Treaty.
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7 Stat. 229 TREATY WITH THE SACS AND FOX INDIANS.Aug. 4, 1824.Proclamation, Jan. 18, 1825. To perpetuate peace and friendship between the United States and the Sock and Fox tribes or nations of Indians, and to remove all future cause of dissensions which may arise from undefined territorial boundaries, the President of the United States of America, by William Clark, Superintendent of Indian Affairs, and sole Commissioner specially appointed for that purpose, of the one part, and the undersigned Chiefs and Head Men of the Sock and Fox tribes or nations, fully deputised to act for and in behalf of their said nations, of the other part, have entered into the following articles and conditions, viz:
Article 1st. The Sock and Fox tribes or nations of Indians, by Agreements entered into by said tribes. their deputations in council assembled, do hereby agree, in consideration of certain sums of money, &c. to be paid to the said Sock and Fox tribes, by the Government of the United States, as hereinafter stipulated, to cede and for ever quit claim, and do, in behalf of their said tribes or nations, hereby cede, relinquish, and forever quit claim, unto the United States, all right, title, interest, and claim, to the lands which the said Sock and Fox tribes have, or claim, within the limits of the state of Missouri, which are situated, lying, and being, between the Mississippi and Missouri rivers, and a line running from the Missouri, at the entrance of Kansas river, north one hundred miles to the Northwest corner of the state of Missouri, and from thence east to the Mississippi.
It being understood, that the small tract of land lying between the rivers Desmoin and the Mississippi, and the section of the 1843, ch. 88. 1844, ch. 64. above line between the Mississippi and the Desmoin, is intended for the use of the half-breeds belonging to the Sock and Fox nations; they holding it, however, by the same title, and in the same manner, that other Indian titles are held. Article 2d. The Chiefs and Head Men who sign this convention, Lands ceded, &c. for themselves and in behalf of their tribes, do acknowledge the lands east and south of the lines described in the first article, so far as the Indians claimed the same, to belong to the United States, and that none of their tribes shall be permitted to settle or hunt upon any part of it, after the first day of January, 1826, without special permission from the Superintendent of Indian Affairs. 230 Article 3d.
It is hereby stipulated and agreed, on the part of the Annuities, &c. United States, as a full consideration for the claims and lands ceded by the Sock and Fox tribes in the first article, there shall be paid to the Sock and Fox nations, within the present year, one thousand dollars in cash, or merchandize; and in addition to the annuities stipulated to be paid to the Sock and Fox tribes by a former treaty, the United States Ante, p. 84. do agree to pay to the said Sock tribe, five hundred dollars, and to the Fox tribe five hundred dollars, annually, for the term of ten succeeding years; and, at the request of the Chiefs of the said Sock and Fox nations, the Commissioner agrees to pay to Morice Blondeau, a half Indian of the Fox tribe, the sum of five hundred dollars, it being a debt due by the said nation to the aforesaid Blondeau, for property taken from him during the late war.
Article 4th. The United States engage to provide and support a Assistance to be rendered them. Blacksmith for the Sock and Fox nations, so long as the President of the United States may think proper, and to furnish the said nations with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient. Article 5th. The annuities stipulated to be paid by the 3d article, Payment of the annuities. are to be paid either in money, merchandize, provisions, or domestic animals, at the option of the aforesaid tribes, and when the said annuities or part thereof is paid in merchandize, it is to be delivered to them at the first cost of the goods at St.
Louis, free from cost of transportation. Article 6th. This treaty shall take effect and be obligatory on the Treaty obligatory when ratified. contracting parties so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof. In testimony whereof, the said William Clark, Commissioner as aforesaid, and the Chiefs and Head Men of the Sock and Fox tribes of Indians as aforesaid, have hereunto set their hands, at Washington City, this fourth day of August in the year of our Lord one thousand eight hundred and twenty-four.
