwell further went on to inform Francis that he would only take on a political role again if it aided his Indian brethrens’ move across the Mississippi River, away from the white man's destructive behaviors. (111)
Finally, during the fall of that year and prior to his leaving the Chicago region forever, Billy Caldwell married his third wife. As written by the Chicago Democrat newspaper, the marriage happened on the morning of November 18, 1834. Caldwell’s chosen bride for this union was a Pottawatomie and French woman named Saqua LeGrand. (112)
Following their marriage, it was rumored that the couple moved into a cabin upon his Chicago River reserve. This home was located north of Devon Avenue, east of the Chicago River, south of a prairie, and in a grove at the top of a hill. (113) Unfortunately, no primary documentation exists to support this story. Added, since Philo Carpenter purchased this land in 1833, it is questionable whether the couple would have had permission to settle upon it. Interestingly enough, all claims regarding this story surfaced during the Cook County Forest Preserves formative years.
Despite the year of 1834 being busy for Billy Caldwell, he also lead a delegation of Indians to inspect their new reservation in Platte County, Missouri. Following this examination, Caldwell made his final journey west with his Indian brethren on September 21, 1835, under the guidance of Colonel J. B. F. Russell of the U. S. Army. (114) After living there for a short period of time, they were all moved to the area of Trader's Point (in the Iowa Territory) in 1837. (115) The reason for this had to do with the Platte Purchase of 1836, in which Joseph Robidoux sold the northwest corner of Missouri to the United States government for $7,500. (116)
Once settled at their second home overlooking the Missouri River, Billy Caldwell became the leader of a Pottawatomie band consisting of 2,000 Indians. As their leader, he was given the responsibility of managing the tribe's finances and negotiating with the Americans when required. (117) In regard to their home, it became known to Indians and other persons in the area as Camp Caldwell. (118) Originally, it was established near Point Aux Poules (Trader's Point), about 10 miles south of Council Bluffs and across the river from Bellevue. However, at some unknown time, it was relocated to the Indian Creek area in Council Bluffs. (119) While living there, life for Caldwell's band was not without its problems. Repeatedly, he had to use his negotiation skills to resist efforts to move his tribe to the Osage Reservation in Kansas. (120)
In 1838, Billy Caldwell welcomed Father Pierre De Smet to the area. During the spring of this year, De Smet was sent to the Trader's Point region to create a mission amongst the Pottawatomie Indians. Upon meeting De Smet, Caldwell gave him three cabins of which one was to become a church. The exact date of the mission's establishment occurred on May 31, 1838. Until 1839, De Smet remained at and undertook the management of the mission when he was transferred. Following his departure, the mission began to slowly lose its following, before finally being disbanded in July or August of 1841. (121)
The few years Billy Caldwell lived in this home were not poverty ridden ones for him. Annually, he received approximately $1,000 in annuities, owed to him by the federal government for all his past work. (122) In order to protect these monies while off on buffalo hunts, he would call upon Joseph Robidoux to act as his Power of Attorney. One example occurred in June 1841 when he accompanied a group of men from his tribe on a hunt into Sioux country. The Sioux Indians were not fond of the other tribes in general and disputes arose from time to time. For this reason, Caldwell made sure that Robidoux understood to collect and distribute his annuity amongst the tribe's people if he were to die during the excursion. Once safely returned though Caldwell recollected it. (123)
Unfortunately for Joseph Robidoux, this business arrangement with Billy Caldwell did not last long. Sadly, it ended at the time of Caldwell's death on September 29, 1841 (speculatively due to Cholera). As stated within his obituary by the Chicago Democrat newspaper:
Died at Council Bluffs on the 29th of September last, Sau-Ga-Nash (Billy Caldwell), principal chief of the United Nations of the Ottawa, Pottawatomie, and Chippewa, in the 60th year of his age, he was well and favorably known to the old residents of Chicago, and the northern frontier of Illinois, as an old and efficient friend during the Sac and Foxes troubles – 1832.-- communicated. (124)
Mr. Robidoux’s last dealings with Caldwell came during that fall when he was upon his death bed. Before passing away he had sent for Robidoux. However, due to the fact that Robidoux was busy posting an account, he was unable to answer Caldwell's call. In turn when he did, it was too late, as Caldwell was weak and unable to conduct business. (125)
Upon Billy Caldwell's death, his remains were interred in the Indian burial grounds near the mission. This site was reportedly on Pierce Street in Council Bluffs. Interestingly enough, many years ago when the street was under construction, a group of Indian bones were unearthed. Although it was not known if any of these belonged to Caldwell, they were reburied in the city’s Catholic cemetery. Out of some form of respect, the remains were given a small burial marker bearing the inscription “Indian.” (126)
