Native American Treaties,
Indian Treaties
Treaty with the Comanche, Aionai, Anadarko, Caddo, May 15, 1846.
Bottom of Form
Treaty with the Comanches and other tribes. Articles of a treaty
made and concluded at Council Springs in the county of Robinson, Texas, near the
Brazos River, this 15th day of May, A. D. 1846, between P. M. Butler and M. G.
Lewis, commissioners on the part of the United States, of the one part, and the
undersigned chiefs, counselors, and warriors of the Comanche, I-on-i, Ana-da-ca,
Cadoe, Lepan, Long-wha, Keechy, Tah-wa-carro, Wi-chita, and Wacoe tribes of
Indians, and their associate bands, in behalf of their said tribes, on the other
part.
Article I. The undersigned chiefs, warriors, and counselors, for
themselves and their said tribes or nations, do hereby acknowledge themselves to
be under the protection of the United States, and of no other power, state, or
sovereignty whatever.
Article II. It is stipulated and agreed by the said tribes or nations,
and their associate bands, that the United States shall have the sole and
exclusive right of regulating trade and intercourse with them and they do hereby
respectively engage to afford protection to such persons, with their property,
as shall be duly licensed to reside among them for the purpose of trade and
intercourse, and to their agents and servants, but no person shall be permitted
to reside among them as a trader who is not furnished with a license for that
purpose, under the hand and seal of the superintendent to be appointed by the
President of the United States or such other person as the President shall
authorize to grant such licenses, to the end that said Indians may not be
imposed on in their trade; and if any licensed trader shall abuse his privilege
by unfair dealing, upon complaint by the chiefs to their agents and proof
thereof, his license shall be taken from him, and he shall be further punished
according to the laws of the United States; and if any person shall intrude
himself as a trader without such license, upon complaint he shall be dealt with
according to law. Article III. [Stricken out.]
Article IV. The said tribes and their associate bands agree to deliver,
by the first day of November next, to the superintendent of Indian affairs to be
appointed by the President, at such place as he may direct, due notice of which
shall be given to the said tribes, all white persons and negroes who are now
prisoners among any of the said tribes or nations, for which the United States
agree to make them a fair compensation; and the United States further agree to
make [that] all the prisoners taken from said tribes by Texas or the United
States, shall be delivered up to the said tribes, at the same time and place,
without charge. And when any member of any of said tribes or nations, and their
associate bands, having in his possession an American prisoner or prisoners,
white or black, shall refuse to give them up, the President of the United States
shall have the privilege of sending among said tribes or nations such force as
he may think necessary to take them; and the chiefs of the nations or tribes,
parties to this treaty, pledge themselves to give protection and assistance to
such persons as may be sent among them for this purpose.
Article V. [Stricken out.]
Article VI. The said tribes and their associate bands pledge themselves
to give notice to the agent of the United States residing near them of any
designs which they may know or suspect to [be] formed in any neighboring tribe,
or by any person whatever, against the peace and interests of the United States.
Article VII. It is agreed that, if any Indians shall commit a murder or
robbery on any citizen of the United States, the tribe or nation to which the
offender belongs shall deliver up the person or persons so complained of, on
complaint being made to their chief, to the nearest post of the United States,
to the end that he or they may be tried, and, if found guilty, punished,
according to the law of the State or Territory where such offence may have been
committed. In like manner, if any subject or citizen of the United States shall
commit murder or robbery on any Indian or Indians of the said tribes or nations,
upon complaint thereof to the agent residing near them, he or they shall be
arrested, tried, and punished according to the law of the State or Territory
where such offence may have been committed.
Article VIII. The practice of stealing horses has prevailed very much to
the great disquiet of the citizens of the United States, and, if persisted in,
cannot fail to involve both the United States and the Indians in endless strife.
It is therefore agreed that it shall be put an entire stop to on both sides.
Nevertheless, should bad men, in defiance of this agreement, continue to make
depredations of that nature, the person convicted thereof shall be punished with
the utmost severity, according to the laws of the State or Territory where the
offence may have been committed: and all horses so stolen, either by the Indians
from the citizens of the United States or by the citizens of the United States
from any of the said tribes or nations, into whose possession so ever they may
have passed, upon due proof of rightful ownership, shall be restored; and the
chiefs of said tribes or nations shall give all necessary aid and protection to
citizens of the United States in reclaiming and recovering such stolen horses;
and the civil magistrates of the United States, respectively, shall give all
necessary aid and protection to Indians in claiming and recovering such stolen
horses.
Article IX. For the protection of said Indians and for the purpose of
carrying out the stipulations of this treaty more effectually, the President
shall, at his discretion, locate upon their borders trading-houses, agencies,
and posts. In consideration of the friendly disposition of said tribes,
evidenced by the stipulations in the present treaty, the commissioners of the
United States, in behalf of the said States, agree to give to the said tribes or
nations goods, as presents, at this time, and agree to give presents in goods to
them, to the amount of ten thousand dollars, at such time as the President of
the United States may think proper, at the Council Springs, on the Brazos, where
this council is now held, or at some other point to be designated, and of which
due notice shall be given to said tribes.
Article X. The said tribes or nations and their associate bands are now,
and forever agree to remain, at peace with the United States. All animosities
for past offences are hereby mutually forgiven and forgotten, and the parties to
this treaty pledge themselves to carry it into full execution, in good faith and
sincerity.
Article XI. And the said tribes and their associate bands are now, and
agree to remain, friendly with such tribes as are now at peace with the United
States, residing upon the waters of the Arkansas, Missouri, and Red Rivers.
Article XII. If any person or persons shall introduce ardent spirits or
intoxicating liquors of any kind among said tribes or nations, such person or
person [persons] shall be punished according to the laws of the United States,
and the said tribes or nations agree to give immediate notice to the agent of
the United States residing near them, and to prevent by any means in their power
the violation of this article of treaty.
Article XIII. It is further agreed that blacksmiths shall be sent to
reside among the said tribes or nations, to keep their guns and farming-utensils
in order, as long and in such manner as the President may think proper. It is
further agreed that school-teachers, at the discretion of the President, shall
be sent among the said tribes or nations for the purpose of instructing them;
and the said tribes or nations agree that preachers of the gospel may travel or
reside among them by permission of the President or his agents to be appointed,
and that ample protection shall be afforded them in the discharge of their
duties.
Article XIV. The said tribes or nations, parties to this treaty, are
anxious to be at peace with all other tribes or nations, and it is agreed that
the President shall use his exertions, in such manner as he may think proper, to
preserve friendly relations between the different tribes or nations parties to
this treaty, and all other tribes of Indians under his jurisdiction.
Given under our hands and seals this day and date
above.
P. M. Butler
M. G. Lewis
U. S. Commissioners.
Comanches:
Pah-ha-u-ca, (or the Amorous Man,)
Mo-pe-chu-co-pe, (or Old Owl,)
Cush-un-a-rah-ah, (or Ravisher,)
Ka-bah-ha-moo, (or Won't Smoke,)
O-ka-art-su, (or Rope Cutter,)
Moo-ra-que-top, (or Nasty Mule,)
Ta-bup-pua-ta, (or the Winner,)
Kai-tia-tah, (or Little,)
Kai-he-na-mou-rah, (Blind Man,)
Ho-chu-cah, (Birdshouse,)
Pah-moo-wah-tah, (No Tobacco,)
Mon-ne-con-nah-heh, (Ring,)
Po-che-na-qua-heip, (Buffalo Hump,)
Santa Anna, Sa-ba-heit, (Small Wolf,)
Quarah-ha-po-e, (Atelope Road,)
Ka-nah-u-mah-ka, (Nearly Dead,)
Ish-a-me-a-qui, (Travelling Wolf,)
Mo-he-ka, (Polecat,)
A-ka-chu-a-ta, (No. Horn,)
Ka-he-na-bo-ne, (Blind Man,)
Ma-war-ra, (The Lost,)
Ke-wid-da-wip-pa, (Tall Woman,)
Pa-na-che, (Mistletoe.)
Wacoes:
We-ar-ras, (Big Dog,)
Hed-e-cok-isk, (Double-Barrelled,)
Keeches:
Sa-sed-da-qua, (Dead Man,)
A-ko-ha-rai-at, (Pursuer,)
Hens-ke-da-hick, (Long Frock,)
Uks-que-ra-qua-ar-da, (House Keeper,)
Ha-wi-da-sai-kish, (Man Killer,)
No-cur-ra-oh-to-a-wa, (Loud Talker,)
To-ka-rah, (Black House,)
Ken-di-ash-ush-sa, (Narrow Escape.)
Tonkaways:
Ha-set-ta, (Sitting by a River,) Campo
Ha-shu-ka-nah, (Can't Kill Him,) Placedon
Cha-al-lah, (Strong Man,) Jose
Ka-sa, (A Worshipper,)
Tron-ke-ia, (Thunder,)
Nic-co-na-nah, (Killed an Indian on the Hill,)
Hose-Marea, (or Aish,)
Be-cin-ta
Shell Chief, (or Tow-a-ash,)
Bin-chah
Chick-a-saw-che
Wichetas:
To-sa-quas, (White Tail,)
Cho-wash-ta-ha-da, (Runner,)
Kow-wah, (Shirt Tail,)
Wich-qua-sa-is, (Contrary,)
His-si-da-wah, (Stubborn.)
Towa-karroes:
Ke-chi-ko-ra-ko,(Stubborn,)
Nes-ho-chil-lash, (Traveller,)
Na-co-ah, (Dangerfield,)
Ka-ra-ko-ris, (Deceiver,)
Ha-ke-di-ad-ah, (Gallant Man,)
Wha-cha-ash-da, (Looker-on,)
Wash-le-doi-ro-ka, (Don't you do so,)
Te-ah-kur-rah, (Lightman,)
Sar-rah-de-od-a-sa, (Straight Looker.)
Wacoes:
A-qua-gosh, (Short Tail,)
Ho-hed-orah, (Long Ways over the River,)
Chos-toch-ka-a-wah, (Charger,)
Cha-to-wait, (Ghost.)
Secretaries:
Thomas J. Wilson
Isaac H. Du Val
Witnesses:
Robt. S. Neighbsor
Hugh Rose
Jno. H. Rollins
Thomas J. Smith
E. Morehouse
Interpreters:
Louis Sanches
John Conner
Jim Shaw
(To each of the names of the Indians is affixed his mark.)
Treaty with the Apache, July 1, 1852.
Articles of a treaty made and entered into at Santa Fe, New Mexico, on
the first day of July in the year of our Lord one thousand eight hundred and
fifty-two, by and between Col. E. V. Sumner, U. S. A., commanding the 9th
Department and in charge of the executive office of New Mexico, and John
Greiner, Indian agent in and for the Territory of New Mexico, and acting
superintendent of Indian affairs of said Territory, representing the United
States, and Cuentas, Azules, Blancito, Negrito, Capitan Simon, Captain Vuelta,
and Mangus Colorado, chiefs, acting on the part of the Apache Nation of Indians,
situate and living within the limits of the United States.
Article I. Said nation or tribe of Indians through their authorized
Chiefs aforesaid do hereby acknowledge and declare that they are lawfully and
exclusively under the laws, jurisdiction, and government of the United States of
America, and to its power and authority they do hereby submit.
Article II. From and after the signing of this Treaty hostilities between
the contracting parties shall forever cease, and perpetual peace and amity shall
forever exist between said Indians and the Government and people of the United
States; the said nation, or tribe of Indians, hereby binding themselves most
solemnly never to associate with or give countenance or aid to any tribe or band
of Indians, or other persons or powers, who may be at any time at war or enmity
with the government or people of said United States.
Article III. Said nation, or tribe of Indians, do hereby bind themselves
for all future time to treat honestly and humanely all citizens of the United
States, with whom they have intercourse, as well as all persons and powers, at
peace with the said United States, who may be lawfully among them, or with whom
they may have any lawful intercourse.
Article IV. All said nation, or tribe of Indians, hereby bind themselves
to refer all cases of aggression against themselves or their property and
territory, to the government of the United States for adjustment, and to conform
in all things to the laws, rules, and regulations of said government in regard
to the Indian tribes.
Article V. Said nation, or tribe of Indians, do hereby bind themselves
for all future time to desist and refrain from making any "incursions within the
Territory of Mexico" of a hostile or predatory character; and that they will for
the future refrain from taking and conveying into captivity any of the people or
citizens of Mexico, or the animals or property of the people or government of
Mexico; and that they will, as soon as possible after the signing of this
treaty, surrender to their agent all captives now in their possession.
Article VI. Should any citizen of the United States, or other person or
persons subject to the laws of the United States, murder, rob, or otherwise
maltreat any Apache Indian or Indians, he or they shall be arrested and tried,
and upon conviction, shall be subject to all the penalties provided by law for
the protection of the persons and property of the people of the said States.
Article VII. The people of the United States of America shall have free
and safe passage through the territory of the aforesaid Indians, under such
rules and regulations as may be adopted by authority of the said States.
Article VIII. In order to preserve tranquility and to afford protection
to all the people and interests of the contracting parties, the government of
the United States of America will establish such military posts and agencies,
and authorize such trading houses at such times and places as the said
government may designate.
Article IX. Relying confidently upon the justice and the liberality of
the aforesaid government, and anxious to remove every possible cause that might
disturb their peace and quiet, it is agreed by the aforesaid Apache’s that the
government of the United States shall at its earliest convenience designate,
settle, and adjust their territorial boundaries, and pass and execute in their
territory such laws as may be deemed conducive to the prosperity and happiness
of said Indians.
Article X. For and in consideration of the faithful performance of all
the stipulations herein contained, by the said Apache’s Indians, the government
of the United States will grant to said Indians such donations, presents, and
implements, and adopt such other liberal and humane measures as said government
may deem meet and proper.
Article XI. This Treaty shall be binding upon the contracting parties
from and after the signing of the same, subject only to such modifications and
amendments as may be adopted by the government of the United States; and,
finally, this treaty is to receive a liberal construction, at all times and in
all places, to the end that the said Apache Indians shall not be held
responsible for the conduct of others, and that the government of the United
States shall so legislate and act as to secure the permanent prosperity and
happiness of said Indians.
In faith whereof we the undersigned have signed this
Treaty, and affixed thereunto our seals, at the City of Santa Fé, this the first
day of July in the year of our Lord one thousand eight hundred and fifty-two.
E. V. Sumner
Bvt. Col. U. S. A. commanding Ninth Department In charge of Executive Office of
New Mexico
John Greiner, Act. Supt. Indian Affairs, New Mexico
Capitan Vuelta, his x mark
Cuentas Azules, his x mark
Blancito ——, his x mark
Negrito ——, his x mark
Capitan Simon, his x mark
Mangus Colorado, his x mark
Witnesses:
. A. Cunningham, Paymaster, U. S. A.
J. C. McFerran, 1st Lt. 3d Inf. Act. Ast. Adj. Gen.
Caleb Sherman
Fred. Saynton
Chas. McDougall, Surgeon, U. S. A.
S. M. Baird
Witness to the signing of Mangus Colorado:
John Pope, Bvt. Capt. T. E.
Treaty With The Apache, Cheyenne, and Arapaho, October 17,
1865
Whereas a treaty was made and concluded, by and between the undersigned
commissioners on the part of the United States, and the undersigned chiefs and
head-men of the Cheyenne and Arrapahoe tribes of Indians, on the part of said
tribes, on the fourteenth day of October, A. D. 1865, at the council-grounds on
the Little Arkansas River, in the State of Kansas; and, whereas, the Apache
Indians, who have been heretofore confederated with the Kiowa and Comanche
tribes of Indians, are desirous of dissolving said confederation and uniting
their fortunes with the said Cheyennes and Arrapahoes; and whereas the said
last-named tribes are willing to receive among themselves on an equal footing
with the members of their own tribes, the said Apache Indians; and the United
States, by their said commissioners, having given their assent thereto; it is
therefore hereby agreed by and between the United States, by their said
commissioners, and the said Cheyenne, Arrapahoe, and Apache Indians, by the
undersigned chiefs and head-men of said tribes respectively, as follows, viz:
Article 1. The said Cheyenne, Arrapahoe, and Apache tribes, henceforth
shall be and they are hereby united, and the United States will hereafter
recognize said tribes as the confederated bands or tribes of Cheyenne, Arrapahoe,
and Apache Indians.
Article 2. The several terms, stipulations and agreements to be done and
performed on the part of the United States for and with the said Cheyenne and
Arrapahoe tribes of Indians, and by the said Cheyenne and Arrapahoe tribes of
Indians, for and with the United States, by the provisions of said treaty of
October 14th, A. D. 1865, shall be done and performed by the United States for
and on behalf of the said confederated tribes or bands of Cheyenne, Arrapahoe,
and Apache Indians, and on their part shall be done, observed and performed to,
with and for the United States in the same manner, to the same extent, and for
like objects, to all intents and purposes, as would have been the case had said
treaty been originally made and executed with the said confederated tribes of
Cheyenne, Arrapahoe, and Apache Indians.
In testimony whereof, the undersigned, Commissioners on the part of the United
states, and the chiefs and headmen of said tribes, have hereunto set their hands
and seals at the council-ground on the Little Arkansas, in the State of Kansas,
this 17th day of October, A. D. 1865.
Commissioners on the part of the United States
John B. Sanborn
Wm. S. Harney
James Steele
Wm. W. Bent
Kit Carson
Thos. Murphy
J. H. Leavenworth
On the part of the Apaches
Kou-zhon-ta-co, or Poor Bear, head chief
Ba-zhe-ech, or Iron Shirt
Az-che-om-a-te-ne, or the Old Fool Man, chief
Karn-tin-ta, or the Crow, chief
Mah-vip-pah, or The Wolf Sleeve, chief
Nahn-tan, or The Chief
On the part of the Cheyennes
Moke-ta-ve-to, or Black Kettle, head chief
Oh-to-ah-ne-so-to-wheo, or Seven Bulls, chief
Hark-kah-o-me, or Little Robe, chief
Moke-tah-vo-ve-ho, or Black White Man, chief
Mun-a-men-ek, or Eagle’s Head, headman
O-to-ah-nis-to, or Bull that Hears, headman
On the part of the Arrapahoes
Oh-has-tee, or Little Raven, head chief
Oh-hah-mah-hah, or Storm, chief
Pah-uf-pah-top, or Big Mouth, chief
Ah-cra-ka-tau-nah, or Spotted Wolf, chief
Ah-nah-wat-tan, or Black Man, headman
Nah-a-nah-cha, Chief in Everything, headman
Chi-e-nuk, or Haversack, headman
Signed and sealed in presence of:
W. R. Irwin, Secretary
D. C. McNeil
Treaty With The Cheyenne And Arapaho, October 14, 1865
Treaty of Little Arkansas River
Articles of a treaty made and concluded at the camp on the Little Arkansas
River, in the State of Kansas, on the fourteenth day of October, in the year of
our Lord one thousand eight hundred and sixty-five, by and between John B.
Sanborn, William S. Harney, Thomas Murphy, Kit Carson, William W. Bent, Jesse H.
Leavenworth, and James Steele, commissioners on the part of the United States,
and the undersigned, chiefs and head-men of and representing the confederate
tribes of Arrapahoe and Cheyenne Indians of the Upper Arkansas River, they being
duly authorized by their respective tribes to act in the premises.
Article 1. It is agreed by the parties to this treaty that hereafter
perpetual peace shall be maintained between the people and Government of the
United States and the Indians parties hereto, and that the Indians parties
hereto, shall forever remain at peace with each other, and with all other
Indians who sustain friendly relations with the Government of the United States.
For the purpose of enforcing the provisions of this article it is agreed that in
case hostile acts or depredations are committed by the people of the United
States, or by Indians on friendly terms with the United States, against the
tribe or tribes, or the individual members of the tribe or tribes, who are
parties to this treaty, such hostile acts or depredations shall not be redressed
by a resort to arms, but the party or parties aggrieved shall submit their
complaints through their agent to the President of the United States, and
thereupon an impartial arbitration shall be had, under his direction, and the
award thus made shall be binding on all parties interested, and the Government
of the United States will in good faith enforce the same. And the Indians,
parties hereto, on their part, agree, in case crimes or other violations of law
shall be committed by any person or persons, members of their tribe, such person
or persons shall, upon complaint being made, in writing, to their agent,
superintendent of Indian affairs, or to other proper authority, by the party
injured, and verified by affidavit, be delivered to the person duly authorized
to take such person or persons into custody, to the end that such person or
persons may be punished accoring to the laws of the United States.