WM. CLARK. *Socks.* Pah-sha-pa-ha (Stabber) Kah-kee-kai-maik (All Fish) Wah-kee-chai (Crouching Eagle) Kee-o-kuck (Watchful Fox) Kah-kee-kai-maik (All Fish) Sah-col-o-quoit (Rising Cloud) *Foxes.* Fai-mah (The Bear) Ka-pol-e-qua (White Nosed Fox) Pees-mash-ka (The Fox winding his horn) Kee-sheswa (The Sun) Witnesses at signing.—Thomas L. McKenney. Law. Taliaferro, Indian Agent at St. Peter’s. G. W. Kennerly, Indian Agent. A. Baronet Vesques, Acting S. I. A. and Int. Maurice Blondeau.
J. T. Honore. Jno. W. Johnson. Meriwether Lewis Clark. Noal Dashnay, Interpreter. To the Indian names are subjoined a mark and seal. Aug. 4, 1824 Treaty 7 Stat. 231 ARTICLES OF A TREATY Aug. 4, 1824.Proclamation, Jan. 18, 1825.*Made and concluded at the City of Washington, on the fourth day of August, one thousand eight hundred and twenty-four, between William Clark, Superintendent of Indian Affairs, being specially authorized by the President of the United States thereto, and the undersigned Chiefs and Head men, of the Ioway Tribe or Nation, duly authorized and empowered by the said Nation.* Article 1st.
The Ioway Tribe or Nation of Indians, by their deputies, Lands ceded to the U. S.Ma-hos-kah, (or White Cloud,) and Mah-ne-hah-nah, (or Great Walker,) in Council assembled, do hereby agree, in consideration of a certain sum of money, &c. to be paid to the said Ioway Tribe, by the government of the United States, as hereinafter stipulated, to cede and forever, quit claim, and do, in behalf of their said Tribe, hereby cede, relinquish, and forever quit claim, unto the United States, all right, title, interest, and claim, to the lands which the said Ioway Tribe have, or claim, within the State of Missouri, and situated between the Mississippi and Missouri rivers and a line running from the Missouri, at the mouth or entrance of Kanzas river, north one hundred miles, to the northwest corner of the limits of the state of Missouri, and, from thence, east to the Mississippi.
Article 2d. It is hereby stipulated and agreed, on the part of the Payment for said cession.United States, as a full compensation for the claims and lands ceded by the Ioway Tribe in the preceding article, there shall be paid to the said Ioway tribe, within the present year, in cash or merchandise, the amount of five hundred dollars, and the United States do further agree to pay to the Ioway Tribe, five hundred dollars, annually, for the term of ten succeeding years. Article 3d.
The Chiefs and Head Men who sign this Treaty, for Acknowledgment of Indians.themselves, and in behalf of their Tribe, do acknowledge that the lands east and south of the lines described in the first article, (which has been run and marked by Colonel Sullivan,) so far as the Indians claimed the same, to belong to the United States, and that none of their tribe shall be permitted to settle or hunt upon any part of it, after 1st day of January, one thousand eight hundred and twenty-six, without special permission from the Superintendent of Indian Affairs.
Article 4th. The undersigned Chiefs, for themselves, and all parts Protection of U. S. acknowledged.of the Ioway tribe, do acknowledge themselves and the said Ioway Tribe, to be under the protection of the United States of America, and of no other sovereign whatsoever; and they also stipulate, that the said Ioway tribe will not hold any treaty with any foreign powers, individual state, or with individuals of any state. Article 5th. The United States engage to provide and support a Assistance to be rendered Indians.blacksmith for the Ioway Tribe, so long as the President of the United States may think proper, and to furnish the said Tribe with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient.
Article 6th. The annuities stipulated to be paid by the second 231 232 TREATY WITH THE QUAPAWS. 1824.Payment of annuities.article, to be paid either in money, merchandise, provisions, or domestic animals, at the option of the aforesaid Tribe; and when the said annuities, or any part thereof, is paid in merchandise, it is to be delivered to them at the first cost of the goods at St. Louis, free from cost of transportation. Treaty obligatory when ratified. Article 7th. This Treaty shall take effect, and be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.