Ironically, Council Bluffs is not the only city to lay claim to the burial site of Billy Caldwell. Another city which makes claim to it is Three Rivers, Michigan. According to its history, Sauganash (Caldwell) was a Pottawatomie Indian who lived and died there. Upon his death, as was tradition, his body was positioned sitting up in a log pen above the ground. After some time, his remains were buried next to the old Sac War Trail, which passed through the now extinct village of Eschol. To commemorate this site, a tombstone was placed upon it in 1911 by the Abiel Fellows Chapter of the Daughters of the American Revolution. Currently this marker resides at the Riverside Cemetery in Three Rivers. (127)
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Grave of Sauganash near Three Rivers, Michigan in 1911. (Below) A close up of the marker. |
Unfortunately for Three Rivers this is not the burial of Billy Caldwell. Instead, it is likely that this grave belongs to a Pottawatomie chief named Sau-au-quett. Interestingly, Sau-au-quett lived at the same time Billy Caldwell did and was a participant at the 1833 Treaty of Chicago.Unfortunately, he was murdered in 1839 by one of his own tribesmen who opposed the selling of their lands to the Americans. (128)
Following Billy Caldwell’s death in 1841, the state of his tribe in the Trader’s Point region began to crumble. As communicated by Indian Sub-Agent Stephen Cooper in his annual report, the tribe had made little progress since Caldwell's passing. Their failure was the result of the Indians having no farmer or school teacher to help them progress, which was due to the government's failure to employ these positions. Added to this problem, the Indians had only one blacksmith who could not meet all their demands. (129)
As the number of issues pressed down on the Indians over the next few years, a larger problem presented itself to Billy Caldwell's widow in the year of 1843. During that June, Indian Sub-Agent Richard E. Elliott wrote to Indian Agent D. Mitchell in St. Louis regarding Caldwell's annuity due to his wife at the time of his passing. Apparently, it was Caldwell’s last payment due from the federal government, but his wife never received it. This problem stemmed from the time of Caldwell's death, when Mr. Robidoux failed to secure Power of Attorney from him before he died. Despite Robidoux's efforts to remediate this problem, the Indian Department declared that it was without such a letter. As a result of this, it was suggested that Caldwell's widow never received his last payment, and was plunged into a life of poverty. (130)
Following this, on September 15, 1845, P. D. Clark wrote Francis Caldwell to describe the last moments of his half brother's life. As described by Clark, Billy died in 1841. The day prior to his death, Billy's half brother James had paid him a visit. As observed by James, Billy appeared to be gradually recovering from his illness. He was calm and of a clear mind, talking
quite normally. However, as the next night approached his condition worsened. As stated by James, “his powerful mind, which but a little while ago was calm and clear, was now wrapped in somber gloom. Before the next day's dawn, his spirit had left its earthly tenement.” Upon his death, Caldwell left no will to his wife. She, herself, eventually passed away during the winter months of 1844-1845. (131)
During the year of 1846, the United States negotiated another treaty with the Chippewa, Ottawa, and Pottawatomie, which removed them to the Atchinson County Reservation in Kansas. As stated in the minutes of the treaty by an Indian, “The bones of our great Chief Mr. Caldwell are there (Trader's Point).” (132) These words paid respect Billy Caldwell’s role in the lives of his people, while also supporting his resting place.
Although these words would have made a poetic ending to the story of Billy Caldwell's life, they did not. Almost twenty-seven years following his death, Caldwell's British family stepped back into the picture. This reentry of theirs was the result of a letter written to Thomas Caldwell (Billy's half brother) by Secretary of the Interior R. M. Clelland in the year 1855. Through this letter, Thomas Caldwell was informed that 160 acres of land in the northwest end of Billy Caldwell's Chicago River reserve was never sold off. (133)
As a result of this, Mary Ann Caldwell (widow of Thomas Caldwell) appointed attorney William Caldwell (son of Francis Caldwell) to take possession of all the remaining lands of Billy Caldwell. Apparently, it was the family's belief that they were lawfully entitled to these and could be claimed as Billy's heirs. Unfortunately, the United States government did not see it this way, as the family's claim was denied. (134)
Following this defeat, Billy Caldwell's British family never again attempted to lay claim to his lands. Despite this fact, it did not mark the last time a blood relation attempted to gain control of them. In the year of 1872, something never written about in any description of Billy Caldwell occurred. A living bloodline of his surfaced. More specifically, a son, who went by the name of Pe-y-mo (alias Caldwell).