Article 2. The United States hereby agree that the district of country
embraced within the following limits, or such portion of the same as may
hereafter be designated by the President of the United States for that purpose,
viz: commencing at the mouth of the Red Creek or Red Fork of the Arkansas River;
thence up said creek or fork to its source; thence westwardly to a point on the
Cimarone River, opposite the mouth of Buffalo Creek; thence due north to the
Arkansas River; thence down the same to the beginning, shall be, and is hereby,
set apart for the absolute and undisturbed use and occupation of the tribes who
are parties to this treaty, and of such other friendly tribes as they may from
time to time agree to admit among them, and that no white person, except
officers, agents, and employees of the Government, shall go upon or settle
within the country embraced within said limits, unless formerly admitted and
incorporated into some one of the tribes lawfully residing there, according to
its laws and usages: Provided, however, That said Indians shall not be required
to settle upon said reservation until such time as the United States shall have
extinguished all claims of title thereto on the part of other Indians, so that
the Indians parties hereto may live thereon at peace with all other tribes:
Provided, however, That as soon as practicable, with the assent of said tribe,
the President of the United States shall designate for said tribes a
reservation, no part of which shall be within the State of Kansas, and cause
them as soon as practicable to remove to and settle thereon, but no such
reservation shall be designated upon any reserve belonging to any other Indian
tribe or tribes without their consent.
The Indians parties hereto, on their part, expressly agree to remove to and
accept as their permanent home the country embraced within said limits whenever
directed so to do by the President of the United States, in accordance with the
provisions of this treaty, and that they will not go from said country for
hunting or other purposes without the consent in writing of their agent or other
authorized person, such written consent in all cases specifying the purpose for
which such leave is granted, and shall be borne with them upon their excursions
as evidence that they are rightfully away from their reservation, and shall be
respected by all officers, employees, and citizens of the United States as their
sufficient safeguard and protection against injury or damage in person or
property by any and all persons whomsoever.
It is further agreed by the Indians parties hereto that when absent from their
reservation they will refrain from the commission of any depredations or
injuries to the person or property of all persons sustaining friendly relations
with the Government of the United States; that they will not, while so absent,
encamp by day or night within ten miles of any of the main traveled routes or
roads through the country to which they go, or of the military posts, towns, or
villages therein, without the consent of the commanders of such military posts,
or of the civil authorities of such towns or villages; and that henceforth they
will, and do hereby, relinquish all claims or rights in and to any portion of
the United States or Territories, except such as is embraced within the limits
aforesaid, and more especially their claims and rights in and to the country
bounded as follows, viz: beginning at the junction of the north and south forks
of the Platte River; thence up the north fork to the top of the principal range
of the Rocky Mountains, or to the Red Buttes; thence southwardly along the
summit of the Rocky Mountains to the headwaters of the Arkansas River; thence
down the Arkansas River to the Cimarone crossing of the same; thence to the
place of beginning; which country they claim to have originally owned, and never
to have relinquished the title thereto.
Article 3. It is further agreed that until the Indians parties hereto
have removed to the reservation provided for by the preceding article in
pursuance of the stipulations thereof, said Indians shall be, and they are
hereby, expressly permitted to reside upon and range at pleasure throughout the
unsettled portions of that part of the country they claim as originally theirs,
which lies between the Arkansas and Platte Rivers; and that they shall and will
not go elsewhere, except upon the terms and conditions prescribed by the
preceding article in relation to leaving the reservation thereby provided for:
Provided, That the provisions of the preceding article in regard to encamping
within ten miles of main travelled routes, military posts, towns, and villages
shall be in full force as to occupancy of the country named and permitted by the
terms of this article: Provided, further, That they, the said Indians, shall and
will at all times during such occupancy, without delay, report to the commander
of the nearest military post the presence in or approach to said country of any
hostile bands of Indians whatsoever.
Article 4. It is further agreed by the parties hereto that the United
States may lay off and build through the reservation, provided for by Article 2
of this treaty, such roads or highways as may be deemed necessary; and may also
establish such military posts within the same as may be found necessary in order
to preserve peace among the Indians, and in order to enforce such laws, rules,
and regulations as are now, or may from time to time be, prescribed by the
President and Congress of the United States for the protection of the rights of
persons and property among the Indians residing upon said reservation; and
further, that in time of war such other military posts as may be considered
essential to the general interests of the United States may be established:
Provided, however, That upon the building of such roads, or establishment of
such military posts, the amount of injury sustained by reason thereof by the
Indians inhabiting said reservation shall be ascertained under direction of the
President of the United States, and thereupon such compensation shall be made to
said Indians as in the judgment of the Congress of the United States may be
deemed just and proper.
Article 5. At the special request of the Cheyenne and Arrapahoe Indians,
parties to this treaty, the United States agree to grant, by patent in
fee-simple, to the following-named persons, all of whom are related to the
Cheyennes or Arrapahoes by blood, to each an amount of land equal to one section
of six hundred and forty acres, viz: To Mrs. Margaret Wilmarth and her children,
Virginia Fitzpatrick, and Andrew Jackson Fitzpatrick; to Mrs. Mary Keith and her
children, William Keith, Mary J. Keith, and Francis Keith; to Mrs. Matilda
Pepperdin and her child, Miss Margaret Pepperdin; to Robert Poisal and John
Poisal; to Edmund Guerrier, Rosa Guerrier, and Julia Guerrier; to William W.
Bent's daughter, Mary Bent Moore, and her three children, Adia Moore, William
Bent Moore, and George Moore; to William W. Bent's children, George Bent,
Charles Bent, and Julia Bent; to A-ma-che, the wife of John Prowers, and her
children, Mary Prowers and Susan Prowers; to the children of Ote-se-ot-see, wife
of John Y. Sickles, viz: Margaret, Minnie, and John; to the children of John S.
Smith, interpreter, William Gilpin Smith, and daughter Armama; to Jenny Lind
Crocker, daughter of Ne-sou-hoe, or Are-you-there, wife of Lieutenant Crocker;
to — Winsor, daughter of Tow-e-nah, wife of A. T. Winsor, sutler, formerly at
Fort Lyon. Said lands to be selected under the direction of the Secretary of the
Interior, from the reservation established by the 1st article of their treaty of
February 18, A. D. 1861: Provided, That said locations shall not be made upon
any lands heretofore granted by the United States to any person, State, or
corporation, for any purpose.
Article 6. The United States being desirous to express its condemnation
of, and, as far as may be, repudiate the gross and wanton out-rages perpetrated
against certain bands of Cheyenne and Arrapahoe Indians, on the twenty-ninth day
of November, A. D. 1864, at Sand Creek, in Colorado Territory, while the said
Indians were at peace with the United States, and under its flag, whose
protection they had by lawful authority been promised and induced to seek, and
the Government being desirous to make some suitable reparation for the injuries
then done, will grant three hundred and twenty acres of land by patent to each
of the following-named chiefs of said bands, viz: Moke-ta-ve-to, or Black
Kettle; Oh-tah-ha-ne-so-weel, or Seven Bulls; Alik-ke-home-ma, or Little Robe;
Moke-tah-vo-ve-hoe, or Black White Man; and will in like manner grant to each
other person of said bands made a widow, or who lost a parent upon that
occasion, one hundred and sixty acres of land, the names of such persons to be
ascertained under the direction of the Secretary of the Interior: Provided, That
said grants shall be conditioned that all devises, grants, alienations, leases,
and contracts relative to said lands, made or entered into during the period of
fifty years from the date of such patents, shall be unlawful and void. Said
lands shall be selected under the direction of the Secretary of the Interior
within the limits of country hereby set apart as a reservation for the Indians
parties to this treaty, and shall be free from assessment and taxation so long
as they remain inalienable. The United States will also pay in United States
securities, animals, goods, provisions, or such other useful articles as may, in
the discretion of the Secretary of the Interior, be deemed best adapted to the
respective wants and conditions of the persons named in the schedule hereto
annexed, they being present and members of the bands who suffered at Sand Creek,
upon the occasion aforesaid, the sums set opposite their names, respectively, as
a compensation for property belonging to them, and then and there destroyed or
taken from them by the United States troops aforesaid.
Article 7. The United States agree that they will expend annually during
the period of forty years, from and after the ratification of this treaty, for
the benefit of the Indians who are parties hereto, and of such others as may
unite with them in pursuance of the terms hereof, in such manner and for such
purposes as, in the judgment of the Secretary of the Interior, for the time
being, will best subserve their wants and interests as a people, the following
amounts, that is to say, until such time as said Indians shall be removed to
their reservation, as provided for by Article 2 of this treaty, an amount which
shall be equal to twenty dollars per capita for each person entitled to
participate in the beneficial provisions of this treaty, and from and after the
time when such removal shall have been accomplished, an amount which shall be
equal to forty dollars per capita for each person entitled as aforesaid. Such
proportion of the expenditure provided for by this article as may be considered
expedient to distribute in the form of annuities shall be delivered to said
Indians as follows, viz: one-third thereof during the spring, and two-thirds
thereof during the autumn of each year.
For the purpose of determining from time to time the aggregate amount to be
expended under the provisions of this article, it is agreed that the number
entitled to its beneficial provisions the coming year is two thousand eight
hundred, and that an accurate census of the Indians entitled shall be taken at
the time of the annuity payment in the spring of each year by their agent or
other person designated for that purpose by the Secretary of the Interior, which
census shall be the basis on which the amount to be expended the next ensuing
year shall be determined.
Article 8. The Indians parties to this treaty expressly covenant and
agree that they will use their utmost endeavor to induce that portion of the
respective tribes not now present to unite with them and acceed to the
provisions of this treaty, which union and accession shall be evidenced and made
binding on all parties whenever such absentees shall have participated in the
beneficial provisions of this treaty.
Article 9. Upon the ratification of this treaty all former treaties are
hereby abrogated.
In testimony whereof, the said Commissioners as aforesaid, and the undersigned
chiefs and headmen of the confederated tribes of the Arrapahoes and Cheyennes of
the Upper Arkansas, have hereunto set their hands and seals, at the place ard on
the day and year first hereinbefore written.
Commissioners on the part of the United States
John B. Sanborn
Wm. S. Harney
Thos. Murphy
Kit Carson
Wm. W. Bent
J. H. Leavenworth
James Steele
On the part of the Cheyennes
Moke-ta-ve-to, or Black Kettle, head chief
Oh-to-ah-ne-so-to-wheo, or Seven Bulls, chief
Hark-kah-o-me, or Little Robe, chief
Moke-tah-vo-ve-ho, or Black White Man, chief
Mun-a-men-ek, or Eagle's Head, headman
O-to-ah-nis-to, or Bull that Hears, headman
On the part of the Arrapahoes
Oh-has-tee, or Little Raven, head chief
Oh-hah-mah-hah, or Storm, chief
Pah-uf-pah-top, or Big Mouth, chief
Ah-cra-kah-tau-nah, or Spotted Wolf, chief
Ah-nah-wat-tan, or Black Man, headman
Nah-a-nah-cha, or Chief in Everything, headman
Chi-e-nuk, or Haversack, headman
Signed and sealed in the presence of:
John S. Smith, United States interpreter
W. R. Irwin, Secretaries
O. T. Atwood, Secretaries
S. A. Kingman, Secretaries
D. C. McNeil
E. W. Wynkoop
Bon. H. Van Havre
J. E. Badger
W. W. Rich
Treaty With The Appalachicola Band, October 11, 1832
The undersigned chiefs, for and in behalf of themselves and
warriors, surrender to the United States, all their right, title and interest to
a reservation of land made for their benefit, in the additional article of the
treaty, concluded at Camp Moultrie, in the Territory of Florida, on the 18th of
September, eighteen hundred and twenty-three, and which is described in said
article, "as commencing on the Appalachicola, one mile below Tuski Hajo's
improvements, running up said river four miles, thence west two miles, thence
southerly to a point due west of the beginning, thence east to the beginning
point," and agree to remove with their warriors and families, now occupying said
reservation, and amounting in all to (256) two hundred and fifty-six souls, to
the west of the Mississippi river, beyond the limits of the States and
Territories of the United States of America.
Article 2. For, and in consideration of said surrender, and to meet the
charges of a party to explore immediately the country west in search of a home
more suitable to their habits, than the one at present occupied, and in full
compensation for all the expenses of emigration, and subsistence for themselves
and party: The United States agree to pay to the undersigned chiefs, and their
warriors, thirteen thousand dollars; three thousand dollars in cash, the receipt
of which is herewith acknowledged, and ten thousand dollars whenever they have
completed their arrangements, and have commenced the removal of their whole
party.
Article 3. The undersigned chiefs, with their warriors and families, will
evacuate the reservation of land surrendered by the first article of this
agreement, on or before the first of November, eighteen hundred and
thirty-three; but should unavoidable circumstances prevent the conclusion of the
necessary preparatory arrangements by that time, it is expected that the
indulgence of the government of the United States will be reasonably extended
for a term, not to exceed however another year.
Article 4. The United States further stipulate to continue to Blunt and
Davy (formerly Tuski Hajo deceased) the Chiefs of the towns now consenting to
emigrate, their proportion of the annuity of five thousand dollars which they at
present draw, and to which they are entitled under the treaty of Camp Moultrie,
so long as they remain in the Territory of Florida, and to advance their
proportional amount of the said annuity for the balance of the term stipulated
for its payment in the treaty aforesaid; whenever they remove in compliance of
the terms of this agreement.
In testimony whereof, the commissioner, James Gadsden, in behalf of the United
States, and the undersigned chiefs and warriors have hereunto subscribed their
names and affixed their seals.
Done at Tallahassee, in the territory of Florida, this eleventh day of October
one thousand eight hundred and thirty-two, and of the Independence of the United
States the fifty-seventh.
James Gadsden, Commissioner
John Blunt
O Saa-Hajo, or Davy
Co-ha-thlock-co, or Cockrane
Witnesses:
Wm. P. Duval, Superintendent
Stephen Richards, Interpreter
Robt. W. Williams
R. Lewis
Tho. Brown
James D. Westcott, jr.
Treaty With The Comanche, Kiowa, and Apache, July 27, 1853
Articles of a treaty, made and concluded at Fort Atkinson, in the Indian
Territory, of the United States of America, on the 27th day of July, anno Domini
eighteen hundred and fifty-three, between the United States of America, by
Thomas Fitzpatrick, Indian agent, and sole commissioner, duly appointed for that
purpose, and the Camanche, and Kiowa, and Apache tribes or nations of Indians,
inhabiting the said territory south of the Arkansas River.
Article 1. Peace, friendship, and amity shall hereafter exist between the
United States and the Camanche and Kiowa, and Apache tribes of Indians, parties
to this treaty, and the same shall be perpetual.
Article 2. The Camanche, Kiowa, and Apache tribes of Indians do hereby
jointly and severally covenant that peaceful relations shall likewise be
maintained amongst themselves in future; and that they will abstain from all
hostilities whatsoever against each other, and cultivate mutual good-will and
friendship.
Article 3. The aforesaid Indian tribes do also hereby fully recognize and
acknowledge the right of the United States to lay off and mark out roads or
highways—to make reservations of land necessary thereto—to locate depots—and to
establish military and other posts within the territories inhabited by the said
tribes; and also to prescribe and enforce, in such manner as the President or
the Congress of the United States shall from time to time direct, rules and
regulations to protect the rights of persons and property among the said Indian
tribes.
Article 4. The Camanche, Kiowa, and Apache tribes, parties as before
recited, do further agree and bind themselves to make restitution or
satisfaction for any injuries done by any band or any individuals of their
respective tribes to the people of the United States who may be lawfully
residing in or passing through their said territories; and to abstain hereafter
from levying contributions from, or molesting them in any manner; and, so far as
may be in their power, to render assistance to such as need relief, and to
facilitate their safe passage.
Article 5. The Camanche, and Kiowa, and Apache tribes of Indians, parties
to this treaty, do hereby solemnly covenant and agree to refrain in future from
warlike incursions into the Mexican provinces, and from all depredations upon
the inhabitants thereof; and they do likewise bind themselves to restore all
captives that may hereafter be taken by any of the bands, war-parties, or
individuals of the said several tribes, from the Mexican provinces aforesaid,
and to make proper and just compensation for any wrongs that may be inflicted
upon the people thereof by them, either to the United States or to the Republic
of Mexico, as the President of the United States may direct and require.
Article 6. In consideration of the foregoing agreements on the part of
the Camanche, and Kiowa, and Apache tribes, parties to this treaty—of the losses
which they may sustain by reason of the travel of the people of the United
States through their territories—and for the better support, and the improvement
of the social condition of the said tribes—the United States do bind themseles,
and by these presents stipulate to deliver to the Camanche, Kiowa, and Apache
tribes aforesaid, the sum of eighteen thousand dollars per annum, for and during
the term of ten years next ensuing from this date, and for the additional term
of five years, if, in the opinion of the President of the United States, such
extension shall be advisable;—the same to be given to them in goods,
merchandise, provisions, or agricultural implements, or in such shape as may be
best adapted to their wants, and as the President of the United States may
designate, and to be distributed amongst the said several tribes in proportion
to the respective numbers of each tribe.
Article 7. The United States do moreover bind themselves, in
consideration of the covenants contained in the preceding articles of this
treaty, to protect and defend the Indian tribes, parties hereto, against the
committal of any depredations upon them, and in their territories, by the people
of the United States, for and during the term for which this treaty shall be in
force, and to compensate them for any injuries that may result therefrom.
Article 8. It is also stipulated and provided, by and between the parties
to this treaty, that should any of the Indian tribes aforesaid violate any of
the conditions, provisions, or agreements herein contained, or fail to perform
any of the obligations entered into on their part, then the United States may
withhold the whole or a part of the annuities mentioned in the sixth article of
this treaty, from the tribe so offending, until, in the opinion of the President
or the Congress of the United States, proper satisfaction shall have been made,
or until persons amongst the said Indians offending against the laws of the
United States shall have been delivered up to justice.
Article 9. It is also consented to and determined between the parties
hereto, that the annuities to be given on the part of the United States, as
provided in the sixth article of this treaty, shall be delivered to the said
Indian tribes collectively, at or in the vicinity of Beaver Creek, yearly,
during the month of July in each year, until some other time and place shall
have been designated by the President of the United States, in which event the
said Indian tribes shall have due notice thereof, and the place of distribution
which may be selected shall always be some point within the territories occupied
by the said tribes.
Article 10. It is agreed between the United States and the Camanche,
Kiowa, and Apache tribes of Indians, that, should it at any time hereafter be
considered by the United States as a proper policy to establish farms among and
for the benefit of said Indians, it shall be discretionary with the President,
by and with the advice and consent of the Senate, to change the annuities herein
provided for, or any part thereof, into a fund for that purpose.
In witness whereof, the said Thomas Fitzpatrick, Indian Agent, and sole
commissioner on the part of the United States, and the undersigned chiefs and
headmen of the Camanche and Kiowa, and Apache tribes or nations, have hereunto
set their hands, at Fort Atkinson, in the Indian Territory of the United States,
this twenty-seventh day of July, A. D. eighteen hundred and fifty-three.
Thomas Fitzpatrick, Indian Agent, and Commissioner on behalf of the United
States.
B. Gratz Brown, Secretary
R. H. Chilton
B. T. Moylero
Wulea-boo, (Shaved Head) Chief Camanche
Wa-ya-ba-tos-a, (White Eagle) Chief of band
Hai-nick-seu, (The Crow) Chief of band
Paro-sa-wa-no, (Ten Sticks) Chief of band
Wa-ra-kon-alta, (Poor Cayote Wolf) Chief of band
Ka-na-re-tah, (One that Rides the Clouds) Chief of the Southern Camanches.
To-hau-sen, (Little Mountain) Chief Kiowas
Si-tank-ki, (Sitting Bear) War Chief
Tah-ka-eh-bool, (The Bad Smelling Saddle) Headman
Che-koon-ki, (Black Horse) Headman
On-ti-an-te, (The Snow Flake) Headman
El-bo-in-ki, (Yellow Hair) Headman
Si-tah-le, (Poor Wolf) Chief Apache
Oh-ah-te-kah, (Poor Bear) Headman
Ah-zaah, (Prairie Wolf) Headman
Kootz-zah, (The Cigar) Headman
Witness:
B. B. Dayton
Geo. M. Alexander
T. Polk,
Geo. Collier, jr.
We do hereby accept and consent to the Senate amendments to the treaty
aforesaid, and agree that the same may be considered as a part thereof.
In testimony whereof we have hereunto set our hands and affixed our seals, this
21st day of July, A. D. 1854.
Camanches:
To-che-ra-nah-boo, (Shaved Head,)
Wa-ya-ba-to-sa, (White Eagle,)
Hai-nick-seu, (Crow,)
Ty-har-re-ty, (One who runs after women,)
Para-sar-a-man-no, (Ten Bears,)
Kiowas:
To-han-seu, (Little Mountain,)
Ti-sank-ki, (Sitting Bear,)
Ko-a-ty-ka, (Wolf outside,)
Executed in presence of:
Aquilla T. Ridgely, assistant surgeon, U. S. Army
A. H. Plummer, brevet second lieutenant, Sixth Infantry
Paul Carrey
John Kinney, United States interpreter
H. E. Nixon, clerk
I certify that the foregoing amendments to the treaty of 27th day of July, 1853,
was read and explained to the chiefs, and that they consented to, and signed the
same on the 21st day of July, 1854.
J. W. Whitfield, Indian Agent
Treaty With The Kiowa, Comanche, And Apache, October 21, 1867
Articles of a treaty concluded at the Council Camp on Medicine Lodge Creek,
seventy miles south of Fort Larned, in the State of Kansas, on the twenty-first
day of October, eighteen hundred and sixty-seven, by and between the United
States of America, represented by its commissioners duly appointed thereto
to-wit: Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred S. [H.]
Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Henderson, of the one part,
and the Kiowa, Comanche, and Apache Indians, represented by their chiefs and
headmen duly authorized and empowered to act for the body of the people of said
tribes (the names of said chiefs and headmen being hereto subscribed) of the
other part, witness:
Whereas, on the twenty-first day of October, eighteen hundred and sixty-seven, a
treaty of peace was made and entered into at the Council Camp, on Medicine Lodge
Creek, seventy miles south of Fort Larned, in the State of Kansas, by and
between the United States of America, by its commissioners Nathaniel G. Taylor,
William S. Harney, C. C. Augur, Alfred H. Terry, John B. Sanborn, Samuel F.
Tappan, and J. B. Henderson, of the one part, and the Kiowa and Comanche tribes
of Indians, of the Upper Arkansas, by and through their chiefs and headmen whose
names are subscribed thereto, of the other part, reference being had to said
treaty; and whereas, since the making and signing of said treaty, at a council
held at said camp on this day, the chiefs and headmen of the Apache nation or
tribe of Indians express to the commissioners on the part of the United States,
as aforesaid, a wish to be confederated with the said Kiowa and Comanche tribes,
and to be placed, in every respect, upon an equal footing with said tribes; and
whereas, at a council held at the same place and on the same day, with the
chiefs and headmen of the said Kiowa and Comanche Tribes, they consent to the
confederation of the said Apache tribe, as desired by it, upon the terms and
conditions hereinafter set forth in this supplementary treaty: Now, therefore,
it is hereby stipulated and agreed by and between the aforesaid commissioners,
on the part of the United States, and the chiefs and headmen of the Kiowa and
Comanche tribes, and, also, the chiefs and headmen of the said Apache tribe, as
follows, to-wit:
Article 1. The said Apache tribe of Indians agree to confederate and
become incorporated with the said Kiowa and Comanche Indians, and to accept as
their permanent home the reservation described in the aforesaid treaty with said
Kiowa and Comanche tribes, concluded as aforesaid at this place, and they pledge
themselves to make no permanent settlement at any place, nor on any lands,
outside of said reservation.
Article 2. The Kiowa and Comanche tribes, on their part, agree that all
the benefits and advantages arising from the employment of physicians, teachers,
carpenters, millers, engineers, farmers, and blacksmiths, agreed to be furnished
under the provisions of their said treaty, together with all the advantages to
be derived from the construction of agency buildings, warehouses, mills, and
other structures, and also from the establishment of schools upon their said
reservation, shall be jointly and equally shared and enjoyed by the said Apache
Indians, as though they had been originally a part of said tribes; and they
further agree that all other benefits arising from said treaty shall be jointly
and equally shared as aforesaid.
Article 3. The United States, on its part, agrees that clothing and other
articles named in Article X. of said original treaty, together with all money or
other annuities agreed to be furnished under any of the provisions of said
treaty, to the Kiowa and Comanches, shall be shared equally by the Apaches. In
all cases where specific articles of clothing are agreed to be furnished to the
Kiowas and Comanches, similar articles shall be furnished to the Apaches, and a
separate census of the Apaches shall be annually taken and returned by the
agent, as provided for the other tribes. And the United States further agrees,
in consideration of the incorporation of said Apaches, to increase the annual
appropriation of money, as provided for in Article X. of said treaty, from
twenty-five thousand to thirty thousand dollars; and the latter amount shall be
annually appropriated, for the period therein named, for the use and benefit of
said three tribes, confederated as herein declared; and the clothing and other
annuities, which may from time to time be furnished to the Apaches, shall be
based upon the census of the three tribes, annually to be taken by the agent,
and shall be separately marked, forwarded, and delivered to them at the agency
house, to be built under the provisions of said original treaty.
Article 4. In consideration of the advantages conferred by this
supplementary treaty upon the the Apache tribe of Indians, they agree to observe
and faithfully comply with all the stipulations and agreements entered into by
the Kiowas and Comanches in said original treaty. They agree, in the same
manner, to keep the peace toward the whites and all other persons under the
jurisdiction of the United States, and to do and perform all other things
enjoined upon said tribes by the provisions of said treaty; and they hereby give
up and forever relinquish to the United States all rights, privileges, and
grants now vested in them, or intended to be transferred to them, by the treaty
between the United States and the Cheyenne and Arapahoe tribes of Indians,
concluded at the camp on the Little Arkansas River, in the State of Kansas, on
the fourteenth day of October, one thousand eight hundred and sixty-five, and
also by the supplementary treaty, concluded at the same place on the seventeenth
day of the same month, between the United States, of the one part, and the
Cheyenne, Arapahoe, and Apache tribes, of the other part.
In testimony of all which, the said parties have hereunto set their hands and
seals at the place and on the day hereinbefore stated.
N. G. Taylor, President of Indian Commission [SEAL.]
Wm. S. Harney, Brevet Major-General, Commissioner, &c. [SEAL.]
C. C. Augur, Brevet Major-General [SEAL.]
Alfred H. Terry, Brevet Major-General and Brigadier-General [SEAL.]
John B. Sanborn. [SEAL.]
Samuel F. Tappan. [SEAL.]
J. B. Henderson. [SEAL.]
On the part of the Kiowas
Satanka, or Sitting bear, his x mark
Sa-tan-ta, or White Bear, his x mark
Wah-toh-konk, or Black Eagle, his x mark
Ton-a-en-ko, or Kicking Eagle, his x mark
Fish-e-more, or Stinking Saddle, his x mark
Ma-ye-tin, or Woman's Heart, his x mark
Sa-tim-gear, or Stumbling Bear, his x mark
Sa-pa-ga, or One Bear, his x mark
Cor-beau, or The Crow, his x mark
Sa-ta-more, or Bear Lying Down, his x mark
On the part of the Comanches:
Parry-wah-say-men, or Ten Bears, his x mark
Tep-pe-navon, or Painted Lips, his x mark
To-she-wi, or Silver Brooch, his x mark
Cear-chi-neka, or Standing Feather, his x mark
Ho-we-ar, or Gap in the Woods, his x mark
Tir-ha-yah-gua-hip, or Horse's Back, his x mark
Es-a-man-a-ca, or Wolf's Name, his x mark
Ah-te-es-ta, or Little Horn, his x mark
Pooh-yah-to-yeh-be, or Iron Mountain, his x mark
Sad-dy-yo, or Dog Fat, his x mark
On the part of the Apaches:
Mah-vip-pah, Wolf's Sleeve, his x mark
Kon-zhon-ta-co, Poor Bear, his x mark
Cho-se-ta, or Bad Back, his x mark
Nah-tan, or Brave Man, his x mark
Ba-zhe-ech, Iron Shirt, his x mark
Til-la-ka, or White Horn, his x mark
Attest:
Ashton S. H. White, secretary
Geo. B. Willis, reporter
Philip McCusker, interpreter
John D. Howland, clerk Indian Commission
Sam'l S. Smoot, United States surveyor
A. A. Taylor
J. H. Leavenworth, United States Indian agent
Thos. Murphy, superintendent Indian affairs
Joel H. Elliott, major, Seventh U.S. Cavalry
Treaty With The Appalachicola Band, June 18, 1833.
The undersigned Chiefs for and in behalf of themselves, and Warriors
voluntarily relinquish all the privileges to which they are entitled as parties
to a treaty concluded at Camp Moultrie on the 18th of September 1823, and
surrender to the United States all their right, title and interest to a
reservation of land made for their benefit in the additional article of the said
Treaty and which is described in the said article as commencing "on the
Appalachicola, at a point to include Yellow Hare's improvements, thence up said
river four miles; thence, west, one mile; thence southerly to a point one mile
west of the beginning; and thence, east, to the beginning point."
Article 2. For, and in consideration of said cession the U. States agree
to grant, and to convey in three (3) years by patent to Mulatto King or
Vacapasacy; and to Tustenuggy Hajo, head Chief of Ematlochees town, for the
benefit of themselves, sub-Chiefs, and Warriors, a section and a half of land to
each; or contiguous quarter and fractional sections containing a like quantity
of acres; to be laid off hereafter under the direction of the President of the
U. States so as to embrace the said Chiefs' fields and improvements, after the
lands shall have been surveyed, and the boundaries to correspond with the public
surveys; it being understood that the aforesaid Chiefs may with the consent and
under the advisement of the Executive of the Territory of Florida, at any time
previous to the expiration of the above three years, dispose of the said
sections of land, and migrate to a country of their choice; but that should they
remain on their lands, the U. States will so soon as Blunt's band and the
Seminoles generally have migrated under the stipulations of the treaties
concluded with them, withdraw the immediate protection hitherto extended to the
aforesaid Chiefs and Warriors and that they thereafter become subject to the
government and laws of the territory of Florida.
Article 3. The U. States stipulate to continue to Mulato King and
Tustenuggy Hadjo, their sub-Chiefs and Warriors their proportion of the annuity
of (5000) five thousand dollars to which they are entitled under the treaty of
Camp Moultrie, so long as the Seminoles remain in the Territory, and to advance
their proportional amount of the said annuity for the balance of the term
stipulated for its payment in the treaty aforesaid, whenever the Seminoles
finally remove in compliance with the terms of the treaty concluded at Payne's
Landing on 9th May 1832.
Article 4. If at any time hereafter the Chiefs and Warriors, parties to
this agreement, should feel disposed to migrate from the Territory to Florida to
the country allotted to the Creeks and Seminoles in Arkansas, should they elect
to sell their grants of land as provided for in the first article of this
treaty, they must defray from the proceeds of the sales of said land, or from
their private resources all the expenses of their migration, subsistence,
&c.—but if they prefer they may by surrendering to the U. States all the rights
and privileges acquired under the provisions of this agreement, become parties
to the obligations, provisions and stipulations of the treaty concluded at
Payne's landing with the Seminoles on the 9th of May, 1832, as a constituent
part of said tribe, and re-unite with said tribe in their new abode on the
Arkansas. The U. States, in that event, agreeing to pay (3,000) three thousand
dollars for the reservation relinquished in the first article of this treaty, in
addition to the rights and immunities the parties may acquire under the
aforesaid treaty at Payne's landing.
In testimony whereof, the commissioner, James Gadsden, in behalf of the United
States, and the undersigned chiefs and warriors, have hereunto subscribed their
names, and affixed their seals.
Done at Pope's, Fayette county, in the territory of Florida, this eighteenth day
of June, one thousand eight hundred and thirty-three, and of the independence of
the United States, the fifty-eighth.
James Gadsden
Mulatto King, or Vacapachacy
Tustenuggy Hajo
Yellow Hare
John Walker
Yeo-lo-hajo
Cath-a-hajo
Lath-la-yahola
Pa-hosta Tustenuckey
Tuse-caia-hajo
Witnesses:
Wm. S. Pope, sub-agent
Robert Larance
Joe Miller, Interpreter
Jim Walker, Interpreter
Treaty of Fort Laramie with Sioux, Sept. 17, 1851.
Articles of a treaty made and concluded at Fort Laramie, in the
Indian Territory, between D. D. Mitchell, superintendent of Indian affairs, and
Thomas Fitzpatrick, Indian agent, commissioners specially appointed and
authorized by the President of the United States, of the first part, and the
chiefs, headmen, and braves of the following Indian nations, residing south of
the Missouri River, east of the Rocky Mountains, and north of the lines of Texas
and New Mexico, viz, the Sioux or Dahcotahs, Cheyennes, Arrapahoes, Crows.
Assinaboines, Gros-Ventre Mandans, and Arrickaras, parties of the second part,
on the seventeenth day of September, A. D. one thousand eight hundred and
fifty-one.
Article I. The aforesaid nations, parties to this treaty. having
assembled for the purpose of establishing and confirming peaceful relations
amongst themselves, do hereby covenant and agree to abstain in future from all
hostilities whatever against each other, to maintain good faith and friendship
in all their mutual intercourse, and to make an effective and lasting peace.
Article II. The aforesaid nations do hereby recognize the right of the
United States Government to establish roads, military and other posts, within
their respective territories.
Article III. In consideration of the rights and privileges acknowledged
in the preceding article, the United States bind themselves to protect the
aforesaid Indian nations against the commission of all depredations by the
people of the said United States, after the ratification of this treaty.
Article IV. The aforesaid Indian nations do hereby agree and bind
themselves to make restitution or satisfaction for any wrongs committed, after
the ratification of this treaty, by any band or individual of their people, on
the people of the United States, whilst lawfully residing in or passing through
their respective territories.
Article V. The aforesaid Indian nations do hereby recognize and
acknowledge the following tracts of country, included within the metes and
boundaries hereinafter designated, as their respective territories, viz:
The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White
Earth River, on the Missouri River: thence in a southwesterly direction to the
forks of the Platte River: thence up the north fork of the Platte River to a
point known as the Red Bute, or where the road leaves the river; thence along
the range of mountains known as the Black Hills, to the head-waters of Heart
River; thence down Heart River to its mouth; and thence down the Missouri River
to the place of beginning.
The territory of the Gros Ventre, Mandans, and Arrickaras Nations, commencing at
the mouth of Heart River; thence up the Missouri River to the mouth of the
Yellowstone River; thence up the Yellowstone River to the mouth of Powder River
in a southeasterly direction, to the head-waters of the Little Missouri River;
thence along the Black Hills to the head of Heart River, and thence down Heart
River to the place of beginning.
The territory of the Assinaboin Nation, commencing at
the mouth of Yellowstone River; thence up the Missouri River to the mouth of the
Muscle-shell River; thence from the mouth of the Muscle-shell River in a
southeasterly direction until it strikes the head-waters of Big Dry Creek;
thence down that creek to where it empties into the Yellowstone River, nearly
opposite the mouth of Powder River, and thence down the Yellowstone River to the
place of beginning.
The territory of the Blackfoot Nation, commencing at the mouth of Muscle-shell
River; thence up the Missouri River to its source; thence along the main range
of the Rocky Mountains, in a southerly direction, to the head-waters of the
northern source of the Yellowstone River; thence down the Yellowstone River to
the mouth of Twenty-five Yard Creek; thence across to the head-waters of the
Muscle-shell River, and thence down the Muscle-shell River to the place of
beginning.
The territory of the Crow Nation, commencing at the mouth of Powder River on the
Yellowstone; thence up Powder River to its source; thence along the main range
of the Black Hills and Wind River Mountains to the head-waters of the
Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five
Yard Creek; thence to the head waters of the Muscle-shell River; thence down the
Muscle-shell River to its mouth; thence to the head-waters of Big Dry Creek, and
thence to its mouth.
The territory of the Cheyennes and Arrapahoes,
commencing at the Red Bute, or the place where the road leaves the north fork of
the Platte River; thence up the north fork of the Platte River to its source;
thence along the main range of the Rocky Mountains to the head-waters of the
Arkansas River; thence down the Arkansas River to the crossing of the Santa Fé
road; thence in a northwesterly direction to the forks of the Platte River, and
thence up the Platte River to the place of beginning.
It is, however, understood that, in making this
recognition and acknowledgement, the aforesaid Indian nations do not hereby
abandon or prejudice any rights or claims they may have to other lands; and
further, that they do not surrender the privilege of hunting, fishing, or
passing over any of the tracts of country heretofore described.
Article VI. The parties to the second part of this treaty having selected
principals or head-chiefs for their respective nations, through whom all
national business will hereafter be conducted, do hereby bind themselves to
sustain said chiefs and their successors during good behavior.
Article VII. In consideration of the treaty stipulations, and for the
damages which have or may occur by reason thereof to the Indian nations, parties
hereto, and for their maintenance and the improvement of their moral and social
customs, the United States bind themselves to deliver to the said Indian nations
the sum of fifty thousand dollars per annum for the term of ten years, with the
right to continue the same at the discretion of the President of the United
States for a period not exceeding five years thereafter, in provisions,
merchandise, domestic animals, and agricultural implements, in such proportions
as may be deemed best adapted to their condition by the President of the United
States, to be distributed in proportion to the population of the aforesaid
Indian nations.
Article VIII. It is understood and agreed that should any of the Indian
nations, parties to this treaty, violate any of the provisions thereof, the
United States may withhold the whole or a portion of the annuities mentioned in
the preceding article from the nation so offending, until, in the opinion of the
President of the United States, proper satisfaction shall have been made.
In testimony whereof the said D. D. Mitchell and Thomas
Fitzpatrick commissioners as aforesaid, and the chiefs, headmen, and braves,
parties hereto, have set their hands and affixed their marks, on the day and at
the place first above written.
D. D. Mitchell
Thomas Fitzpatrick
Commissioners.
Sioux:
Mah-toe-wha-you-whey, his x mark
Mah-kah-toe-zah-zah, his x mark
Bel-o-ton-kah-tan-ga, his x mark
Nah-ka-pah-gi-gi, his x mark
Mak-toe-sah-bi-chis, his x mark
Meh-wha-tah-ni-hans-kah, his x mark
Cheyennes:
Wah-ha-nis-satta, his x mark
Voist-ti-toe-vetz, his x mark
Nahk-ko-me-ien, his x mark
Koh-kah-y-wh-cum-est, his x mark
Arrapahoes:
Bè-ah-té-a-qui-sah, his x mark.
Neb-ni-bah-seh-it, his x mark.
Beh-kah-jay-beth-sah-es, his x mark.
Crows:
Arra-tu-ri-sash, his x mark
Doh-chepit-seh-chi-es, his x mark
Assinaboines:
Mah-toe-wit-ko, his x mark
Toe-tah-ki-eh-nan, his x mark
Mandans and Gros Ventres:
Nochk-pit-shi-toe-pish, his x mark
She-oh-mant-ho, his x mark
Arickarees:
Koun-hei-ti-shan, his x mark
Bi-atch-tah-wetch, his x mark
In the presence of:
A. B. Chambers, Secretary
S. Cooper, Colonel, U. S. Army
R. H. Chilton, Captain, First Drags
Thomas Duncan, Captain, Mounted Riflemen
Thos. G. Rhett, Brevet Captain R. M. R.
W. L. Elliott, First Lieutenant R. M. R.
C. Campbell, Interpreter for Sioux
John S. Smith, Interpreter for Cheyennes
Robert Meldrum, Interpreter for the Crows
H. Culbertson, Interpreter for Assiniboines and Gros Ventres
Francois L’Etalie, Interpreter for Arick arees
John Pizelle, Interpreter for the Arrapahoes
B. Gratz Brown
Robert Campbell
Edmond F. Chouteau
This treaty as signed was ratified by the Senate with
an amendment changing the annuity in Article 7 from fifty to ten years, subject
to acceptance by the tribes. Assent of all tribes except the Crows was procured
(see Upper Platte C., 570, 1853, Indian Office) and in subsequent agreements
this treaty has been recognized as in force.
Treaty With The Arapaho and Cheyenne, February 15, 1861
Articles of agreement and convention made and concluded at Fort Wise, in the
Territory of Kansas, on the eighteenth day of February, in the year of our Lord
one thousand eight hundred and sixty-one, by and between Albert G. Boone and F.
B. Culver, commissioners on the part of the United States, and the following
named chiefs and delegates, representing the confederated tribes of Arapahoe and
Cheyenne Indians of the Upper Arkansas River, viz: Little Raven, Storm,
Shave-Head, and Big-Mouth, (on the part of the Arapahoes), and Black Kettle,
White Antelope, Lean Bear, Little Wolf, and Left Hand, or Namos (on the part of
the Cheyennes), they being thereto duly authorized by said confederated tribes
of Indians.
Article 1.. The said chiefs and delegates of said Arapahoe and Cheyenne
tribes of Indians do hereby cede and relinquish to the United States all lands
now owned, possessed, or claimed by them, wherever situated, except a tract to
be reserved for the use of said tribes located within the following described
boundaries, to wit: Beginning at the mouth of the Sandy Fork of the Arkansas
River and extending westwardly along the said river to the mouth of Purgatory
River; thence along up the west bank of the Purgatory River to the northern
boundary of the Territory of New Mexico; thence west along said boundary to a
point where a line drawn due south from a point on the Arkansas River, five
miles east of the mouth of the Huerfano River, would intersect said northern
boundary of New Mexico; thence due north from that point on said boundary of the
Sandy Fork to the place of the beginning.
The Arapahoe and Cheyennes, being desirous of promoting settled habits of
industry and enterprise among themselves, by abolishing the tenure in common by
which they now hold their lands, and by assigning limited quantities thereof in
severalty to the individual members of the respective tribes, to be cultivated
and improved for their individual use and benefit, it is hereby agreed and
stipulated that the tract of country contained within the boundary above
described shall be set apart and retained by them for the purposes aforesaid.
According to the understanding among themselves, it is hereby agreed between the
United States and the said tribes that the said reservation shall be surveyed
and divided by a line to be run due north from a point on the northern boundary
of New Mexico, fifteen miles west of Purgatory River, and extending to the Sandy
Fork of the Arkansas River, which said line shall establish the eastern boundary
of that portion of the reservation, to be hereafter occupied by the Cheyennes,
and the western boundary of portion of said reservation to be hereafter occupied
by the Arapahoes.