In testimony whereof, the said William Clark, Commissioner as afore said, and the Chiefs and Head Men of the Ioway Tribe of Indians, as aforesaid, have hereunto set their hands this day and year first before written. WM. CLARK. Ma-hos-kah, (White Cloud,) Mah-ne-hah-nah, (Great Walker.) Witnesses present, Thos. L. McKenney. G. W. Kennerley, Indian Agent. Law. Taliaferro, Indian Agent at St. Peter’s. A. Baronet Vasques, Act. sub. Agt. and Interpreter. Meriwether Lewis Clark. Jno.
W. Johnson. William P. Clark. William Radford. To the Indian names are subjoined a mark and real. Nov. 15, 1824 Treaty 7 Stat. 232 ARTICLES OF A TREATY Nov. 15, 1824.Proclamation, Feb. 19, 1825.*Between the United States of America and the Quapaw Nation of Indians.* Lands ceded by the Quapaws. Article 1. The Quapaw Nation of Indians cede to the United States of America, in consideration of the promises and stipulations herein after made, all claim or title which they may have to lands in the Territory of Arkansas, comprised in the following boundaries, to wit:
Beginning at a point on the Arkansas river, opposite to the Post of Arkansas, and running thence a due south-west course to the Ouachita river; and thence, up the same, to the Saline Fork; and up the Saline Fork, to a point from whence a due north-east course will strike the Arkansas river at Little Rock: and thence down the right (or south bank) of the Arkansas river to the place of beginning. Art. 2. In consideration of the cession made in the first article of this Treaty, by the aforesaid Chiefs and Warriors, the United States $500 to be paid to the head chiefs, &c.engage to pay to the four head Chiefs of the Quapaw Nation, the sum of live hundred dollars each, in consideration of the losses they will sustain by removing from their farms and improvements.
The payment to be made at the time they receive their annuity for the year 1825. And, also, to the said nation, the sum of four thousand dollars, to be paid in goods, at the signing of this Treaty. And the United States also engage to pay to the Quapaw Nation, one thousand dollars in specie, annually, for the term of eleven years, in addition to their present annuity. Art. 3. The United States hereby guaranty to the said Nation of Indians, the same right to hunt on the lands by them hereby ceded, as Rights guarantied them.
Ante, p. 176.was guarantied to them by a Treaty, concluded at St. Louis, on the 24th of August, 1818, between the said Quapaw Nation of Indians and William Clark and Auguste Choteau, Commissioners on the part of the United States. 233 Art. 4. The Quapaw Tribe of Indians will hereafter be concentrated and confined to the district of country inhabited by the Caddo Indians, and form a part of said Tribe. The said nation of Indians are to commence To be confined to the district of country occupied by the Caddo Indians.removing to the district allotted them, before the twentieth day of January, one thousand eight hundred and twenty-six.
Art. 5. For the purpose of facilitating the removal of the said Tribe, to the district of country allotted them, and as a compensation for the losses sustained, and the inconveniences to which they may be exposed by said removal, the United States will furnish them with corn, meat, Assistance to be rendered to Quapaws.and salt, for six months, from the first day of January, one thousand eight hundred and twenty-six. The United States further agree to furnish a sum not exceeding one thousand dollars, to be expended by their agent, to facilitate the transportation of the said Tribe to the district of country herein assigned them.
An Agent, Sub Agent, or Interpreter, shall be appointed to accompany said Tribe, and to reside among them. Art. 6. From the cession aforesaid, there shall be reserved to James Scull, in consideration of a debt of seven thousand five hundred dollars, due to him from the Quapaw Nation, and recognised in open Council, $7500 to be reserved to James Scull.two sections of land commencing on the Arkansas river, opposite to Mrs. Erabree’s, and running up and back from said river for quantity.
And the United States guaranty to the Quapaw Nation the payment of the said debt of seven thousand five hundred dollars, either by the ratification of the grant made in this article, or by the payment of said amount in money, exclusive of the amount stipulated to be paid to the said nation by this Treaty. Art. 7. There shall be granted by the United States, to the following persons, being Indians by descent, the following tracts of Land: To Francois Imbeau, one quarter section of land, commencing at a point on the Arkansas river, opposite the upper end of Wright Daniel’s farm, Tracts of land granted to certain persons, Indians by do scent.and thence, up and back from said river, for quantity.