Little is known about Pe-y-mo Caldwell, the only child of Billy Caldwell's to survive. While his father was Billy Caldwell, his mother's name was Ma-sa-qua. (135) Presumably, this woman was Caldwell's third wife Saqua LeGrand, only gaining a phonetically altered spelling to her name over the years. As to when he was born, nothing is known. However, it must not be ruled out that Pe-y-mo was likely conceived years before his parent's marriage in 1834, as he was said to be approximately 55 years old when he came forth. (136)
As documented, Pe-y-mo was at one point a member of the Kickapoo Nation in Kansas. In 1862, he received 84 acres of land under the name Pe-wa-mo through the United State’s treaty negotiations with the Kickapoo. (137) After becoming naturalized on October 25, 1870, he absolved his ties with the Kickapoo Nation and took up the responsibilities of American citizenship. He did have a family, although it is not known how many children he had. Finally, being that his name was written onto documents with different spellings, it can be understood that he was illiterate. (138)
As documented on January 27, 1872, with his name spelled as Pawymo Colwell, he appointed attorney Samuel V. Niles of Washington D. C. to be his Power of Attorney. Pe-y-mo's reason for retaining Mr. Niles, as written on his Power of Attorney form, was so he could: "Procure a government patent or title to all lands coming to him by the death of his father William Caldwell. Said land lying and bearing in the State of Illinois. Near Poplar Grove in the Northern Part of the state." (139)
This Power of Attorney letter was officially filed by Niles in Washington D. C. on April 30, 1872. (140)
Prior to this filing, Samuel V. Niles wrote Indian Affairs Commissioner Francis Walker to inform him of Pe-y-mo's entitlement and Power of Attorney claim. Added, he made a request for a copy of Billy Caldwell's land patent to his Chicago River Reserve. Through this means, Niles began to make progress towards procuring Pe-y-mo's legal right to the land embraced within the patent. (141)
Following several correspondences between the two men, Niles informed Walker on June 8, 1872 that:
As attorney of Pe-y-mo, alias Caldwell, the son and only heir at law of Billy Caldwell and now a citizen of the United States. I present here with for your approval a deed made by him to Benjamin F. Freeland, of June 15, 1872 in and to such remainder of the unsurveyed land in Cook Co., Ills patented by the United States to his father, the said Billy Caldwell, June 4, 1839.
This warranty deed, which was made in Kansas, consisted of 160 acres of land and thereafter was recorded as document #106253 in Tract Book 225 B, at the Cook County Recorder of Deeds office on March 25, 1873. To support the fact that Pe-y-mo was Billy Caldwell's only son and justify the sale of land to Freeland for $1000, Niles submitted two pieces of evidence. These included Pe-y-mo's naturalization paper from October 25, 1870, and the affidavits recorded during the creation of Freeland's deed. (142)
Although Pe-y-mo's naturalization paper provided few details about his life, an affidavit provided by an Indian named Paschael Pensoneau did. As described by Pensoneau on June 20, 1872, in his earlier years he was acquainted with Billy Caldwell and knew of his marriage to Ma- Sa-Qua with whom he lived until his death. She herself, lived only four years after him and never took another husband. As further indicated, Caldwell and his wife bore two children together, a girl and a boy. The girl, whose name is not known, died at a young age without ever marrying or having children. The boy, Pe-y-mo, lived to adulthood and thus became Caldwell's only son and heir at law. (143)
Unfortunately, even with all the evidence supplied to the Department of Indian Affairs, the deed was denied for approval by the president. The reason for its denial resulted from the fact that the land was not properly conveyed. In order for the deed to have earned an endorsed signature by the president, a diagram prepared by a competent surveyor was needed, along with a description of the land to be conveyed. (144)
Following this rejection, on April 13, 1873, Samuel V. Niles once again attempted to have Benjamin Freeland's deed approved. To support this application, on April 22nd, he provided copies of Pe-y-mo's conveyance, naturalization paper, and a certificate from Justice of the Peace E. H. Osborn of Atchison County. (145) In response, on May 16th, the Department of Indian Affairs indicated that no records existed for Hamilton and Dole (80 acres) or Kingsbury (80 acres). Regardless, due to possible inaccuracies in their records, the Department of Indian Affairs required Niles to submit certification on this parcel of land from the Cook County Recorder of Deeds. This was to assure that no approved deeds existed already for the 160 acres. (146)