Article 2. Out of the lands so set apart and retained there shall be
assigned to each member of said tribes, without distinction of age or sex, a
tract of forty acres, to include in every case, as far as practicable, a
reasonable portion of timber and water; one hundred and sixty acres of said
retained lands shall also be set apart and appropriated to the use and occupancy
of the agent, for the time being, of said tribes; and one hundred and sixty
acres shall also be reserved out of each division of the retained tract for the
establishment and support of schools for the education of the youth of the
tribe. The location of the tracts, the assignment of which is provided for in
this article, shall be made in as regular and compact a manner as possible, and
so as to admit of a distinct and well-defined exterior boundary, embracing the
whole of them, and any intermediate portions or parcels of land or water not
included in or made part of the tracts assigned in severalty. All such
intermediate parcels of land and water shall be owned in common by the tribe
occupying that portion of the reservation within the limits of which said
parcels of land and water may be included; but in case of increase in the tribe,
or other causes rendering it necessary or expedient, the said intermediate
parcels of land shall be subject to distribution and assignment in such manner
as the Secretary of the Interior may prescribe and direct. The whole of the
lands, assigned and unassigned, embraced within the exterior boundary herein
designated, shall constitute and be known as the Reservation of the Arapahoes
and Cheyennes of the Upper Arkansas; and all laws which have been or may be
passed by the Congress of the United States regulating trade and intercourse
with Indian tribes, shall have full force and effect over the same, and no white
person, except as shall be in the employment of the United States, shall be
allowed to reside or go upon any portion of said reservation without the written
permission of the superintendent of the central superintendency, or of the agent
of the tribes.
Article 3. The division and assignment in severalty among the Arapahoes
and Cheyennes of the land hereinbefore reserved for that purpose, shall be made
under the direction of the Secretary of the Interior, and his decision of all
questions arising thereupon shall be final and conclusive. Certificates shall be
issued by the Commissioner of Indian Affairs for the tracts assigned in
severalty, specifying the names of the individuals to whom they have been
assigned respectively, and that the said tracts are set apart for the exclusive
use and benefit of the assignees and their heirs. And said tracts shall not be
alienated in fee, leased, or otherwise disposed of, except to the United States,
or to members of the respective bands of Arapahoes and Cheyennes, and under such
rules and regulations as may be prescribed by the Secretary of the Interior. And
said tracts shall be exempt from taxation, levy, sale, or forfeiture, until
otherwise provided by Congress. Prior to the issue of the certificates
aforesaid, the Secretary of the Interior shall make such rules and regulations
as he may deem necessary or expedient respecting the disposition of any of said
tracts, in the case of the death of the person or persons to whom they may be
assigned, so that the same shall be secured to the families of such deceased
persons; and should any of the Indians to whom tracts shall be assigned, abandon
them, the said Secretary may take such action in relation to the proper
disposition thereof as, in his judgment, may be necessary and proper.
Article 4. In consideration of the foregoing cession, relinquishment, and
agreements, and for the purpose of establishing the Arapahoes and Cheyennes
comfortably upon the lands to be assigned to them in severalty, by building them
houses, and by furnishing them with agricultural implements, stock animals, and
other necessary aid and facilities for commencing agricultural pursuits under
favorable circumstances, the United States do hereby agree and stipulate as
follows, to wit:
1st. To protect the said Arapahoes and Cheyennes in the quiet and peaceful
possession of the said tract of land so reserved for their future home, and also
their persons and property thereon, during good behavior on their part.
2nd. To pay to them, or expend for their benefit the sum of thirty thousand
dollars per annum for fifteen years; that is to say, fifteen thousand dollars
per annum for each tribe for that number of years, commencing with the year in
which they shall remove to and settte and reside upon their said reservation;
making four hundred and fifty thousand dollars in annuities in the period of
fifteen years, of which sum the Secretary of the Interior shall, from time to
time, determine what proportion shall be expended for their benefit, and for
what object such expenditure shall be made, due regard being had, in making such
determination, to the best interests of said Indians. He shall likewise exercise
the power to make such provision out of said sums as he may deem to be necessary
and proper for the support and comfort of the aged or infirm and helpless
orphans of the said Indians. Their annuities may, at the discretion of the
President of the United States, be discontinued entirely, should said Indians
fail to make reasonable and satisfactory efforts to advance and improve their
condition; in which case such other provision shall be made for them as the
President and Congress may judge to be suitable and proper.
3rd. It is hereby agreed that the expenses to be incurred in the purchase of
agricultural implements, stock animals, etc., referred to in this article, as
also the cost and expenses of breaking up and fencing land, building houses,
store-houses, and other needful buildings, or in making such other improvements
as may be necessary for their comfort and welfare, shall be defrayed out of the
aforesaid sum of four hundred and fifty thousand dollars, to be paid to or
expended for the benefit of the Arapahoes and Cheyennes as annuities.
Article 5. To provide the said Indians with a mill suitable for sawing
timber and grinding grain, one or more mechanic shops, with necessary tools for
the same, and dwelling-houses for an interpreter, miller engineer for the mill,
(if one be necessary), farmers, and the mechanics that may be employed for their
benefit, the United States agree to expend therefor a sum not exceeding five
thousand dollars per annum for five years; and it is agreed that all articles of
goods and provisions, stock, implements, lumber, machinery, &c., referred to in
this treaty, shall be transported to the respective tribes of Arapahoes and
Cheyennes, at the cost and expense of the United States.
Article 6. The Arapahoes and Cheyennes of the Upper Arkansas, parties to
this Agreement, are anxious that all the members of their tribe shall
participate in the advantages herein provided for respecting their improvements
and civilization, and, to that end, to induce all that are now separated to
rejoin and reunite with them. It is therefore agreed that, as soon as
practicable, the Commissioner of Indian affairs shall cause the necessary
proceedings to be adopted to have them notified of this agreement and its
advantages; and to induce them to come in and unite with their brethren; and to
enable them to do so, and to sustain themselves for a reasonable time
thereafter, such assistance shall be provided for them, at the expense of the
tribe as may be actually necessary for that purpose: Provided, however, That
those who did not rejoin and permanently reunite themselves with the tribe
within one year from the date of the ratification of this treaty, shall not be
entitled to the benefit of any of its stipulations.
Article 7. Should any further aid from time to time be necessary to
enable the Arapahoes and Cheyennes of the Upper Arkansas to sustain themselves
successfully in agricultural or other industrial pursuits, such additional means
as may be required therefor shall be taken from the moneys due and belonging to
them under the provisions of former treaties or articles of agreement and
convention, and so much of said moneys as may be required to furnish them
further aid as aforesaid shall be applied in such manner, under the direction of
the Secretary of the Interior, as he shall consider best calculated to improve
and promote their welfare. And, in order to render unnecessary any further
treaty engagements or arrangements hereafter with the United States, it is
hereby agreed and stipulated that the President, with the assent of Congress,
shall have full power to modify or change any of the provisions of former
treaties with the Arapahoes and Cheyennes of the Upper Arkansas, in such manner
and to whatever extent he may judge to be necessary and expedient for their best
interests.
Article 8. All the expenses connected with and incident to the making of
this agreement and carrying out its provisions shall be defrayed by the United
States, except as otherwise herein provided.
Article 9. It is agreed that all roads and highways, laid out by
authority of law, shall have right of way through the lands within the
reservation hereinbefore specified, on the same terms as are provided by law
when roads and highways are made through lands of citizens of the United States.
Article 10. It is also agreed by the United States that the annuities now
paid to the Arapahoes and Cheyennes, under existing treaties or articles of
agreement and convention, shall be continued to them until the stipulations of
said treaties or articles of agreement and convention relating to such annuities
shall be fulfilled.
Article 11. [Stricken out.]
Article 12. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and the Senate of
the United States.
In testimony whereof, the said Commissioner[s] as aforesaid, and the said Chiefs
and Delegates of the Arapahoes and Cheyennes of the Upper Arkansas, have
hereunto set their hands and seals, at the place and on the day and year
hereinbefore written.
United States Indian Agent and Commissioner
A. G. Boone
Commissioner and Special Agent
F. B. Culver
On the part of the Arapahoes:
Ho-ha-ca-che, his x mark, or Little Raven.
Ac-ker-ba-the, his x mark, or Storm.
Che-ne-na-e-te, his x mark, Shave-Head.
Ma-na-sa-te, his x mark, Big Mouth.
On the part of the Cheyennes:
Mo-ta-va-to, his x mark, Black Kettle
Vo-ki-vokamast, his x mark, White Antelope
Avo-na-co, his x mark, Lean Bear
O-ne-a-ha-ket, his x mark. Little Wolf
Na-ko-hais-tah, his x mark, Tall Bear
A-am-a-na-co, his x mark, Left Hand, or Namos
John S. Smith, United States interpreter
Robert Bent, United States interpreter
Witnesses to the signatures:
John Sedgwick, major of Cavalry
R.Ransom, jr., lieutenant of Cavalry
J.E.B. Stuart, first lieutenant First Cavalry
John White, clerk to the Indian signatures
P.S.—And it is further understood, before signing the above treaty, that it was
the particular request and wish of the Chiefs and Councillors in general
convention, in consideration of Robert Bent being one of their half-breed tribe,
that he should have, as a gift from the nation, six hundred and forty acres of
land, covering the valley and what is called the Sulphur Spring, lying on the
north side of the Arkansas River and about five miles below the Pawnee Hills,
and they wish the general government to recognize and confirm the same; and that
Jack Smith, son of John S.Smith, who is also a half-breed of said nation, shall
have six hundred and forty acres of land, lying seven miles above Bent's Old
Fort, on the north side of the Arkansas River, including the valley and point of
rock, and respectfully recommend the general government to confirm and recognize
the same.
Treaty With The Cheyenne and Arapaho, October 28, 1867
Articles of a treaty and agreement made and entered into at the Council Camp
on Medicine Lodge Creek, seventy miles south of Fort Larned, in the State of
Kansas, on the twenty-eighth day of October, eighteen hundred and sixty-seven,
by and between the United States of America, represented by its commissioners
duly appointed thereto, to wit: Nathaniel G. Taylor, William S. Harney, C. C.
Augur, Alfred H. Terry, John B. Sanborn, Samuel F. Tappan and John B. Henderson,
of the one part, and the Cheyenne and Arapahoe tribes of Indians, represented by
their chiefs and head-men duly authorized and empowered to act for the body of
the people of said tribes—the names of said chiefs and head-men being hereto
subscribed—of the other part, witness:
Article 1. From this day forward all war between the parties to this
agreement shall forever cease. The Government of the United States desires
peace, and its honor is here pledged to keep it. The Indians desire peace, and
they now pledge their honor to maintain it.
If bad men among the whites, or among other people subject to the authority of
the United States, shall commit any wrong upon the person or property of the
Indians, the United States will, upon proof made to the agent and forwarded to
the Commissioner of Indian Affairs at Washington City, proceed at once to cause
the offender to be arrested and punished according to the laws of the United
States, and also reimburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person
or property of any one, white, black, or Indian, subject to the authority of the
United States and at peace therewith, the tribes herein named solemnly agree
that they will, on proof made to their agent, and notice by him, deliver up the
wrongdoer to the United States, to be tried and punished according to its laws;
and in case they wilfully refuse so to do, the person injured shall be re-imbursed
for his loss from the annuities or other moneys due or to become due to them
under this or other treaties made with the United States. And the President, on
advising with the Commissioner of Indian Affairs, shall prescribe such rules and
regulations for ascertaining damages, under the provisions of this article, as
in his judgment may be proper. But no such damages shall be adjusted and paid
until thoroughly examined and passed upon by the Commissioner of Indian Affairs
and the Secretary of the Interior, and no one sustaining loss, while violating,
or because of his violating, the provisions of this treaty or the laws of the
United States, shall be re-imbursed therefor.
Article 2. The United States agrees that the following district of
country, to wit: commencing at the point where the Arkansas River crosses the
37th parallel of north latitude, thence west on said parallel—the said line
being the southern boundary of the State of Kansas—to the Cimarone River,
(sometimes called the Red Fork of the Arkansas River), thence down said Cimarone
River, in the middle of the main channel thereof, to the Arkansas River; thence
up the Arkansas River, in the middle of the main channel thereof, to the place
of beginning, shall be and the same is hereby set apart for the absolute and
undisturbed use and occupation of the Indians herein named, and for such other
friendly tribes or individual Indians, as from time to time they may be willing,
with the consent of the United States, to admit among them; and the United
States now solemnly agrees that no persons except those herein authorized so to
do, and except such officers, agents, and employés of the Government as may be
authorized to enter upon Indian reservations in discharge of duties enjoined by
law, shall ever be permitted to pass over, settle upon, or reside in the
territory described in this article, or in such territory as may be added to
this reservation for the use of said Indians.
Article 3. If it should appear from actual survey or other examination of
said tract of land, that it contains less than one hundred and sixty acres of
tillable land for each person who at the time may be authorized to reside on it,
under the provisions of this treaty, and a very considerable number of such
persons shall be disposed to commence cultivating the soil as farmers, the
United States agrees to set apart for the use of said Indians as herein
provided, such additional quantity of arable land adjoining to said reservation,
or as near the same as it can be obtained, as may be required to provide the
necessary amount.
Article 4. The United States agrees at its own proper expense to
construct at some place near the center of said reservation, where timber and
water may be convenient, the following buildings, to wit: a warehouse or
store-room for the use of the agent in storing goods belonging to the Indians,
to cost not exceeding fifteen hundred dollars; an agency-building for the
residence of the agent, to cost not exceeding three thousand dollars; a
residence for the physician, to cost not more than three thousand dollars; and
five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer,
each to cost not exceeding two thousand dollars; also a school-house or
mission-building, so soon as a sufficient number of children can be induced by
the agent to attend school, which shall not cost exceeding five thousand
dollars. The United States agrees, further, to cause to be erected on said
reservation, near the other buildings herein authorized, a good steam circular
saw-mill, with a grist-mill and shingle machine attached; the same to cost not
exceeding eight thousand dollars.
Article 5. The United States agrees that the agent for said Indians in
the future shall make his home at the agency building; that he shall reside
among them, and keep an office open at all times for the purpose of prompt and
diligent inquiry into such matters of complaint by and against the Indians as
may be presented for investigation, under the provisions of their treaty
stipulations, as also for the faithful discharge of other duties enjoined on him
by law. In all cases of depredation on person or property, he shall cause the
evidence to be taken in writing and forwarded, together with his finding, to the
Commissioner of Indian Affairs, whose decision, subject to the revision of the
Secretary of the Interior, shall be binding on the parties to this treaty.
Article 6. If any individual, belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall desire to
commence farming, he shall have the privilege to select, in the presence and
with the assistance of the agent then in charge, a tract of land within said
reservation not exceeding three hundred and twenty acres in extent, which tract
when so selected, certified, and recorded in the land-book as herein directed,
shall cease to be held in common, but the same may be occupied and held in the
exclusive possession of the person selecting it, and of his family, so long as
he or they may continue to cultivate it. Any person over eighteen years of age,
not being the head of a family, may in like manner select and cause to be
certified to him, or her, for purposes of cultivation, a quantity of land not
exceeding eighty acres in extent, and thereupon be entitled to the exclusive
possession of the same as above directed.
For each tract of land so selected, a certificate containing a description
thereof, and the name of the person selecting it, with a certificate indorsed
thereon, that the same has been recorded, shall be delivered to the party
entitled to it by the agent, after the same shall have been recorded by him in a
book to be kept in his office, subject to inspection, which said book shall be
known as the "Cheyenne and Arapahoe Land Book." The President may at any time
order a survey of the reservation, and, when so surveyed, Congress shall provide
for protecting the rights of settlers in their improvements, and may fix the
character of the title held by each.
The United States may pass such laws on the subject of alienation and descent of
property, and on all subjects connected with the government of the Indians on
said reservations, and the internal police thereof as may be thought proper.
Article 7. In order to insure the civilization of the tribes entering
into this treaty, the necessity of education is admitted, especially by such of
them as are or may be settled on said agricultural reservation, and they
therefore pledge themselves to compel their children, male and female, between
the ages of six and sixteen years, to attend school; and it is hereby made the
duty of the agent for said Indians to see that this stipulation is strictly
complied with; and the United States agrees that for every thirty children
between said ages, who can be induced or compelled to attend school, a house
shall be provided, and a teacher competent to teach the elementary branches of
an English education shall be furnished, who will reside among said Indians, and
faithfully discharge his or her duties as a teacher. The provisions of this
article to continue for not less than twenty years.
Article 8. When the head of a family or lodge shall have selected lands
and received his certificate as above directed, and the agent shall be satisfied
that he intends in good faith to commence cultivating the soil for a living, he
shall be entitled to receive seeds and agricultural implements for the first
year, not exceeding in value one hundred dollars; and for each succeeding year
he shall continue to farm for a period of three years more, he shall be entitled
to receive seeds and implements as aforesaid, not exceeding in value twenty-five
dollars.
And it is further stipulated that such persons as commence farming shall receive
instruction from the farmer herein provided for; and whenever more than one
hundred persons shall enter upon the cultivation of the soil, a second
blacksmith shall be provided, with such iron, steel, and other material as may
be needed.
Article 9. At any time after ten years from the making of this treaty the
United States shall have the privilege of withdrawing the physician, farmer,
blacksmith, carpenter, engineer, and miller, herein provided for, but in case of
such withdrawal, an additional sum, thereafter, of ten thousand dollars per
annum shall be devoted to the education of said Indians, and the Commissioner of
Indian Affairs shall upon careful inquiry into their condition make such rules
and regulations for the expenditure of said sum as will best promote the
educational and moral improvement of said tribes.
Article 10. In lieu of all sums of money or other annuities provided to be paid
to the Indians herein named, under the treaty of October fourteenth, eighteen
hundred and sixty-five, made at the mouth of Little Arkansas, and under all
treaties made previous thereto, the United States agrees to deliver at the
agency house on the reservation herein named, on the fifteenth day of October,
of each year, for thirty years, the following articles, to wit:
For each male person over fourteen years of age, a suit of good, substantial
woolen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair
of home-made socks.
For each female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, twelve yards of calico and twelve
yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as
may be needed to make each a suit as aforesaid, together with a pair of woolen
hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate
properly for the articles herein named, it shall be the duty of the agent each
year to forward to him a full and exact census of the Indians on which the
estimate from year to year can be based.
And, in addition to the clothing herein named, the sum of twenty thousand
dollars shall be annually appropriated for a period of thirty years, to be used
by the Secretary of the Interior in the purchase of such articles as, from time
to time, the condition and necessities of the Indians may indicate to be proper.
And if at any time, within the thirty years, it shall appear that the amount of
money needed for clothing, under this article, can be appropriated to better
uses for the tribe herein named, Congress may, by law, change the appropriation
to other purposes; but, in no event, shall the amount of this appropriation be
withdrawn or discontinued for the period named. And the President shall,
annually, detail an officer of the Army to be present, and attest the delivery
of all the goods herein named to the Indians, and he shall inspect and report on
the quantity and quality of the goods and the manner of their delivery.
Article 11. In consideration of the advantages and benefits conferred by
this treaty, and the many pledges of friendship by the United States, the tribes
who are parties to this agreement hereby stipulate that they will relinquish all
right to occupy permanently the territory outside of their reservation as herein
defined, but they yet reserve the right to hunt on any lands south of the
Arkansas so long as the buffalo may range thereon in such numbers as to justify
the chase; and no white settlements shall be permitted on any part of the lands
contained in the old reservation as defined by the treaty made between the
United States and the Cheyenne, Arapahoe, and Apache tribes of Indians, at the
mouth of the Little Arkansas, under date of October fourteenth, eighteen hundred
and sixty-five, within three years from this date, and they, the said tribes,
further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroad
now being built on the Smoky Hill River, whether it be built to Colorado or New
Mexico.
2d. That they will permit the peaceable construction of any railroad not passing
over their reservation, as herein defined.
3d. That they will not attack any persons at home or travelling, nor molest or
disturb any wagon-trains, coaches, mules, or cattle belonging to the people of
the United States or to persons friendly therewith.
4th. They will never capture or carry off from the settlements white women or
children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretense of opposition to the construction of the
railroad now being built along the Platte River, and westward to the Pacific
Ocean; and they will not in future object to the construction of railroads,
wagon-roads, mail-stations, or other works of utility or necessity, which may be
ordered or permitted by the laws of the United States. But should such roads or
other works be constructed on the lands of their reservation, the Government
will pay the tribe whatever amount of damage may be assessed by three
disinterested commissioners to be appointed by the President for that purpose,
one of said commissioners to be a chief or head-man of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now
established, or that may be established, not in violation of treaties heretofore
made or hereafter to be made with any of the Indian tribes.
Article 12. No treaty for the cession of any portion or part of the
reservation herein described, which may be held in common, shall be of any
validity or force as against the said Indians unless executed and signed by at
least three-fourths of all the adult male Indians occupying or interested in the
same; and no cession by the tribe shall be understood or construed in such
manner as to deprive without his consent any individual member of the tribe of
his rights to any tract of land selected by him as provided in Article 6 of this
treaty.