To Joseph Duchassien, one quarter section of land, commencing at the lower corner of the quarter section granted to Francois Imbeau, and running down and back from said river for quantity. To Saracen, a half breed Qua paw, eighty acres of land, to be laid off so as to include his improvement, where he now resides, opposite Vaugine’s. To Batiste Socie, eighty acres of land, laying above and adjoining Saracen’s grant. To Joseph Bonne, eighty acres of land, lying above and adjoining Socie’s grant.
To Baptiste Bonne, eighty acres of land, lying above and adjoining Joseph Bonne’s grant. To Lewis Bartelmi, eighty acres of land, lying above and adjoining Baptiste Bonne’s grant. To Antoine Duchassin, eighty acres of land, lying above and adjoining Bartelmi’s grant. To Baptiste Imbeau, eighty acres of land, lying above and adjoining A. Duchassin’s grant. To Francois Coupot, eighty acres of land, lying above and adjoining Baptiste Imbeau’s grant. To Joseph Valliere, eighty acres of land, lying above and adjoining Francois Coupot’s grant.
All the said tracts of land shall be laid off, so as to conform to the lines of the United States’ surveys, and binding on the Arkansas river. Art. 8. This treaty shall take effect, and be obligatory on the contracting When to take effect.parties, so soon as the same shall be ratified by the Senate of the United States. In testimony whereof, the Commissioner on the part of the United States, Robert Crittenden, and the undersigned Chiefs and Warriors of the said Nation, have hereunto subscribed their names and affixed their Seals.234TREATY WITH THE CHOCTAWS. 1825.
Done at Harrington’s, in the Territory of Arkansas, on the fifteenth day of November, A. D. one thousand eight hundred and twenty-four, and of the Independence of the United States the forty-ninth. ROBERT CRITTENDEN. *Commissioner on the part of the United States.* Hackehton, Tononseka, Kiahhackelady, Sarazen, Kakapah, Hunkabhee, Wahtonbeh, Hunkahtugonee, Hepahdagoneh, Wahohsonjekah, Gratonjetuh, Watuhtezka, Dohkuhnonjeshu, Kahtuhkonku, Hahcrontonah. Signed, Sealed, and Witnessed, in Presence of Thomas W.
Newton, Secretary to the Commissioner. Robert C. Oden, Lieut. Col. 2d Reg. Arkansas Militia. F. Farrelly, Adjutant General of Arkansas Militia. B. Harrington. D. Barber, Sub-Agent to the Osages. Gordon Neill. Edmund Hogan. Thomas W. Johnston. Antoine Barrague. Etienne Vauyine, Interpreter. Joseph Duchasin, Interpreter. To the Indian names are subjoined a mark and seal. Jan. 20, 1825 Convention 7 Stat. 234 ARTICLES OF A CONVENTION Jan. 20, 1825.Proclamation, Feb. 19, 1825.*Made between John C.
Calhoun, Secretary of War, being specially authorized therefor by the President of the Unital States, and the undersigned Chiefs and Head Men of the Choctaw Nation of Indians, duly authorized and empowered by said Nation, at the City of Washington, on the twentieth day of January, in the year of our Lord one thousand eight hundred and twenty-five.* Preamble.Whereas a Treaty of friendship, and limits, and accommodation, having been entered into at Doake’s Stand, on the eighteenth of October, in the year one thousand eight hundred and twenty, between Andrew Ante, p. 210.Jackson and Thomas Hinds, Commissioners on the part of the United States, and the Chiefs and Warriors of the Choctaw Nation of Indians; and whereas the second article of the Treaty aforesaid provides for a cession of lands, west of the Mississippi, to the Choctaw Nation, in part satisfaction for lands ceded by said Nation to the United States, according to the first article of said treaty:
And whereas, it being ascertained that the cession aforesaid embraces a large number of settlers, citizens of the United States; and it being the desire of the President of the United States to obviate all difficulties resulting therefrom, and also, to adjust other matters in which both the United States and the Choctaw Nation are interested: the following articles have been agreed upon, and concluded, between John C. Calhoun, Secretary of War, specialty authorized therefor by the President of the United States, on the one part, and the undersigned Delegates of the Choctaw Nation, on the other part:
Lands ceded to the U. S. Ante, p. 210. Article 1. The Choctaw Nation do hereby cede to the United States all that portion of the land ceded to them by the second article of the Treaty of Doak Stand, as aforesaid, lying east of a line beginning on the Arkansas, one hundred paces east of Fort Smith, and running thence, due south, to Red river: it being understood that this 235line shall constitute, and remain, the permanent boundary between the United States and the Choctaws; and the United States agreeing to remove such citizens as may be settled on the west side, to the east side of said line, and prevent future settlements from being made on the west thereof.