After pursuing this, Samuel V. Niles communicated back on February 2, 1875 that only 80 acres had never been conveyed. These 80 acres of land comprised the northwest section of the reserve. (147) Although originally marked as being sold to Julius Kingsbury on an Indian Department map, this information was incorrect. Regardless, Freeland's deed was again denied approval, due to issues surrounding the correct conveying of the land. (148)
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The northwest 80 acres of the present day Caldwell Reserve. |
Despite this second failure, Benjamin Freeland continued to try to gain possession of the land for which he paid $1,000. On December 27, 1876, he filed a lawsuit against a man named Robb Robinson, who had taken up residence on the 80 acres. Apparently, on September 14, 1875, Robinson had refused to leave the land after being notified that Freeland was going to takepossession of it. As a result of this situation, Freeland made a claim to the Superior Court of Illinois that only he had legal title to the land. Unfortunately for Freeland, the Illinois Supreme Court did not rule in his favor, as Robinson was allowed to stay on the land. (149) Finalizing this, on December 5, 1879 Freeland's warranty deed for the 160 acres of land was revoked from Tract Book 225 B in the Cook County Recorder of Deeds office. (150)
Interestingly enough, as found within the files of this case were two depositions that revealed several more interesting facts about Billy Caldwell and Pe-y-mo. The first of these came from a man named W. Y. Tasse, who knew Caldwell when they both were living in Chicago during 1818. Through his dealings with him, Tasse knew Caldwell to dress in citizen's clothes only. Although unsupported, Tasse claimed that Caldwell was Pe-y-mo's stepfather. Apparently, Caldwell loved Pe-y-mo so dearly that he looked upon him as his son. In turn, Pe-y-mo always referred to him as his own late father. Despite this view, the United States government did give credence to Pe-y-mo as being Caldwell's son and heir. (151)
The second deposition came from another man named John Williams, who had known Pe-y-mo for about 47 years. According to him, Pe-y-mo had lived in the area of Poplar Grove, Illinois before moving to Jackson County, Kansas. While living in Jackson County with the Prairie Band Pottawatomie, Peymo’s wife passed away and was buried on the bank of Soldier Creek. In 1864, Pe-y-mo moved to Brown County, Kansas where he remained with the Kickapoo tribe until naturalized as a citizen of the United States. Following this, he headed to Atchison County, Kansas. (152)
Subsequent of the Benjamin Freeland affair, Pe-y-mo tried twice more to sell off his inherited 80 acres of land. The first time was to Cyrus Beede who was the Chief Clerk of the Indian Affairs Department in Kansas. Unfortunately, as described by the limited documentation, nothing binding ever took place. (153)
The second occurrence happened in 1895 and involved a scheming situation. As recorded, Pe-y-mo attempted to deed his northwest 80 acres of land to a half-breed Pottawatomie named Joseph Mech. Apparently, Mech paid Pe-y-mo in cash for the land, but prior to receiving the deed his attorney (Mr. Berham) requested that it be made out in his name. In response to this, Mech hired a second attorney to stop any action from occurring on the deed by the Department of Indian Affairs. Once again, as in all previous attempts made by Pe-y-mo to convey his land, no signature by a president was awarded to the deed. (154)
Following these failed attempts by Pe-y-mo to convey the northwest 80 acres of land in the Caldwell Reserve, no further transactions ever took place. Building on this, as these two affairs were the last recorded events related to Pe-y-mo, nothing further is know about his life. Added, as previously stated, nothing is also known about the lives of his children. Regardless of this, to rule out the possibility of any descendants of Pe-y-mo, and thus Billy Caldwell, living today could perhaps prove to be a misjudgment.
In regards to the northwest 80 acres of Billy Caldwell's reserve, no official conveyance ever occurred with it. This fact is supported by those warranty deeds approved by past Presidents of the United States, as located within Miscellaneous Deeds volumes 3 and 4 at the United States National Archives. (155) Currently, this tract of land is a part of the Cook County Forest Preserve's land holdings, as it was acquired during the public entity's formative years through condemnation and direct sales. (156) Despite these truths, the fact that this preserved parcel of land from Billy Caldwell’s original reserve still exists today, is not only a historical treasure for the people of Chicago, Cook County, and Illinois, but also any descendants who may be living today.
Peter T. Gayford is a graduate of Dominican University's (River Forest, IL) Library and Information Science program. For the past six years, Gayford has been researching the life of Billy Caldwell (Sau - ga - nash) and events following his passing.
Footnotes and the bibliography for this article may be found listed under "Pages," at top, right.