Article 13. The United States hereby agree to furnish annually to the
Indians the physician, teachers, carpenter, miller, engineer, farmer, and
blacksmiths, as herein contemplated, and that such appropriations shall be made
from time to time, on the estimates of the Secretary of the Interior, as will be
sufficient to employ such persons.
Article 14. It is agreed that the sum of five hundred dollars, annually,
for three years from date, shall be expended in presents to the ten persons of
said tribe who, in the judgment of the agent, may grow the most valuable crops
for the respective year.
Article 15. The tribes herein named agree that when the agency-house and
other buildings shall be constructed on the reservation named, they will regard
and make said reservation their permanent home, and they will make no permanent
settlement elsewhere, but they shall have the right, subject to the conditions
and modifications of this treaty, to hunt on the lands south of the Arkansas
River, formerly called theirs, in the same manner as agreed on by the treaty of
the "Little Arkansas," concluded the fourteenth day of October, eighteen hundred
and sixty-five.
In testimony of which, we have hereunto set our hands and seals, on the day and
year aforesaid.
N. G. Taylor, President of Indn. Commission. [SEAL.]
Wm. S. Harney, Major-General, Brevet, &c. [SEAL.]
C. C. Augur, Brevet Major-General. [SEAL.]
Alfred H. Terry, Brevet Major-General. [SEAL.]
John B. Sanborn, Commissioner. [SEAL.]
Samuel F. Tappan. [SEAL.]
J. B. Henderson. [SEAL.]
Attest:
Ashton S. H. White, secretary.
Geo. B. Willis, phonographer.
On the part of the Cheyennes
O-to-ah-nac-co, Bull Bear, his x mark
Moke-tav-a-to, Black Kettle, his x mark
Nac-co-hah-ket, Little Bear, his x mark
Mo-a-vo-va-ast, Spotted Elk, his x mark
Is-se-von-ne-ve, Buffalo Chief, his x mark
Vip-po-nah, Slim Face, his x mark
Wo-pah-ah, Gray Head, his x mark
O-ni-hah-ket, Little Rock, his x mark
Ma-mo-ki, or Curly Hair, his x mark
O-to-ah-has-tis, Tall Bull, his x mark
Wo-po-ham, or White Horse, his x mark
Hah-ket-home-mah, Little Robe, his x mark
Min-nin-ne-wah, Whirlwind, his x mark
Mo-yan-histe-histow, Heap of Birds, his x mark
On the part of the Arapahoes
Little Raven, his x mark
Yellow Bear, his x mark
Storm, his x mark
White Rabbit, his x mark
Spotted Wolf, his x mark
Little Big Mouth, his x mark
Young Colt, his x mark
Tall Bear, his x mark
Attest:
C. W. Whitaker, interpreter.
H. Douglas, major, Third Infantry.
Jno. D. Howland, clerk Indian Commission.
Sam'l. S. Smoot, United States surveyor.
A. A. Taylor.
Henry Stanley, correspondent.
John S. Smith, United States interpreter.
George Bent, interpreter.
Thos. Murphy, superintendent Indian affairs.
Treaty With The Sioux and other Tribes, April 29, 1868
The following data is extracted from Indian Treaties, Acts, and Agreements.
Articles of a treaty made and concluded by and between Lieutenant-General
William T. Sherman, General William S. Harney, General Alfred H. Terry, General
C. C. Augur, J. B. Henderson, Nathaniel G. Taylor, John B. Sanborn, and Samuel
F. Tappan, duly appointed commissioners on the part of the United States, and
the different bands of the Sioux Nation of Indians, by their chiefs and
head-men, whose names are hereto subscribed, they being duly authorized to act
in the premises.
Article 1. From this day forward all war between the parties to this
agreement shall forever cease. The Government of the United States desires
peace, and its honor is hereby pledged to keep it. The Indians desire peace, and
they now pledge their honor to maintain it.
If bad men among the whites, or among other people subject to the authority of
the United States, shall commit any wrong upon the person or property of the
Indians, the United States will, upon proof made to the agent and forwarded to
the Commissioner of Indian Affairs at Washington City, proceed at once to cause
the offender to be arrested and punished according to the laws of the United
States, and also re-imburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person
or property of any one, white, black, or Indians, subject to the authority of
the United States, and at peace therewith, the Indians herein named solemnly
agree that they will, upon proof made to their agent and notice by him, deliver
up the wrong-doer to the United States, to be tried and punished according to
its laws; and in case they wilfully refuse so to do, the person injured shall be
re-imbursed for his loss from the annuities or other moneys due or to become due
to them under this or other treaties made with the United States. And the
President, on advising with the Commissioner of Indian Affairs, shall prescribe
such rules and regulations for ascertaining damages under the provisions of this
article as in his judgment may be proper. But no one sustaining loss while
violating the provisions of this treaty or the laws of the United States shall
be re-imbursed therefor.
Article 2. The United States agrees that the following district of
country, to wit, viz: commencing on the east bank of the Missouri River where
the forty-sixth parallel of north latitude crosses the same, thence along
low-water mark down said east bank to a point opposite where the northern line
of the State of Nebraska strikes the river, thence west across said river, and
along the northern line of Nebraska to the one hundred and fourth degree of
longitude west from Greenwich, thence north on said meridian to a point where
the forty-sixth parallel of north latitude intercepts the same, thence due east
along said parallel to the place of beginning; and in addition thereto, all
existing reservations on the east bank of said river shall be, and the same is,
set apart for the absolute and undisturbed use and occupation of the Indians
herein named, and for such other friendly tribes or individual Indians as from
time to time they may be willing, with the consent of the United States, to
admit amongst them; and the United States now solemnly agrees that no persons
except those herein designated and authorized so to do, and except such
officers, agents, and employés of the Government as may be authorized to enter
upon Indian reservations in discharge of duties enjoined by law, shall ever be
permitted to pass over, settle upon, or reside in the territory described in
this article, or in such territory as may be added to this reservation for the
use of said Indians, and henceforth they will and do hereby relinquish all
claims or right in and to any portion of the United States or Territories,
except such as is embraced within the limits aforesaid, and except as
hereinafter provided.
Article 3. If it should appear from actual survey or other satisfactory
examination of said tract of land that it contains less than one hundred and
sixty acres of tillable land for each person who, at the time, may be authorized
to reside on it under the provisions of this treaty, and a very considerable
number of such persons shall be disposed to commence cultivating the soil as
farmers, the United States agrees to set apart, for the use of said Indians, as
herein provided, such additional quantity of arable land, adjoining to said
reservation, or as near to the same as it can be obtained, as may be required to
provide the necessary amount.
Article 4. The United States agrees, at its own proper expense, to
construct at some place on the Missouri River, near the center of said
reservation, where timber and water may be convenient, the following buildings,
to wit: a warehouse, a store-room for the use of the agent in storing goods
belonging to the Indians, to cost not less than twenty-five hundred dollars; an
agency-building for the residence of the agent, to cost not exceeding three
thousand dollars; a residence for the physician, to cost not more than three
thousand dollars; and five other buildings, for a carpenter, farmer, blacksmith,
miller, and engineer, each to cost not exceeding two thousand dollars; also a
school-house or mission-building, so soon as a sufficient number of children can
be induced by the agent to attend school, which shall not cost exceeding five
thousand dollars.
The United States agrees further to cause to be erected on said reservation,
near the other buildings herein authorized, a good steam circular-saw mill, with
a grist-mill and shingle-machine attached to the same, to cost not exceeding
eight thousand dollars.
Article 5. The United States agrees that the agent for said Indians shall
in the future make his home at the agency-building; that he shall reside among
them, and keep an office open at all times for the purpose of prompt and
diligent inquiry into such matters of complaint by and against the Indians as
may be presented for investigation under the provisions of their treaty
stipulations, as also for the faithful discharge of other duties enjoined on him
by law. In all cases of depredation on person or property he shall cause the
evidence to be taken in writing and forwarded, together with his findings, to
the Commissioner of Indian Affairs, whose decision, subject to the revision of
the Secretary of the Interior, shall be binding on the parties to this treaty.
Article 6. If any individual belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall desire to
commence farming, he shall have the privilege to select, in the presence and
with the assistance of the agent then in charge, a tract of land within said
reservation, not exceeding three hundred and twenty acres in extent, which
tract, when so selected, certified, and recorded in the "land-book," as herein
directed, shall cease to be held in common, but the same may be occupied and
held in the exclusive possession of the person selecting it, and of his family,
so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in
like manner select and cause to be certified to him or her, for purposes of
cultivation, a quantity of land not exceeding eighty acres in extent, and
thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate, containing a description
thereof and the name of the person selecting it, with a certificate endorsed
thereon that the same has been recorded, shall be delivered to the party
entitled to it, by the agent, after the same shall have been recorded by him in
a book to be kept in his office, subject to inspection, which said book shall be
known as the "Sioux Land-Book."
The President may, at any time, order a survey of the reservation, and, when so
surveyed, Congress shall provide for protecting the rights of said settlers in
their improvements, and may fix the character of the title held by each. The
United States may pass such laws on the subject of alienation and descent of
property between the Indians and their descendants as may be thought proper. And
it is further stipulated that any male Indians, over eighteen years of age, of
any band or tribe that is or shall hereafter become a party to this treaty, who
now is or who shall hereafter become a resident or occupant of any reservation
or Territory not included in the tract of country designated and described in
this treaty for the permanent home of the Indians, which is not mineral land,
nor reserved by the United States for special purposes other than Indian
occupation, and who shall have made improvements thereon of the value of two
hundred dollars or more, and continuously occupied the same as a homestead for
the term of three years, shall be entitled to receive from the United States a
patent for one hundred and sixty acres of land including his said improvements,
the same to be in the form of the legal subdivisions of the surveys of the
public lands. Upon application in writing, sustained by the proof of two
disinterested witnesses, made to the register of the local land-office when the
land sought to be entered is within a land district, and when the tract sought
to be entered is not in any land district, then upon said application and proof
being made to the Commissioner of the General Land-Office, and the right of such
Indian or Indians to enter such tract or tracts of land shall accrue and be
perfect from the date of his first improvements thereon, and shall continue as
long as he continues his residence and improvements, and no longer. And any
Indian or Indians receiving a patent for land under the foregoing provisions,
shall thereby and from thenceforth become and be a citizen of the United States,
and be entitled to all the privileges and immunities of such citizens, and
shall, at the same time, retain all his rights to benefits accruing to Indians
under this treaty.
Article 7. In order to insure the civilization of the Indians entering
into this treaty, the necessity of education is admitted, especially of such of
them as are or may be settled on said agricultural reservations, and they
therefore pledge themselves to compel their children, male and female, between
the ages of six and sixteen years, to attend school; and it is hereby made the
duty of the agent for said Indians to see that this stipulation is strictly
complied with; and the United States agrees that for every thirty children
between said ages who can be induced or compelled to attend school, a house
shall be provided and a teacher competent to teach the elementary branches of an
English education shall be furnished, who will reside among said Indians, and
faithfully discharge his or her duties as a teacher. The provisions of this
article to continue for not less than twenty years.
Article 8. When the head of a family or lodge shall have selected lands
and received his certificate as above directed, and the agent shall be satisfied
that he intends in good faith to commence cultivating the soil for a living, he
shall be entitled to receive seeds and agricultural implements for the first
year, not exceeding in value one hundred dollars, and for each succeeding year
he shall continue to farm, for a period of three years more, he shall be
entitled to receive seeds and implements as aforesaid, not exceeding in value
twenty-five dollars.
And it is further stipulated that such persons as commence farming shall receive
instruction from the farmer herein provided for, and whenever more than one
hundred persons shall enter upon the cultivation of the soil, a second
blacksmith shall be provided, with such iron, steel, and other material as may
be needed.
Article 9. At any time after ten years from the making of this treaty,
the United States shall have the privilege of withdrawing the physician, farmer,
blacksmith, carpenter, engineer, and miller herein provided for, but in case of
such withdrawal, an additional sum thereafter of ten thousand dollars per annum
shall be devoted to the education of said Indians, and the Commissioner of
Indian Affairs shall, upon careful inquiry into their condition, make such rules
and regulations for the expenditure of said sum as will best promote the
educational and moral improvement of said tribes.
Article 10. In lieu of all sums of money or other annuities provided to
be paid to the Indians herein named, under any treaty or treaties heretofore
made, the United States agrees to deliver at the agency-house on the reservation
herein named, on or before the first day of August of each year, for thirty
years, the following articles, to wit:
For each male person over fourteen years of age, a suit of good substantial
woolen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair
of home-made socks.
For each female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, twelve yards of calico, and twelve
yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as
may be needed to make each a suit as aforesaid, together with a pair of woolen
hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate
properly for the articles herein named, it shall be the duty of the agent each
year to forward to him a full and exact census of the Indians, on which the
estimate from year to year can be based.
And in addition to the clothing herein named, the sum of ten dollars for each
person entitled to the beneficial effects of this treaty shall be annually
appropriated for a period of thirty years, while such persons roam and hunt, and
twenty dollars for each person who engages in farming, to be used by the
Secretary of the Interior in the purchase of such articles as from time to time
the condition and necessities of the Indians may indicate to be proper. And if
within the thirty years, at any time, it shall appear that the amount of money
needed for clothing under this article can be appropriated to better uses for
the Indians named herein, Congress may, by law, change the appropriation to
other purposes; but in no event shall the amount of this appropriation be
withdrawn or discontinued for the period named. And the President shall annually
detail an officer of the Army to be present and attest the delivery of all the
goods herein named to the Indians, and he shall inspect and report on the
quantity and quality of the goods and the manner of their delivery. And it is
hereby expressly stipulated that each Indian over the age of four years, who
shall have removed to and settled permanently upon said reservation and complied
with the stipulations of this treaty, shall be entitled to receive from the
United States, for the period of four years after he shall have settled upon
said reservation, one pound of meat and one pound of flour per day, provided the
Indians cannot furnish their own subsistence at an earlier date. And it is
further stipulated that the United States will furnish and deliver to each lodge
of Indians or family of persons legally incorporated with them, who shall remove
to the reservation herein described and commence farming, one good American cow,
and one good well-broken pair of American oxen within sixty days after such
lodge or family shall have so settled upon said reservation.
Article 11. In consideration of the advantages and benefits conferred by
this treaty, and the many pledges of friendship by the United States, the tribes
who are parties to this agreement hereby stipulate that they will relinquish all
right to occupy permanently the territory outside their reservation as herein
defined, but yet reserve the right to hunt on any lands north of North Platte,
and on the Republican Fork of the Smoky Hill River, so long as the buffalo may
range thereon in such numbers as to justify the chase. And they, the said
Indians, further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroads
now being built on the plains.
2nd. That they will permit the peaceful construction of any railroad not passing
over their reservation as herein defined.
3rd. That they will not attack any persons at home, or travelling, nor molest or
disturb any wagon-trains, coaches, mules, or cattle belonging to the people of
the United States, or to persons friendly therewith.
4th. They will never capture, or carry off from the settlements, white women or
children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretence of opposition to the construction of the
railroad now being built along the Platte River and westward to the Pacific
Ocean, and they will not in future object to the construction of railroads,
wagon-roads, mail-stations, or other works of utility or necessity, which may be
ordered or permitted by the laws of the United States. But should such roads or
other works be constructed on the lands of their reservation, the Government
will pay the tribe whatever amount of damage may be assessed by three
disinterested commissioners to be appointed by the President for that purpose,
one of said commissioners to be a chief or head-man of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now
established south of the North Platte River, or that may be established, not in
violation of treaties heretofore made or hereafter to be made with any of the
Indian tribes.
Article 12. No treaty for the cession of any portion or part of the
reservation herein described which may be held in common shall be of any
validity or force as against the said Indians, unless executed and signed by at
least three-fourths of all the adult male Indians, occupying or interested in
the same; and no cession by the tribe shall be understood or construed in such
manner as to deprive, without his consent, any individual member of the tribe of
his rights to any tract of land selected by him, as provided in article 6 of
this treaty.
Article 13. The United States hereby agrees to furnish annually to the
Indians the physician, teacher, carpenter, miller, engineer, farmer, and
blacksmiths as herein contemplated, and that such appropriations shall be made
from time to time, on the estimates of the Secretary of the Interior, as will be
sufficient to employ such persons.
Article 14. It is agreed that the sum of five hundred dollars annually,
for three years from date, shall be expended in presents to the ten persons of
said tribe who in the judgment of the agent may grow the most valuable crops for
the respective year.
Article 15. The Indians herein named agree that when the agency-house or
other buildings shall be constructed on the reservation named, they will regard
said reservation their permanent home, and they will make no permanent
settlement elsewhere; but they shall have the right, subject to the conditions
and modifications of this treaty, to hunt, as stipulated in Article 11 hereof.
Article 16. The United States hereby agrees and stipulates that the
country north of the North Platte River and east of the summits of the Big Horn
Mountains shall be held and considered to be unceded Indian territory, and also
stipulates and agrees that no white person or persons shall be permitted to
settle upon or occupy any portion of the same; or without the consent of the
Indians first had and obtained, to pass through the same; and it is further
agreed by the United States that within ninety days after the conclusion of
peace with all the bands of the Sioux Nation, the military posts now established
in the territory in this article named shall be abandoned, and that the road
leading to them and by them to the settlements in the Territory of Montana shall
be closed.
Article 17. It is hereby expressly understood and agreed by and between
the respective parties to this treaty that the execution of this treaty and its
ratification by the United States Senate shall have the effect, and shall be
construed as abrogating and annulling all treaties and agreements heretofore
entered into between the respective parties hereto, so far as such treaties and
agreements obligate the United States to furnish and provide money, clothing, or
other articles of property to such Indians and bands of Indians as become
parties to this treaty, but no further.
In testimony of all which, we, the said commissioners, and we, the chiefs and
headmen of the Brulé band of the Sioux nation, have hereunto set our hands and
seals at Fort Laramie, Dakota Territory, this twenty-ninth day of April, in the
year one thousand eight hundred and sixty-eight.
N. G. Taylor, [SEAL.]
W. T. Sherman, Lieutenant-General. [SEAL.]
Wm. S. Harney, Brevet Major-General U. S. Army. [SEAL.]
John B. Sanborn, [SEAL.]
S. F. Tappan, [SEAL.]
C. C. Augur, Brevet Major-General. [SEAL.]
Alfred H. Terry, Brevet Major-General U. S. Army. [SEAL.]
Attest:
A. S. H. White, Secretary.
Executed on the part of the Brulé band of Sioux by the chiefs and headmen whose
names are hereto annexed, they being thereunto duly authorized, at Fort Laramie,
D. T., the twenty-ninth day of April, in the year A. D. 1868.
Ma-za-pon-kaska, his x mark, Iron Shell
Wah-pat-shah, his x mark, Red Leaf
Hah-sah-pah, his x mark, Black Horn
Zin-tah-gah-lat-skah, his x mark, Spotted Tail
Zin-tah-skah, his x mark, White Tail
Me-wah-tah-ne-ho-skah, his x mark, Tall Mandas
She-cha-chat-kah, his x mark, Bad Left Hand
No-mah-no-pah, his x mark, Two and Two
Tah-tonka-skah, his x mark, White Bull
Con-ra-washta, his x mark, Pretty Coon
Ha-cah-cah-she-chah, his x mark, Bad Elk
Wa-ha-ka-zah-ish-tah, his x mark, Eye Lance
Ma-to-ha-ke-tah, his x mark, Bear that looks behind
Bella-tonka-tonka, his x mark, Big Partisan
Mah-to-ho-honka, his x mark, Swift Bear
To-wis-ne, his x mark, Cold Place
Ish-tah-skah, his x mark, White Eyes
Ma-ta-loo-zah, his x mark, Fast Bear
As-hah-kah-nah-zhe, his x mark, Standing Elk
Can-te-te-ki-ya, his x mark, The Brave Heart
Shunka-shaton, his x mark, Day Hawk
Tatanka-wakon, his x mark, Sacred Bull
Mapia shaton, his x mark, Hawk Cloud
Ma-sha-a-ow, his x mark, Stands and Comes
Shon-ka-ton-ka, his x mark, Big Dog
Attest:
Ashton S. H. White, secretary of commission
George B. Withs, phonographer to commission
Geo. H. Holtzman
John D. Howlano
James C. O'Connor
Chas. E. Guern, interpreter
Leon F. Pallardy, interpreter
Nicholas Janis, interpreter
Executed on the part of the Ogallalah band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized, at Fort
Laramie, the twenty-fifth day of May, in the year A. D. 1868.