Article 2. In consideration of the cession aforesaid, the United $6000 to be paid to Choctaws annually, for ever.States do hereby agree to pay the said Choctaw Nation the sum of six thousand dollars, annually, forever; it being agreed that the said sum of six thousand dollars shall be annually applied, for the term of twenty years, under the direction of the President of the United States, to the support of schools in said nation, and extending to it the benefits of instruction in the mechanick and ordinary arts of life; when, at the expiration of twenty years, it is agreed that the said annuity may be vested in stocks, or otherwise disposed of, or continued, at the option of the Choctaw nation.
Article 3. The eighth article of the treaty aforesaid having provided $6000 to be paid them annually, for 16 years.that an appropriation of lands shall be made for the purpose of raising six thousand dollars a year for sixteen years, for the use of the Choctaw Nation; and it being desirable to avoid the delay and expense attending the survey and sale of said land; the United States do hereby agree to pay the Choctaw Nation, in lieu thereof, the sum of six thousand dollars, annually, for sixteen years, to commence with the present year.
And the United States further stipulate and agree to take immediate measures to survey and bring into market, and sell, the fifty-four sections of land set apart by the seventh article of the treaty aforesaid, and apply the proceeds in the manner provided by the said article. Article 4. It is provided by the ninth section of the treaty aforesaid, Provision for Choctaws who may desire to remain.that all those of the Choctaw Nation who have separate settlements, and fall within the limits of the land ceded by said Nation to the United States, and desire to remain where they now reside, shall be secured in a tract or parcel of land, one mile square, to include their improvements.
It is, therefore, hereby agreed, that all who have reservations in conformity to said stipulation, shall have power, with the consent of the President of the United States, to sell and convey the same in fee simple. It is further agreed, on the part of the United States, that those Choctaws, not exceeding four in number, who applied for reservations, and received the recommendation of the Commissioners, as per annexed copy of said recommendation, shall have the privilege, and the right is hereby given to them, to select, each of them, a portion of land, not exceeding a mile square, any where within the limits of the cession of 1820, when the land is not occupied or disposed of by the United States; and the right to sell and convey the same, with the consent of the President, in fee simple, is hereby granted.
Article 5. There being a debt due by individuals of the Choctaw A certain debt due by Choctaws, relinquished.Nation to the late United States’ trading house on the Tombigby, the United States hereby agree to relinquish the same; the Delegation, on the part of their nation, agreeing to relinquish their claim upon the United States, to send a factor with goods to supply the wants of the Choctaws west of the Mississippi, as provided for by the 6th article of the treaty aforesaid.
Article 6. The Choctaw nation having a claim upon the United Payment for services rendered in the Pensacola campaign.States, for services rendered in the Pensacola Campaign, and for which it is stipulated, in the 11th article of the treaty aforesaid, that payment shall be made, but which has been delayed for want of the proper vouchers, which it has been found, as yet, impossible to obtain; the United States, to obviate the inconvenience of further delay, and to 236render justice to the Choctaw Warriors for their services in that campaign, do hereby agree upon an equitable settlement of the same, and fix the sum at fourteen thousand nine hundred and seventy-two dollars fifty cents; which, from the muster rolls, and other evidence in the possession of the Third Auditor, appears to be about the probable amount due, for the services aforesaid, and which sum shall be immediately paid to the Delegation, to be distributed by them to the Chiefs and Warriors of their nation, who served in the campaign aforesaid, as may appear to them to be just.