Tah-shun-ka-co-qui-pah, his x mark, Man-afraid-of-his-horses
Sha-ton-skah, his x mark, White Hawk
Sha-ton-sapah, his x mark, Black Hawk
E-ga-mon-ton-ka-sapah, his x mark, Black Tiger
Oh-wah-she-cha, his x mark, Bad Wound
Pah-gee, his x mark, Grass
Wah-non-reh-che-geh, his x mark, Ghost Heart
Con-reeh, his x mark, Crow
Oh-he-te-kah, his x mark, The Brave
Tah-ton-kah-he-yo-ta-kah, his x mark, Sitting Bull
Shon-ka-oh-wah-mon-ye, his x mark, Whirlwind Dog
Ha-hah-kah-tah-miech, his x mark, Poor Elk
Wam-bu-lee-wah-kon, his x mark, Medicine Eagle
Chon-gah-ma-he-to-hans-ka, his x mark, High Wolf
Wah-se-chun-ta-shun-kah, his x mark, American Horse
Mah-hah-mah-ha-mak-near, his x mark, Man that walks under the ground
Mah-to-tow-pah, his x mark, Four Bears
Ma-to-wee-sha-kta, his x mark, One that kills the bear
Oh-tah-kee-toka-wee-chakta, his x mark, One that kills in a hard place
Tah-ton-kah-ta-miech, his x mark, The poor Bull
Oh-huns-ee-ga-non-sken, his x mark, Mad Shade
Shah-ton-oh-nah-om-minne-ne-oh-minne, his x mark, Whirling Hawk
Mah-to-chun-ka-oh, his x mark, Bear's Back
Che-ton-wee-koh, his x mark, Fool Hawk
Wah-hoh-ke-za-ah-hah, his x mark, One that has the lance
Shon-gah-manni-toh-tan-ka-seh, his x mark, Big Wolf Foot
Eh-ton-kah, his x mark, Big Mouth
Ma-pah-che-tah, his x mark, Bad Hand
Wah-ke-yun-shah, his x mark, Red Thunder
Wak-sah, his x mark, One that Cuts Off
Cham-nom-qui-yah, his x mark, One that Presents the Pipe
Wah-ke-ke-yan-puh-tah, his x mark, Fire Thunder
Mah-to-nonk-pah-ze, his x mark, Bear with Yellow Ears
Con-ree-teh-ka, his x mark, The Little Crow
He-hup-pah-toh, his x mark, The Blue War Club
Shon-kee-toh, his x mark, The Blue Horse
Wam-Balla-oh-con-quo, his x mark, Quick Eagle
Ta-tonka-suppa, his x mark, Black Bull
Moh-to-ha-she-na, his x mark, The Bear Hide
Attest:
S. E. Ward
Jas. C. O'Connor
J. M. Sherwood
W. C. Slicer
Sam Deon
H. M. Matthews
Joseph Bissonette, interpreter
Nicholas Janis, interpreter
Lefroy Jott, interpreter
Antoine Janis, interpreter
Executed on the part of the Minneconjon band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
At Fort Laramie, D. T., May 26, '68, 13 names
Heh-won-ge-chat, his x mark, One Horn
Oh-pon-ah-tah-e-manne, his x mark, The Elk that bellows Walking
At Fort Laramie, D. T., May 25, '68, 2 names.
Heh-ho-lah-reh-cha-skah, his x mark, Young White Bull
Wah-chah-chum-kah-coh-kee-pah, his x mark, One that is afraid of Shield
He-hon-ne-shakta, his x mark, The Old Owl
Moc-pe-a-toh, his x mark, Blue Cloud
Oh-pong-ge-le-skah, his x mark, Spotted Elk
Tah-tonk-ka-hon-ke-schne, his x mark, Slow Bull
Shonk-a-nee-shah-shah-a-tah-pe, his x mark, The Dog Chief
Ma-to-tah-ta-tonk-ka, his x mark, Bull Bear
Wom-beh-le-ton-kah, his x mark, The Big Eagle
Ma-toh-eh-schne-lah, his x mark, The Lone Bear
Mah-toh-ke-su-yah, his x mark, The One who Remembers the Bear
Ma-toh-oh-he-to-keh, his x mark, The Brave Bear
Eh-che-ma-heh, his x mark, The Runner
Ti-ki-ya, his x mark, The Hard
He-ma-za, his x mark, Iron Horn
Attest:
Jas. C. O'Connor
Wm. H. Brown
Nicholas Janis, interpreter
Antoine Janis, interpreter
Executed on the part of the Yanctonais band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
Mah-to-non-pah, his x mark, Two Bears
Ma-to-hna-skin-ya, his x mark, Mad Bear
He-o-pu-za, his x mark, Louzy
Ah-ke-che-tah-che-ca-dan, his x mark, Little Soldier
Mah-to-e-tan-chan, his x mark, Chief Bear
Cu-wi-h-win, his x mark, Rotten Stomach
Skun-ka-we-tko, his x mark, Fool Dog
Ish-ta-sap-pah, his x mark, Black Eye
Ih-tan-chan, his x mark, The Chief
I-a-wi-ca-ka, his x mark, The one who Tells the Truth
Ah-ke-che-tah, his x mark, The Soldier
Ta-shi-na-gi, his x mark, Yellow Robe
Nah-pe-ton-ka, his x mark, Big Hand
Chan-tee-we-kto, his x mark, Fool Heart
Hoh-gan-sah-pa, his x mark, Black Catfish
Mah-to-wah-kan, his x mark, Medicine Bear
Shun-ka-kan-sha, his x mark, Red Horse
Wan-rode, his x mark, The Eagle
Can-hpi-sa-pa, his x mark, Black Tomahawk
War-he-le-re, his x mark, Yellow Eagle
Cha-ton-che-ca, his x mark, Small Hawk, or Long Fare
Shu-ger-mon-e-too-ha-ska, his x mark, Tall Wolf
Ma-to-u-tah-kah, his x mark, Sitting Bear
Hi-ha-cah-ge-na-skene, his x mark, Mad Elk
Arapahoes:
Little Chief, his x mark
Tall Bear, his x mark
Top Man, his x mark
Neva, his x mark
The Wounded Bear, his x mark
Thirlwind, his x mark
The Fox, his x mark
The Dog Big Mouth, his x mark
Spotted Wolf, his x mark
Sorrel Horse, his x mark
Black Coal, his x mark
Big Wolf, his x mark
Knock-knee, his x mark
Black Crow, his x mark
The Lone Old Man, his x mark
Paul, his x mark
Black Bull, his x mark
Big Track, his x mark
The Foot, his x mark
Black White, his x mark
Yellow Hair, his x mark
Little Shield, his x mark
Black Bear, his x mark
Wolf Mocassin, his x mark
Big Robe, his x mark
Wolf Chief, his x mark
Witnesses:
Robt. P. McKibbin, captain, Fourth Infantry, brevet lieutenant-colonel, U. S.
Army, commanding Fort Laramie
Wm. H. Powell, brevet major, captain, Fourth Infantry
Henry W. Patterson, captain, Fourth Infantry
Theo. E. True, second lieutenant, Fourth Infantry
W. G. Bullock
Chas. E. Guern, special Indian interpreter for the peace commission
Makh-pi-ah-lu-tah, his x mark, Red Cloud
Wa-ki-ah-we-cha-shah, his x mark, Thunder Man
Ma-zah-zah-geh, his x mark, Iron Cane
Fort laramie, wg. T., Nov. 6, 1868
Wa-umble-why-wa-ka-tuyah, his x mark, High Eagle
Ko-ke-pah, his x mark, Man Afraid
Wa-ki-ah-wa-kou-ah, his x mark, Thunder Flying Running
Witnesses:
W. McE. Dye, brevet colonel, U. S. Army, commanding
A. B. Cain, captain, Fourth Infantry, brevet major, U. S. Army
Robt. P. McKibbin, captain, Fourth Infantry, brevet lieutenant-colonel, U. S.
Army
Jno. Miller, captain, Fourth Infantry
G. L. Luhn, first lieutenant, Fourth Infantry, brevet captain, U. S. Army
H. C. Sloan, second lieutenant, Fourth Infantry
Whittingham Cox, first lieutenant, Fourth Infantry
A. W. Vogdes, first lieutenant, Fourth Infantry
Butler D. Price, second lieutenant, Fourth Infantry
Headqrs., Fort Laramie, Nov. 6, '68.
Executed by the above on this date.
All of the Indians are Ogallalahs excepting Thunder Man and Thunder Flying
Running, who are Brulés
Wm. McE. Dye, Major Fourth Infantry, and Brevet-Colonel U. S. Army, Commanding.
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Framboise, interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, B. D., missionary
Executed on the part of the Uncpapa band of Sioux, by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
Co-kam-i-ya-ya, his x mark, The Man that Goes in the Middle
Ma-to-ca-wa-weksa, his x mark, Bear Rib
Ta-to-ka-in-yan-ke, his x mark, Running Antelope
Kan-gi-wa-ki-ta, his x mark, Looking Crow
A-ki-ci-ta-han-ska, his x mark, Long Soldier
Wa-ku-te-ma-ni, his x mark, The One who Shoots Walking
Un-kca-ki-ka, his x mark, The Magpie
Kan-gi-o-ta, his x mark, Plenty Crow
He-ma-za, his x mark, Iron Horn
Shun-ka-i-na-pin, his x mark, Wolf Necklace
I-we-hi-yu, his x mark, The Man who Bleeds from the Mouth
He-ha-ka-pa, his x mark, Elk Head
I-zu-za, his x mark, Grind Stone
Shun-ka-wi-tko, his x mark, Fool Dog
Ma-kpi-ya-po, his x mark, Blue Cloud
Wa-mln-pi-lu-ta, his x mark, Red Eagle
Ma-to-can-te, his x mark, Bear's Heart
A-ki-ci-ta-i-tau-can, his x mark, Chief Soldier
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Frambois[e], interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, missionary
Executed on the part of the Blackfeet band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
Can-te-pe-ta, his x mark, Fire Heart
Wan-mdi-kte, his x mark, The One who kills Eagle
Sho-ta, his x mark, Smoke
Wan-mdi-ma-ni, his x mark, Walking Eagle
Wa-shi-cun-ya-ta-pi, his x mark, Chief White Man
Kan-gi-i-yo-tan-ke, his x mark, Sitting Crow
Pe-ji, his x mark, The Grass
Kda-ma-ni, his x mark, The One that Rattles as he Walks
Wah-han-ka-sa-pa, his x mark, Black Shield
Can-te-non-pa, his x mark, Two Hearts
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Framboise, interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, missionary
Executed on the part of the Cutheads band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
To-ka-in-yan-ka, his x mark, The One who Goes Ahead Running
Ta-tan-ka-wa-kin-yan, his x mark, Thunder Bull
Sin-to-min-sa-pa, his x mark, All over Black
Can-i-ca, his x mark, The One who Took the Stick
Pa-tan-ka, his x mark, Big Head
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Frambois[e], interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, missionary
Executed on the part of the Two Kettle band of Sioux by the chiefs and headmen
whose names are hereto subscribed, they being thereunto duly authorized.
Ma-wa-tan-ni-han-ska, his x mark, Long Mandan
Can-kpe-du-ta, his x mark, Red War Club
Can-ka-ga, his x mark, The Log
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Framboise, interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, missionary to the Dakotas
Executed on the part of the Sans Arch band of Sioux by the chiefs and headmen
whose names are hereto annexed, they being thereunto duly authorized.
He-na-pin-wa-ni-ca, his x mark, The One that has Neither Horn
Wa-inlu-pi-lu-ta, his x mark, Red Plume
Ci-tan-gi, his x mark, Yellow Hawk
He-na-pin-wa-ni-ca, his x mark, No Horn
Attest:
Jas. C. O'Connor
Nicholas Janis, interpreter
Franc. La Frambois[e], interpreter
P. J. De Smet, S. J., missionary among the Indians
Saml. D. Hinman, missionary
Executed on the part of the Santee band of Sioux by the chiefs and headmen whose
names are hereto subscribed, they being thereunto duly authorized.
Wa-pah-shaw, his x mark, Red Ensign
Wah-koo-tay, his x mark, Shooter
Hoo-sha-sha, his x mark, Red Legs
O-wan-cha-du-ta, his x mark, Scarlet all over
Wau-mace-tan-ka, his x mark, Big Eagle
Cho-tan-ka-e-na-pe, his x mark, Flute-player
Ta-shun-ke-mo-za, his x mark, His Iron Dog
Attest:
Saml. D. Hinman, B. D., missionary
J. N. Chickering, Second lieutenant, Twenty-second Infantry, brevet captain, U.
S. Army
P. J. De Smet, S. J.
Nicholas Janis, interpreter
Franc. La Framboise, interpreter
Treaty With The Northern Cheyenne and Northern Arapaho, May 10, 1868
Articles of a treaty made and concluded at Fort Laramie, Dakota Territory, on
the tenth day of May, in the year of our Lord one thousand eight hundred and
sixty-eight, by and between the undersigned commissioners on the part of the
United States, and the undersigned chiefs and head-men of and representing the
Northern Cheyenne and Northern Arapahoe Indians, they being duly authorized to
act in the premises.
Article 1. From this day forward peace between the parties to this treaty
shall forever continue. The Government of the United States desires peace, and
its honor is hereby pledged to keep it. The Indians desire peace, and they
hereby pledge their honor to maintain it. If bad men among the whites, or among
other people subject to the authority of the United States, shall commit any
wrong upon the person or property of the Indians, the United States will, upon
proof made to the agent and forwarded to the Commissioner of Indian Affairs at
Washington City, proceed at once to cause the offender to be arrested and
punished according to the laws of the United States, and also reimburse the
injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person
or property of any one, white, black, or Indian, subject to the authority of the
United States and at peace therewith, the Indians herein named solemnly agree
that they will, on proof made to their agent and notice by him, deliver up the
wrong-doer to the United States, to be tried and punished according to its laws;
and in case they wilfully refuse so to do, the person injured shall be
reimbursed for his loss from the annuities or other moneys due or to become due
to them under this or other treaties made with the United States. And the
President, on advising with the Commissioner of Indian Affairs, shall prescribe
such rules and regulations for ascertaining damages under the provisions of this
article as in his judgment may be proper. But no such damages shall be adjusted
and paid until thoroughly examined and passed upon by the Commissioner of Indian
Affairs, and no one sustaining loss while violating or because of his violating
the provisions of this treaty or the laws of the United States shall be
reimbursed therefor.
Article 2. The Indians, parties to this treaty, hereby agree to accept
for their permanent home some portion of the tract of country set apart and
designated as a permanent reservation for the Southern Cheyenne and Arapahoe
Indians by a treaty entered into by and between them and the United States, at
Medicine Lodge Creek, on the—day of October, eighteen hundred and sixty-seven,
or some portion of the country and reservation set apart and designated as a
permanent home for the Brulé and other bands of Sioux Indians, by a treaty
entered into by and between said Indians and the United States, at Fort Laramie,
D. T., on the twenty-ninth day of April, eighteen hundred and sixty-eight. And
the Northern Cheyenne and Arapahoe Indians do hereby relinquish, release, and
surrender to the United States, all right, claim, and interest in and to all
territory outside the two reservations above mentioned, except the right to roam
and hunt while game shall be found in sufficient quantities to justify the
chase. And they do solemnly agree that they will not build any permanent homes
outside of said reservations, and that within one year from this date they will
attach themselves permanently either to the agency provided for near the mouth
of Medicine Lodge Creek, or to the agency about to be established on the
Missouri River, near Fort Randall, or to the Crow agency near Otter Creek, on
the Yellowstone River, provided for by treaty of the seventh day of May,
eighteen hundred and sixty-eight, entered into by and between the United States
and said Crow Indians, at Fort Laramie, D. T.; and it is hereby expressly
understood that one portion of said Indians may attach themselves to one of the
afore-mentioned reservations, and another portion to another of said
reservations, as each part or portion of said Indians may elect.
Article 3. If any individual belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall desire to
commence farming, he shall have the privilege to select, in the presence and
with the assistance of the agent then in charge, a tract of land within said
reservations not exceeding three hundred and twenty acres in extent, which
tract, when so selected, certified, and recorded in the "Land Book" as herein
directed, shall cease to be held in common, but the same may be occupied and
held in the exclusive possession of the person selecting it, and of his family,
so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in
like manner select and cause to be certified to him or her, for purposes of
cultivation, a quantity of land not exceeding eighty acres in extent, and
thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate containing a description
thereof and the name of the person selecting it, with a certificate endorsed
thereon that the same has been recorded, shall be delivered to the party
entitled to it by the agent after the same shall have been recorded by him in a
book to be kept in his office, subject to inspection, which said book shall be
known as the "Northern Cheyenne and Arapahoe Land Book."
The President may, at any time, order a survey of the reservation; and when so
surveyed, Congress shall provide for protecting the rights of settlers in their
improvements, and may fix the character of the title held by each.
The United States may pass such laws on the subject of alienation and descent of
property as between Indians and on all subjects connected with the government of
the Indians on said reservations, and the internal police thereof, as may be
thought proper.
Article 4. In order to insure the civilization of the tribe entering into
this treaty, the necessity of education is admitted, especially by such of them
as are or may be settled on said agricultural reservation, and they therefore
pledge themselves to compel their children, male and female, between the ages of
six and sixteen years, to attend school; and it is hereby made the duty of the
agent for said Indians to see that this stipulation is strictly complied with;
and the United States agrees that for every thirty children, between said ages,
who can be induced or compelled to attend school, a house shall be provided, and
a teacher, competent to teach the elementary branches of an English education,
shall be furnished, who will reside among said Indians, and faithfully discharge
his or her duties as a teacher. The provisions of this article to continue for
twenty years.
Article 5. When the head of a family or lodge shall have selected lands,
and received his certificate as above directed, and the agent shall be satisfied
that he intends in good faith to commence cultivating the soil for a living, he
shall be entitled to receive seeds and agricultural implements for the first
year in value one hundred dollars, and for each succeeding year he shall
continue to farm for a period of three years more he shall be entitled to
receive seeds and implements as aforesaid in value twenty-five dollars per
annum.
And it is further stipulated that such persons as commence farming shall receive
instructions from the farmer herein provided for, and whenever more than one
hundred persons shall enter upon the cultivation of the soil a second blacksmith
shall be provided, with such iron, steel, and other material as may be needed.
Article 6. In lieu of all sums of money or other annuities provided to be
paid to the Indians herein named, under any and all treaties heretofore made
with them, the United States agrees to deliver at the agency-house, on the
reservations herein provided for, on the first day of September of each year,
for thirty years, the following articles, to wit:
For each male person over fourteen years of age, a suit of good substantial
woolen clothing, consisting of coat, hat, pantaloons, flannel shirt, and a pair
of woolen socks.
For each female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, twelve yards of calico, and twelve
yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as
may be needed to make each a suit, as aforesaid, together with a pair of woolen
hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate
properly for the articles herein named, it shall be the duty of the agent each
year to forward to him a full and exact census of the Indians, on which the
estimates from year to year can be based.
And, in addition to the clothing herein named, the sum of ten dollars shall be
annually appropriated for each Indian roaming, and twenty dollars for each
Indian engaged in agriculture, for a period of ten years, to be used by the
Secretary of the Interior in the purchase of such articles as from time to time
the condition and necessities of the Indians may indicate to be proper. And if,
at any time within the ten years, it shall appear that the amount of money
needed for clothing under this article can be appropriated to better uses for
the tribes herein named, Congress may by law change the appropriation to other
purposes; but in no event shall the amount of this appropriation be withdrawn or
discontinued for the period named. And the President shall annually detail an
officer of the Army to be present and attest the delivery of all the goods,
herein named, to the Indians, and he shall inspect and report on the quantity
and quality of the goods and the manner of their delivery; and it is expressly
stipulated that each Indian over the age of four years, who shall have removed
to and settled permanently upon said reservation and complied with the
stipulations of this treaty, shall be entitled to receive from the United
States, for the period of four years after he shall have settled upon said
reservation, one pound of meat and one pound of flour per day, provided that the
Indians cannot furnish their own subsistence at an earlier date; and it is
further stipulated that the United States will furnish and deliver to each lodge
of Indians, or family of persons legally incorporated with them, who shall
remove to the reservation herein described and commence farming, one good
American cow and one well-broken pair of American oxen, within sixty days after
such lodge or family shall have so settled upon said reservation.
Article 7. The United States hereby agrees to furnish annually to the
Indians who settle upon the reservation a physician, teachers, carpenter,
miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such
appropriations shall be made from time to time on the estimates of the Secretary
of the Interior as will be sufficient to employ such persons.
Article 8. No treaty for the cession of any portion of the reservations
herein described, which may be held in common, shall be of any force or validity
as against the said Indians unless executed and signed by at least a majority of
all the adult male Indians, occupying or interested in the same; and no cession
by the tribe shall be understood or construed in such manner as to deprive,
without his consent, any individual member of the tribe of his right to any
tract of land selected by him, as hereinbefore provided.
Article 9.
It is agreed that the sum of five hundred dollars annually for three years, from
the date when they commenced to cultivate a farm, shall be expended in presents
to the ten persons of said tribe who, in the judgment of the agent, may grow the
most valuable crops for the respective year.
W. T. Sherman, Lieutenant-General
Wm. S. Harney, Brevet Major-General, U. S. Army
Alfred H. Terry, Brevet Major-General
C. C. Augur, Brevet Major-General
John B. Sanborn, S. F. Tappan, Commissioners
Attest:
Ashton S. H. White, Secretary
Wah-tah-nah, Black Bear, his x mark
Bah-ta-che, Medicine Man, his x mark
Oh-cum-ga-che, Little Wolf, his x mark
Ichs-tah-en, Short Hair, his x mark
Non-ne-se-be, Sorrel Horse, his x mark
Ka-te-u-nan, The Under Man, his x mark
Ah-che-e-wah, The Man in the Sky, his x mark
We-ah-se-vose, The Big Wolf, his x mark
Ches-ne-on-e-ah, The Beau, his x mark
Mat-ah-ne-we-tah, The Man that falls from his horse, his x mark
Oh-e-na-ku, White Crow, his x mark
A-che-kan-koo-eni, Little Shield, his x mark
Tah-me-la-pahs-me, or Dull Knife, his x mark
Attest:
George B. Willis, Phonographer
John D. Howland
Alex. Gardner
David Knox
Chas. Freeman
Jas. C. O'Connor
Treaty with the Arikara Tribe, July 18, 1825.
To put an end to an unprovoked hostility on the part of the
Ricara Tribe of Indians against the United States, and to restore harmony
between the parties, the President of the United States, by Brigadier-general
Henry Atkinson, of the United States’ Army, and Major Benjamin O’Fallon, Indian
Agent, Commissioners duly appointed and commissioned to treat with the Indian
tribes beyond the Mississippi river, give peace to the said Ricara Tribe; the
Chiefs and Warriors thereof having first made suitable concessions for the
offence. And, for the purpose of removing all further or future cause of
misunderstanding as respects trade and friendly intercourse between the parties,
the above named Commissioners on the part of the United States, and the
undersigned Chiefs and Warriors of the Ricara Tribe of Indians on the part of
said Tribe, have made and entered into the following articles and conditions,
which, when ratified by the President of the United States, by and with the
advice and consent of the Senate, shall be binding on both parties, to wit:
Article I. Henceforth there shall be a firm and lasting peace between the
United States and the Ricara tribe of Indians; and a friendly intercourse shall
immediately take place between the parties.
Article II.It is admitted by the Ricara tribe of Indians, that they
reside within the territorial limits of the United States, acknowledge their
supremacy, and claim their protection. The said tribe also admit the right of
the United States to regulate all trade and intercourse with them.
Article III. The United States agree to receive the Ricara tribe of
Indians into their friendship, and under their protection, and to extend to
them, from time to time, such benefits and acts of kindness as may be convenient
and seem just and proper to the President of the United States.
Article IV. All trade and intercourse with the Ricara tribe shall be
transacted at such place or places as may be designated and pointed out by the
President of the United States, through his agents; and none but American
citizens, duly authorized by the United States, shall be admitted to trade or
hold intercourse with said tribe of Indians.
Article V. That the Ricara tribe may be accommodated with such articles
of merchandise, &c. as their necessities may demand, the United States agree to
admit and license traders to hold intercourse with said tribe, under mild and
equitable regulations: in consideration of which, the Ricara tribe bind
themselves to extend protection to the persons and the property of the traders,
and the persons legally employed under them, while they remain within the limits
of their district of country. And the said Ricara tribe further agree, that if
any foreigner or other person, not legally authorized by the United States,
shall come into their district of country for the purposes of trade or other
views, they will apprehend such person or persons, and deliver him or them to
some United States’ superintendent or agent of Indian Affairs, or to the
commandant of the nearest military post, to be dealt with according to law. And
they further agree to give safe conduct to all persons who may be legally
authorized by the United States to pass through their country, and to protect in
their persons and property all agents or other persons sent by the United States
to reside temporarily among them.
Article VI. That the friendship which is now established between the
United States and the Ricara tribe, shall not be interrupted by the misconduct
of individuals, it is hereby agreed, that for injuries done by individuals, no
private revenge or retaliation shall take place, but instead thereof, complaints
shall be made, by the party injured, to the superintendent or agent of Indian
affairs or other person appointed by the President; and it shall be the duty of
the said Chiefs, upon complaint being made as aforesaid, to deliver up the
person or persons against whom the complaint is made, to the end that he or they
may be punished, agreeably to the laws of the United States. And, in like
manner, if any robbery, violence, or murder, shall be committed on any Indian or
Indians belonging to said tribe, the person or persons so offending shall be
tried, and, if found guilty, shall be punished in like manner as if the injury
had been done to a white man. And it is agreed, that the Chiefs of the said
Ricara tribe shall, to the utmost of their power, exert themselves to recover
horses or other property, which may be stolen or taken from any citizen or
citizens of the United States, by any individual or individuals of said tribe;
and the property so recovered shall be forthwith delivered to the agents or
other person authorized to receive it, that it may be restored to the proper
owner. And the United States hereby guaranty to any Indian or Indians of said
tribe, a full indemnification for any horses or other property which may be
stolen from them by any of their citizens: Provided, That the property so stolen
cannot be recovered, and that sufficient proof is produced that it was actually
stolen by a citizen of the United States. And the said Ricara tribe engage, on
the requisition or demand of the President of the United States, or of the
agents, to deliver up any white man resident among them.
Article VII. And the Chiefs and Warriors, as aforesaid, promise and
engage that their tribe will never, by sale, exchange, or as presents, supply
any nation, tribe, or bands of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.
Done at the Ricara village, this eighteenth day of
July, A. D. 1825, and of the independence of the United States the fiftieth.
In testimony whereof, the said commissioners, Henry
Atkinson and Benjamin O’Fallon, and the chiefs, head men, and warriors of the
Ricara tribe of Indians, have hereunto set their hands and affixed their seals.
H. Atkinson, Brigadier-General U. S. Army
Benj. O’Fallon, United States Agent Indian affairs
Chiefs:
Stan-au-pat, the bloody hand, his x mark
Ca-car-we-ta, the little bear, his x mark
Scar-e-naus, the skunk, his x mark
Chan-son-nah, the fool chief, his x mark
Chan-no-te-ne-na, the chief that is afraid, his x mark
Coon-ca-ne-nos-see, the bad bear, his x mark
Warriors:
En-hah-pe-tar, the two nights, his x mark
Ca-ca-ne-show, the crow chief, his x mark
Pah-can-wah, the old head, his x mark
Wah-ta-an, the light in the night, his x mark
Hon-eh-cooh, the buffalo that urinates and smells it, his x mark
Ta-hah-son, the lip of the old buffalo, his x mark
Coo-wooh-war-e-scoon-hoon, the long haired bear, his x mark
Ne-sha-non-nack, the chief by himself, his x mark
Ah-ree-squish, the buffalo that has horns, his x mark
Ou-cous-non-nair, the good buffalo, his x mark
Nack-sa-nou-wees, the dead heart, his x mark
Pah-too-car-rah, the man that strikes, his x mark
Toon-high-ouh, the man that runs, his x mark
Car-car-wee-as, the heart of the crow, his x mark
In the presence of:
A. L. Langham, Secretary to the Commission
H. Leavenworth, Colonel U. S. Army
S. W. Kearny, Brevet Major First Infantry
D. Ketchum, Major U. S. Army
Wm. Armstrong, Captain Sixth Regiment Infantry
B. Riley, Captain Sixth Infantry
John gantt, Captain Sixth Infantry
G. C. Spencer, Captain First Infantry
R. B. Mason, Captain First Infantry
W. S. Harney, Lieutenant First Infantry
John Gale, Surgeon U. S. Army
R. M. Coleman, U. S. Army
S. Wragg, Adjutant First Regiment Infantry
S. Mac Ree, Lieutenant Aid de Camp
R. Holmes, Lieutenant Sixth Infantry
R. H. Stuart, Lieutenant First Infantry
Jas. W. Kingsbury, Lieutenant First Regiment Infantry
Levi Nute, Lieutenant U. S. Army
W. L. Harris, Lieutenant First Infantry
G. H. Kennerly, U. S. Special Indian Agent
P. Wilson, U. S. Special Indian Agent
Antoine Garreau, his x mark, Interpreter
Joseph Garreau, his x mark, Interpreter
Pierre Garreau, his x mark
Agreement at Fort Berthold, July 27, 1866.
Articles of agreement and convention made and concluded at Fort Berthold in
the Territory of Dakota, on the twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, by and between Newton Edmunds,
governor and ex-officio superintendent of Indian affairs of Dakota Territory;
Major General S. R. Curtis, Orrin Guernsey and Henry W. Reed, commissioners
appointed on the part of the United States to make treaties with the Indians of
the Upper Missouri; and the chiefs and headmen of the Arickaree tribe of
Indians, Witnessed as follows:
Article I. Perpetual peace, friendship, and amity shall hereafter exist
between the United States and the said Arickaree Indians.
Article II. The said Arickaree tribe of Indians promise and agree that
they will maintain peaceful and friendly relations toward the whites; that they
will in future, abstain from all hostilities against each other, and cultivate
mutual good will and friendship, not only among themselves, but toward all other
friendly tribes of Indians.
Article III. The chiefs and headmen aforesaid acting as the
representatives of the tribe aforesaid and being duly authorized and hereunto
directed, in consideration of the payments and privileges hereinafter stated, do
hereby grant and convey to the United States the right to lay out and construct
roads, highways, and telegraphs through their country, and to use their efforts
to prevent them from annoyance or interruption by their own or other tribes of
Indians.
Article IV. No white person, unless in the employ of the United States,
or duly licensed to trade with said Indians, or members of the families of such
persons shall be permitted to reside or make settlement upon any part of the
country belonging to said Indians, not included or described herein; nor shall
said Indians sell, alienate, or in any manner dispose of any portion thereof,
except to the United States.
ArticleV. The said Aricara tribe of Indians hereby acknowledge their
dependence on the United States and their obligation to obey the laws thereof;
and they further agree and obligate themselves to submit to and obey such laws
as may be made by Congress for their government and the punishment of offenders;
and they agree to exert themselves to the utmost of their ability in enforcing
all the laws under the superintendent of Indian affairs, or agent; and they
pledge and bind themselves to preserve friendly relations with the citizens of
the United States, and commit no injuries to, or depredations upon, their
persons or property. They also agree to deliver to the proper officer of
officers of the United States, all offenders against the treaties, laws, or
regulations of the United States, and to assist in discovering, pursuing and
capturing all such offenders who may be within the limits of the country claimed
by them, whenever required so to do by such officer or officers.
And the said Aricara tribe of Indians further agree that they will not make war
upon any other tribe or band of Indians, except in self-defense, but will submit
all matters of difference between themselves and other Indians to the Government
of the United States for adjustment, and will abide thereby; and if any of the
Indians, party to this treaty, commit depredations upon any other Indians within
the jurisdiction of the United States, the same rule shall prevail with regard
to compensation and punishment as in cases of depredations against citizens of
the United States.
Article VI. In consideration of the great evil of intemperance among some
of the Indian tribes, and in order to prevent such consequences among ourselves,
we, the said Aricara tribe of Indians agree to do all in our power to prevent
the introduction or use of spirituous liquors among our people, and to this end
we agree that should any of the members of our tribe encourage the use of
spirituous liquors, either by using it themselves, or buying and selling it,
whosoever shall do so shall forfeit his claim to any annuities paid by the
Government for the current year; or should they be aware of such use or sale or
introduction of liquor into their country, either by whites or by persons of
Indian blood and not aid by all proper means to effect its extermination and the
prosecution of offenders, shall be liable to the forfeiture above mentioned.
Article VII. In consideration of the foregoing agreements, stipulations,
cessions, and undertakings and of their faithful observance by the said Aricara
tribe of Indians, the United States agree to expend for the said Indians, in
addition to the goods and provisions distributed at the time of signing this
treaty, the sum of ten thousand dollars annually for twenty years, after the
ratification of this treaty by the President and Senate of the United States, to
be expended in such goods, provisions, and other articles as the President may
in his discretion, from time to time determine; provided, and it is hereby
agreed that the President may, at his discretion, annually expend so much of the
sum of three thousand dollars as he shall deem proper, in the purchase of stock,
animals, agricultural implements, in establishing and instructing in
agricultural and mechanical pursuits, such of said Indians as shall be disposed
thereto; and in the employment of mechanics for them, in educating their
children, in providing necessary and proper medicines, medical attendance, care
for the support of the aged, sick, and infirm of their number, for the helpless
orphans of said Indians, and in any other respect promoting their civilization,
comfort, and improvement; provided further, that the President of the United
States may, at his discretion determine in what proportion the said annuities
shall be distributed among said Indians; and the United States further agree
that out of the sum above stipulated to be paid to said Indians, there shall be
set apart and paid to the head-chief, the sum of two hundred dollars annually,
and to the soldier-chiefs, fifty dollars annually in money or supplies, so long
as they and their bands remain faithful to their treaty obligations; and for and
in consideration of the long continued and faithful services of Pierre Garreau
to the Indians of the aforesaid tribe, and his efforts for their benefit, the
United States agree to give him, out of the annuities to said tribe, the sum of
two hundred dollars annually, being the same amount as is paid the head chiefs
as aforesaid; and also to the eight leading men presented by the said tribe as
the headmen and advisers of the principal chiefs, and to their successors in
office, the sum of fifty dollars per annum, so long as they remain faithful to
their treaty obligations; and provided that the President may, at this
discretion, vary the amount paid to the chiefs, if in his judgment there may be
either by the fidelity or efficiency of any of said chiefs sufficient cause; yet
not so as to change the aggregate amount.
Article VIII. It is understood and agreed by the parties to this treaty,
that if any of the bands of Indians, parties hereto, shall violate any of the
agreements, stipulations, or obligations herein contained, the United States may
withhold, for such length of time as the President may determine, any portion or
all the annuities agreed to be paid to said Indians under the provisions of this
treaty.
Article IX. The annuities of the aforesaid Indians shall not be taken to
pay the debts of individuals, but satisfaction for depredations committed by
them shall be made in such manner as the President may direct.
Article X. This treaty shall be obligatory upon the aforesaid tribe of
Indians from the date hereof, and upon the United States so soon as the same
shall be ratified by the President and Senate.
Article XI. Any amendment or modification of this treaty by the Senate of
the United States, not materially changing the nature or obligation of the same,
shall be considered final and binding on said bands the same as if it had been
subsequently presented and agreed to by the said chiefs and headmen, in open
council.
In testimony whereof the aforesaid commissioners on the part of the United
States, and the chiefs and headmen of the aforementioned tribe of Indians, have
hereunto set their hands this twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, after the contents thereof had
been previously read, interpreted, and explained.
Newton Edmunds
S. R. Curtis
Orrin Guernsey
Henry W. Reed
White Shield, his x mark
Iron Bear, his x mark
The Son of the Star, or Rushing Bear, his x mark
The Black Trail, his x mark
The Wolf Necklace, his x mark
The one that comes out first, his x mark
The Whistling Bear, his x mark
The Yellow Knife, his x mark
The Bear of the Woods, his x mark
The Dog Chief, his x mark
Headmen:
White Cow Chief, his x mark
The Walking Wolf, his x mark
The White Bear, his x mark
The Bully Head, his x mark
The Young Wolf, his x mark
The Short Tail Bull, his x mark
The Lone Horse, his x mark
The War Eagle Cap, his x mark
The Sitting Night, his x mark
The Yellow Wolf, his x mark
The Old Bear, his x mark
The Brave, his x mark
The Big Head, his x mark
The Elk River, his x mark
Mahlon Wilkinson, Agent
Reuben S. Pike
Jos. La Burg. Jr.
Charles Reader
Chas. F. Picotte
U. S. Interpreters
Pierre Garreau, his x mark
Charles Papin
Charles Larpenteur
Signed by the commissioners on the part of the United States, and by the
chiefs and headmen, after the treaty had been fully read, interpreted, and
explained in our presence.
Chas. A. Reed, Secy. of Commission
M. K. Armstrong, Assist. Secty
Addenda.
The chiefs and headmen of the Gros Ventres and Mandan tribes, heretofore long
associated with the Arickarees named in the foregoing treaty, and anxious to
continue their residence in the same community and perpetuate their friendly
relations with the Arickarees and the United States, do concur in, and become
parties and participants in and to all the stipulations of the foregoing treaty.
And it being made known to all the tribes thus associated that the United States
may desire to connect a line of stages with the river, at the salient angle
thereof about thirty miles below this point, and may desire to establish
settlements and convenient supplies and mechanical structures to accommodate the
growing commerce and travel, by land and river, the chiefs and headmen of the
Arickarees, Gros Ventres, and Mandans, acting and uniting also with the
commissioners of the United States aforesaid, do hereby convey to the United
States all their right and title to the following lands, situated on the
northeast side of the Missouri River, to wit: Beginning on the Missouri River at
the mouth of Snake River, about thirty miles below Ft. Berthold; thence up Snake
River and in a northeast direction twenty-five miles; thence southwardly
parallel to the Missouri River to a point opposite and twenty-five miles east of
old Ft. Clarke; thence west to a point on the Missouri River opposite to old Ft.
Clarke; thence up the Missouri River to the Place of beginning: Provided, That
the premises here named shall not be a harbor for Sioux or other Indians when
they are hostile to the tribes, parties to this treaty; but it shall be the duty
of the United States to protect and defend these tribes in the lawful occupation
of their homes, and in the enjoyment of their civil rights, as the white people
are protected in theirs.
Article II. It is also agreed by the three tribes aforesaid, now united
in this treaty as aforesaid, that in consideration of the premises named in the
aforesaid treaty, and the further consideration of the cession of lands at Snake
River, in addition to the payments by the United States of annuities there named
to the Arickarees, there shall be paid five thousand dollars to the Gros Ventres,
and five thousand dollars to the Mandans, annually, in goods, at the discretion
of the President. And for the Gros Ventres and Mandan tribes twenty per cent of
their annuity may be expended for agricultural, mechanical, and other purposes
as specified in the latter clause of Article Seven of the aforesaid treaty.
And also out of the aforesaid annuity to the Gros Ventres there shall be paid to
the first, or principal chief, the sum of two hundred dollars each, annually,
and to the six soldier chiefs the sum of fifty dollars each, annually.
There shall also be paid to the head, or principal chief, of the Mandans, out of
the annuities of said tribe, the sum of two hundred dollars, annually, and to
each of the nine soldier chiefs the sum of fifty dollars, annually.
In testimony whereof the aforesaid commissioners on the part of the United
States, and the chiefs and headmen of the aforementioned tribes of Indians, have
hereunto set their hands this twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, after the contents thereof had
been previously read, interpreted, and explained to the chiefs and headmen of
the aforementioned tribes.
Newton Edmunds
S. R. Curtis
Orrin Guernsey
Herny W. Reed
Signatures of Arickarees
White Shield, Head Chief, his x mark
Rushing Bear, Second Chief, his x mark
Wolf Necklace, Chief, his x mark
Bear of the woods, Chief, his x mark
Whistling Bear, Chief, his x mark
Iron Bear, Soldier C., his x mark
Black trail, Second Chief, his x mark
The Two Bears, Chief, his x mark
The Yellow Knife, Chief, his x mark
The Crow Chief, Chief, his x mark
Gros Ventres Chiefs
Crow Breast, Head Chief, his x mark
Poor Wolf, Second Chief, his x mark
Red Tail, his x mark
The War Chief, his x mark
Short Tail Bull, his x mark
One whose mouth rubbed with cherries, his x mark
The Yellow Shirt, his x mark
Chief Soldiers
The Flying Crow, his x mark
The Many Antelope, his x mark
One who eats no marrow, his x mark
Mandan Chiefs
The Red Cow, his x mark
The Running Eagle, his x mark
The Big Turtle, his x mark
The Scabby Wolf, his x mark
The Crazy Chief, his x mark
The Crow Chief, his x mark
Chief Soldiers
One who strikes in the back, his x mark
Signed by the commissioners on the part of the United States, and by the
Chiefs and headmen after the treaty had been fully read, interpreted and
explained in our presence.
Witnesses to the above signatures
Chas. A. Reed, Secty. of Commission
Mahlon Wilkinson, Agent
M. K. Armstrong, Asst. Secy
Reuben S. Pike
U. S. interpreters
Charles Reader
C. F. Picotte
Charles Larpenteur
Pierre Garreau, his x mark
Charles Papin
Agreement at Fort Berthold, July 27, 1866.
Bottom of Form
Articles of agreement and convention made and concluded at Fort Berthold in
the Territory of Dakota, on the twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, by and between Newton Edmunds,
governor and ex-officio superintendent of Indian affairs of Dakota Territory;
Major General S. R. Curtis, Orrin Guernsey and Henry W. Reed, commissioners
appointed on the part of the United States to make treaties with the Indians of
the Upper Missouri; and the chiefs and headmen of the Arickaree tribe of
Indians, Witnessed as follows:
Article I. Perpetual peace, friendship, and amity shall hereafter exist
between the United States and the said Arickaree Indians.
Article II. The said Arickaree tribe of Indians promise and agree that
they will maintain peaceful and friendly relations toward the whites; that they
will in future, abstain from all hostilities against each other, and cultivate
mutual good will and friendship, not only among themselves, but toward all other
friendly tribes of Indians.
Article III. The chiefs and headmen aforesaid acting as the
representatives of the tribe aforesaid and being duly authorized and hereunto
directed, in consideration of the payments and privileges hereinafter stated, do
hereby grant and convey to the United States the right to lay out and construct
roads, highways, and telegraphs through their country, and to use their efforts
to prevent them from annoyance or interruption by their own or other tribes of
Indians.
Article IV. No white person, unless in the employ of the United States,
or duly licensed to trade with said Indians, or members of the families of such
persons shall be permitted to reside or make settlement upon any part of the
country belonging to said Indians, not included or described herein; nor shall
said Indians sell, alienate, or in any manner dispose of any portion thereof,
except to the United States.
ArticleV. The said Aricara tribe of Indians hereby acknowledge their
dependence on the United States and their obligation to obey the laws thereof;
and they further agree and obligate themselves to submit to and obey such laws
as may be made by Congress for their government and the punishment of offenders;
and they agree to exert themselves to the utmost of their ability in enforcing
all the laws under the superintendent of Indian affairs, or agent; and they
pledge and bind themselves to preserve friendly relations with the citizens of
the United States, and commit no injuries to, or depredations upon, their
persons or property. They also agree to deliver to the proper officer of
officers of the United States, all offenders against the treaties, laws, or
regulations of the United States, and to assist in discovering, pursuing and
capturing all such offenders who may be within the limits of the country claimed
by them, whenever required so to do by such officer or officers.
And the said Aricara tribe of Indians further agree that they will not make war
upon any other tribe or band of Indians, except in self-defense, but will submit
all matters of difference between themselves and other Indians to the Government
of the United States for adjustment, and will abide thereby; and if any of the
Indians, party to this treaty, commit depredations upon any other Indians within
the jurisdiction of the United States, the same rule shall prevail with regard
to compensation and punishment as in cases of depredations against citizens of
the United States.
Article VI. In consideration of the great evil of intemperance among some
of the Indian tribes, and in order to prevent such consequences among ourselves,
we, the said Aricara tribe of Indians agree to do all in our power to prevent
the introduction or use of spirituous liquors among our people, and to this end
we agree that should any of the members of our tribe encourage the use of
spirituous liquors, either by using it themselves, or buying and selling it,
whosoever shall do so shall forfeit his claim to any annuities paid by the
Government for the current year; or should they be aware of such use or sale or
introduction of liquor into their country, either by whites or by persons of
Indian blood and not aid by all proper means to effect its extermination and the
prosecution of offenders, shall be liable to the forfeiture above mentioned.
Article VII. In consideration of the foregoing agreements, stipulations,
cessions, and undertakings and of their faithful observance by the said Aricara
tribe of Indians, the United States agree to expend for the said Indians, in
addition to the goods and provisions distributed at the time of signing this
treaty, the sum of ten thousand dollars annually for twenty years, after the
ratification of this treaty by the President and Senate of the United States, to
be expended in such goods, provisions, and other articles as the President may
in his discretion, from time to time determine; provided, and it is hereby
agreed that the President may, at his discretion, annually expend so much of the
sum of three thousand dollars as he shall deem proper, in the purchase of stock,
animals, agricultural implements, in establishing and instructing in
agricultural and mechanical pursuits, such of said Indians as shall be disposed
thereto; and in the employment of mechanics for them, in educating their
children, in providing necessary and proper medicines, medical attendance, care
for the support of the aged, sick, and infirm of their number, for the helpless
orphans of said Indians, and in any other respect promoting their civilization,
comfort, and improvement; provided further, that the President of the United
States may, at his discretion determine in what proportion the said annuities
shall be distributed among said Indians; and the United States further agree
that out of the sum above stipulated to be paid to said Indians, there shall be
set apart and paid to the head-chief, the sum of two hundred dollars annually,
and to the soldier-chiefs, fifty dollars annually in money or supplies, so long
as they and their bands remain faithful to their treaty obligations; and for and
in consideration of the long continued and faithful services of Pierre Garreau
to the Indians of the aforesaid tribe, and his efforts for their benefit, the
United States agree to give him, out of the annuities to said tribe, the sum of
two hundred dollars annually, being the same amount as is paid the head chiefs
as aforesaid; and also to the eight leading men presented by the said tribe as
the headmen and advisers of the principal chiefs, and to their successors in
office, the sum of fifty dollars per annum, so long as they remain faithful to
their treaty obligations; and provided that the President may, at this
discretion, vary the amount paid to the chiefs, if in his judgment there may be
either by the fidelity or efficiency of any of said chiefs sufficient cause; yet
not so as to change the aggregate amount.
Article VIII. It is understood and agreed by the parties to this treaty,
that if any of the bands of Indians, parties hereto, shall violate any of the
agreements, stipulations, or obligations herein contained, the United States may
withhold, for such length of time as the President may determine, any portion or
all the annuities agreed to be paid to said Indians under the provisions of this
treaty.
Article IX. The annuities of the aforesaid Indians shall not be taken to
pay the debts of individuals, but satisfaction for depredations committed by
them shall be made in such manner as the President may direct.
Article X. This treaty shall be obligatory upon the aforesaid tribe of
Indians from the date hereof, and upon the United States so soon as the same
shall be ratified by the President and Senate.
Article XI. Any amendment or modification of this treaty by the Senate of
the United States, not materially changing the nature or obligation of the same,
shall be considered final and binding on said bands the same as if it had been
subsequently presented and agreed to by the said chiefs and headmen, in open
council.
In testimony whereof the aforesaid commissioners on the part of the United
States, and the chiefs and headmen of the aforementioned tribe of Indians, have
hereunto set their hands this twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, after the contents thereof had
been previously read, interpreted, and explained.
Newton Edmunds
S. R. Curtis
Orrin Guernsey
Henry W. Reed
White Shield, his x mark
Iron Bear, his x mark
The Son of the Star, or Rushing Bear, his x mark
The Black Trail, his x mark
The Wolf Necklace, his x mark
The one that comes out first, his x mark
The Whistling Bear, his x mark
The Yellow Knife, his x mark
The Bear of the Woods, his x mark
The Dog Chief, his x mark
Headmen:
White Cow Chief, his x mark
The Walking Wolf, his x mark
The White Bear, his x mark
The Bully Head, his x mark
The Young Wolf, his x mark
The Short Tail Bull, his x mark
The Lone Horse, his x mark
The War Eagle Cap, his x mark
The Sitting Night, his x mark
The Yellow Wolf, his x mark
The Old Bear, his x mark
The Brave, his x mark
The Big Head, his x mark
The Elk River, his x mark
Mahlon Wilkinson, Agent
Reuben S. Pike
Jos. La Burg. Jr.
Charles Reader
Chas. F. Picotte
U. S. Interpreters
Pierre Garreau, his x mark
Charles Papin
Charles Larpenteur
Signed by the commissioners on the part of the United States, and by the
chiefs and headmen, after the treaty had been fully read, interpreted, and
explained in our presence.
Chas. A. Reed, Secy. of Commission
M. K. Armstrong, Assist. Secty
Addenda.
The chiefs and headmen of the Gros Ventres and Mandan tribes, heretofore long
associated with the Arickarees named in the foregoing treaty, and anxious to
continue their residence in the same community and perpetuate their friendly
relations with the Arickarees and the United States, do concur in, and become
parties and participants in and to all the stipulations of the foregoing treaty.
And it being made known to all the tribes thus associated that the United States
may desire to connect a line of stages with the river, at the salient angle
thereof about thirty miles below this point, and may desire to establish
settlements and convenient supplies and mechanical structures to accommodate the
growing commerce and travel, by land and river, the chiefs and headmen of the
Arickarees, Gros Ventres, and Mandans, acting and uniting also with the
commissioners of the United States aforesaid, do hereby convey to the United
States all their right and title to the following lands, situated on the
northeast side of the Missouri River, to wit: Beginning on the Missouri River at
the mouth of Snake River, about thirty miles below Ft. Berthold; thence up Snake
River and in a northeast direction twenty-five miles; thence southwardly
parallel to the Missouri River to a point opposite and twenty-five miles east of
old Ft. Clarke; thence west to a point on the Missouri River opposite to old Ft.
Clarke; thence up the Missouri River to the Place of beginning: Provided, That
the premises here named shall not be a harbor for Sioux or other Indians when
they are hostile to the tribes, parties to this treaty; but it shall be the duty
of the United States to protect and defend these tribes in the lawful occupation
of their homes, and in the enjoyment of their civil rights, as the white people
are protected in theirs.
Article II. It is also agreed by the three tribes aforesaid, now united
in this treaty as aforesaid, that in consideration of the premises named in the
aforesaid treaty, and the further consideration of the cession of lands at Snake
River, in addition to the payments by the United States of annuities there named
to the Arickarees, there shall be paid five thousand dollars to the Gros Ventres,
and five thousand dollars to the Mandans, annually, in goods, at the discretion
of the President. And for the Gros Ventres and Mandan tribes twenty per cent of
their annuity may be expended for agricultural, mechanical, and other purposes
as specified in the latter clause of Article Seven of the aforesaid treaty.
And also out of the aforesaid annuity to the Gros Ventres there shall be paid to
the first, or principal chief, the sum of two hundred dollars each, annually,
and to the six soldier chiefs the sum of fifty dollars each, annually.
There shall also be paid to the head, or principal chief, of the Mandans, out of
the annuities of said tribe, the sum of two hundred dollars, annually, and to
each of the nine soldier chiefs the sum of fifty dollars, annually.
In testimony whereof the aforesaid commissioners on the part of the United
States, and the chiefs and headmen of the aforementioned tribes of Indians, have
hereunto set their hands this twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, after the contents thereof had
been previously read, interpreted, and explained to the chiefs and headmen of
the aforementioned tribes.
Newton Edmunds
S. R. Curtis
Orrin Guernsey
Herny W. Reed
Signatures of Arickarees
White Shield, Head Chief, his x mark
Rushing Bear, Second Chief, his x mark
Wolf Necklace, Chief, his x mark
Bear of the woods, Chief, his x mark
Whistling Bear, Chief, his x mark
Iron Bear, Soldier C., his x mark
Black trail, Second Chief, his x mark
The Two Bears, Chief, his x mark
The Yellow Knife, Chief, his x mark
The Crow Chief, Chief, his x mark
Gros Ventres Chiefs
Crow Breast, Head Chief, his x mark
Poor Wolf, Second Chief, his x mark
Red Tail, his x mark
The War Chief, his x mark
Short Tail Bull, his x mark
One whose mouth rubbed with cherries, his x mark
The Yellow Shirt, his x mark
Chief Soldiers
The Flying Crow, his x mark
The Many Antelope, his x mark
One who eats no marrow, his x mark
Mandan Chiefs
The Red Cow, his x mark
The Running Eagle, his x mark
The Big Turtle, his x mark
The Scabby Wolf, his x mark
The Crazy Chief, his x mark
The Crow Chief, his x mark
Chief Soldiers
One who strikes in the back, his x mark
Signed by the commissioners on the part of the United States, and by the
Chiefs and headmen after the treaty had been fully read, interpreted and
explained in our presence.
Witnesses to the above signatures
Chas. A. Reed, Secty. of Commission
Mahlon Wilkinson, Agent
M. K. Armstrong, Asst. Secy
Reuben S. Pike
U. S. interpreters
Charles Reader
C. F. Picotte
Charles Larpenteur
Pierre Garreau, his x mark
Charles Papin
Treaty With The Northern Cheyenne and Northern Arapaho, May 10, 1868
![]()
![]()
![]()
![]()
![]()
![]()
![]()
Articles of a treaty made and concluded at Fort Laramie, Dakota Territory, on
the tenth day of May, in the year of our Lord one thousand eight hundred and
sixty-eight, by and between the undersigned commissioners on the part of the
United States, and the undersigned chiefs and head-men of and representing the
Northern Cheyenne and Northern Arapahoe Indians, they being duly authorized to
act in the premises.
Article 1. From this day forward peace between the parties to this treaty
shall forever continue. The Government of the United States desires peace, and
its honor is hereby pledged to keep it. The Indians desire peace, and they
hereby pledge their honor to maintain it. If bad men among the whites, or among
other people subject to the authority of the United States, shall commit any
wrong upon the person or property of the Indians, the United States will, upon
proof made to the agent and forwarded to the Commissioner of Indian Affairs at
Washington City, proceed at once to cause the offender to be arrested and
punished according to the laws of the United States, and also reimburse the
injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person
or property of any one, white, black, or Indian, subject to the authority of the
United States and at peace therewith, the Indians herein named solemnly agree
that they will, on proof made to their agent and notice by him, deliver up the
wrong-doer to the United States, to be tried and punished according to its laws;
and in case they wilfully refuse so to do, the person injured shall be
reimbursed for his loss from the annuities or other moneys due or to become due
to them under this or other treaties made with the United States. And the
President, on advising with the Commissioner of Indian Affairs, shall prescribe
such rules and regulations for ascertaining damages under the provisions of this
article as in his judgment may be proper. But no such damages shall be adjusted
and paid until thoroughly examined and passed upon by the Commissioner of Indian
Affairs, and no one sustaining loss while violating or because of his violating
the provisions of this treaty or the laws of the United States shall be
reimbursed therefor.
Article 2. The Indians, parties to this treaty, hereby agree to accept
for their permanent home some portion of the tract of country set apart and
designated as a permanent reservation for the Southern Cheyenne and Arapahoe
Indians by a treaty entered into by and between them and the United States, at
Medicine Lodge Creek, on the—day of October, eighteen hundred and sixty-seven,
or some portion of the country and reservation set apart and designated as a
permanent home for the Brulé and other bands of Sioux Indians, by a treaty
entered into by and between said Indians and the United States, at Fort Laramie,
D. T., on the twenty-ninth day of April, eighteen hundred and sixty-eight. And
the Northern Cheyenne and Arapahoe Indians do hereby relinquish, release, and
surrender to the United States, all right, claim, and interest in and to all
territory outside the two reservations above mentioned, except the right to roam
and hunt while game shall be found in sufficient quantities to justify the
chase. And they do solemnly agree that they will not build any permanent homes
outside of said reservations, and that within one year from this date they will
attach themselves permanently either to the agency provided for near the mouth
of Medicine Lodge Creek, or to the agency about to be established on the
Missouri River, near Fort Randall, or to the Crow agency near Otter Creek, on
the Yellowstone River, provided for by treaty of the seventh day of May,
eighteen hundred and sixty-eight, entered into by and between the United States
and said Crow Indians, at Fort Laramie, D. T.; and it is hereby expressly
understood that one portion of said Indians may attach themselves to one of the
afore-mentioned reservations, and another portion to another of said
reservations, as each part or portion of said Indians may elect.
Article 3. If any individual belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall desire to
commence farming, he shall have the privilege to select, in the presence and
with the assistance of the agent then in charge, a tract of land within said
reservations not exceeding three hundred and twenty acres in extent, which
tract, when so selected, certified, and recorded in the "Land Book" as herein
directed, shall cease to be held in common, but the same may be occupied and
held in the exclusive possession of the person selecting it, and of his family,
so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in
like manner select and cause to be certified to him or her, for purposes of
cultivation, a quantity of land not exceeding eighty acres in extent, and
thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate containing a description
thereof and the name of the person selecting it, with a certificate endorsed
thereon that the same has been recorded, shall be delivered to the party
entitled to it by the agent after the same shall have been recorded by him in a
book to be kept in his office, subject to inspection, which said book shall be
known as the "Northern Cheyenne and Arapahoe Land Book."
The President may, at any time, order a survey of the reservation; and when so
surveyed, Congress shall provide for protecting the rights of settlers in their
improvements, and may fix the character of the title held by each.
The United States may pass such laws on the subject of alienation and descent of
property as between Indians and on all subjects connected with the government of
the Indians on said reservations, and the internal police thereof, as may be
thought proper.
Article 4. In order to insure the civilization of the tribe entering into
this treaty, the necessity of education is admitted, especially by such of them
as are or may be settled on said agricultural reservation, and they therefore
pledge themselves to compel their children, male and female, between the ages of
six and sixteen years, to attend school; and it is hereby made the duty of the
agent for said Indians to see that this stipulation is strictly complied with;
and the United States agrees that for every thirty children, between said ages,
who can be induced or compelled to attend school, a house shall be provided, and
a teacher, competent to teach the elementary branches of an English education,
shall be furnished, who will reside among said Indians, and faithfully discharge
his or her duties as a teacher. The provisions of this article to continue for
twenty years.
Article 5. When the head of a family or lodge shall have selected lands,
and received his certificate as above directed, and the agent shall be satisfied
that he intends in good faith to commence cultivating the soil for a living, he
shall be entitled to receive seeds and agricultural implements for the first
year in value one hundred dollars, and for each succeeding year he shall
continue to farm for a period of three years more he shall be entitled to
receive seeds and implements as aforesaid in value twenty-five dollars per
annum.
And it is further stipulated that such persons as commence farming shall receive
instructions from the farmer herein provided for, and whenever more than one
hundred persons shall enter upon the cultivation of the soil a second blacksmith
shall be provided, with such iron, steel, and other material as may be needed.
Article 6. In lieu of all sums of money or other annuities provided to be
paid to the Indians herein named, under any and all treaties heretofore made
with them, the United States agrees to deliver at the agency-house, on the
reservations herein provided for, on the first day of September of each year,
for thirty years, the following articles, to wit:
For each male person over fourteen years of age, a suit of good substantial
woolen clothing, consisting of coat, hat, pantaloons, flannel shirt, and a pair
of woolen socks.
For each female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, twelve yards of calico, and twelve
yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as
may be needed to make each a suit, as aforesaid, together with a pair of woolen
hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate
properly for the articles herein named, it shall be the duty of the agent each
year to forward to him a full and exact census of the Indians, on which the
estimates from year to year can be based.
And, in addition to the clothing herein named, the sum of ten dollars shall be
annually appropriated for each Indian roaming, and twenty dollars for each
Indian engaged in agriculture, for a period of ten years, to be used by the
Secretary of the Interior in the purchase of such articles as from time to time
the condition and necessities of the Indians may indicate to be proper. And if,
at any time within the ten years, it shall appear that the amount of money
needed for clothing under this article can be appropriated to better uses for
the tribes herein named, Congress may by law change the appropriation to other
purposes; but in no event shall the amount of this appropriation be withdrawn or
discontinued for the period named. And the President shall annually detail an
officer of the Army to be present and attest the delivery of all the goods,
herein named, to the Indians, and he shall inspect and report on the quantity
and quality of the goods and the manner of their delivery; and it is expressly
stipulated that each Indian over the age of four years, who shall have removed
to and settled permanently upon said reservation and complied with the
stipulations of this treaty, shall be entitled to receive from the United
States, for the period of four years after he shall have settled upon said
reservation, one pound of meat and one pound of flour per day, provided that the
Indians cannot furnish their own subsistence at an earlier date; and it is
further stipulated that the United States will furnish and deliver to each lodge
of Indians, or family of persons legally incorporated with them, who shall
remove to the reservation herein described and commence farming, one good
American cow and one well-broken pair of American oxen, within sixty days after
such lodge or family shall have so settled upon said reservation.
Article 7. The United States hereby agrees to furnish annually to the
Indians who settle upon the reservation a physician, teachers, carpenter,
miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such
appropriations shall be made from time to time on the estimates of the Secretary
of the Interior as will be sufficient to employ such persons.
Article 8. No treaty for the cession of any portion of the reservations
herein described, which may be held in common, shall be of any force or validity
as against the said Indians unless executed and signed by at least a majority of
all the adult male Indians, occupying or interested in the same; and no cession
by the tribe shall be understood or construed in such manner as to deprive,
without his consent, any individual member of the tribe of his right to any
tract of land selected by him, as hereinbefore provided.
Article 9.
It is agreed that the sum of five hundred dollars annually for three years, from
the date when they commenced to cultivate a farm, shall be expended in presents
to the ten persons of said tribe who, in the judgment of the agent, may grow the
most valuable crops for the respective year.
W. T. Sherman, Lieutenant-General
Wm. S. Harney, Brevet Major-General, U. S. Army
Alfred H. Terry, Brevet Major-General
C. C. Augur, Brevet Major-General
John B. Sanborn, S. F. Tappan, Commissioners
Attest:
Ashton S. H. White, Secretary
Wah-tah-nah, Black Bear, his x mark
Bah-ta-che, Medicine Man, his x mark
Oh-cum-ga-che, Little Wolf, his x mark
Ichs-tah-en, Short Hair, his x mark
Non-ne-se-be, Sorrel Horse, his x mark
Ka-te-u-nan, The Under Man, his x mark
Ah-che-e-wah, The Man in the Sky, his x mark
We-ah-se-vose, The Big Wolf, his x mark
Ches-ne-on-e-ah, The Beau, his x mark
Mat-ah-ne-we-tah, The Man that falls from his horse, his x mark
Oh-e-na-ku, White Crow, his x mark
A-che-kan-koo-eni, Little Shield, his x mark
Tah-me-la-pahs-me, or Dull Knife, his x mark
Attest:
George B. Willis, Phonographer
John D. Howland
Alex. Gardner
David Knox
Chas. Freeman
Jas. C. O'Connor
©Copyright and Public Domain
Property of the Citizens of the United States of America
Updated 10/20/09