Fourth article of the aforesaid treaty to be modified. Article 7. It is further agreed, that the fourth article of the treaty aforesaid, shall be so modified, as that the Congress of the United States shall not exercise the power of apportioning the lands, for the benefit of each family, or individual, of the Choctaw Nation, and of bringing them under the laws of the United States, but with the consent of the Choctaw Nation. Payment to satisfy claims due by U. S. Article 8. It appearing that the Choctaws have various claims against citizens of the United States, for spoliations of various kinds, but which they have not been able to support by the testimony of white men, as they were led to believe was necessary, the United States, in order to a final settlement of all such claims, do hereby agree to pay to the Choctaw Delegation, the sum of two thousand dollars, to be distributed by them in such way, among the claimants, as they may deem equitable.
It being understood that this provision is not to affect such claims as may be properly authenticated, according to the provision of the act of 1802. An agent and blacksmith for Choclaws west of the Mississippi. Article 9. It is further agreed that, immediately upon the Ratification of this Treaty, or as soon thereafter as may be, an agent shall be appointed for the Choctaws West of the Mississippi, and a Blacksmith be settled among them, in conformity with the stipulation contained in the 6th Article of the Treaty of 1820.
Robert Colo to receive a medal. Article 10. The Chief Puck-she-nubbee, one of the members of the Delegation, having died on his journey to see the President, and Robert Cole being recommended by the Delegation as his successor, it is hereby agreed, that the said Robert Cole shall reserve the medal which appertains to the office of Chief, and, also, an annuity from the United States, of one hundred and fifty dollars a year, during his natural life, as was received by his predecessor.
Friendship perpetuated. Article 11. The friendship heretofore existing between the United States and the Choctaw Nation, is hereby renewed and perpetuated. When to take effect. Article 12. These articles shall take effect, and become obligatory on the contracting parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States. In testimony whereof, the said John C. Calhoun, and the said Delegates of the Choctaw nation, have hereunto set their hands, at the City of Washington, the twentieth day of January, one thousand eight hundred and twenty-five.
J. C. CALHOUN. Moosbulatubbee. Robert Cole. Daniel McCurtain. Talking Warrior. Red Fort. Nitluckachee. David Folsom. J. L. McDonald. In presence of Thos. L. McKenney. Hezekiah Miller. John Pitchlynn, United States’ Interpreter. To the Indian names ore subjoined marks. Feb. 12, 1825 Convention 7 Stat. 237 ARTICLES OF A CONVENTION, Feb. 12, 1825.Proclamation, March 7, 1825. Post, p. 286.*Entered into and concluded at the Indian Springs, between Duncan G. Campbell, and James Meriwether, Commissioners on the part of the United States of America, duly authorised, and the Chiefs of the Creek Nation, in Council assembled.* Whereas the said Commissioners, on the part of the United States, Preamble.have represented to the said Creek Nation that it is the policy and earnest wish of the General Government, that the several Indian tribes within the limits of any of the states of the Union should remove to territory to be designated on the west side of the Mississippi river, as well for the better protection and security of said tribes, and their improvement in civilization, as for the purpose of enabling the United States, in this instance, to comply with the compact entered into with the State of Georgia, on the twenty-fourth day of April, in the year one thousand eight hundred and two:
And the said Commissioners having laid the late Message of the President of the United States, upon this subject, before a General Council of said Creek Nation, to the end that their removal might be effected upon terms advantageous to both parties: And whereas the Chiefs of the Creek Towns have assented to the reasonableness of said proposition, and expressed a willingness to emigrate beyond the Mississippi, *those of Tokaubatchee excepted:* These presents therefore witness, that the contracting parties have this day entered into the following Convention:
Art. 1. The Creek nation cede to the United States all the lands Cession by the Creeks.lying within the boundaries of the State of Georgia, as defined by the compact hereinbefore cited, now occupied by said Nation, or to which said Nation have title or claim; and also, all other lands which they now occupy, or to which they have title or claim, lying north and west of a line to be run from the first principal falls upon the Chatauhoochie river, above Cowetau town, to Ocfuskee Old Town, upon the Tallapoosa, thence to the falls of the Coosaw river, at or near a place called the Hickory Ground.
Art. 2. It is further agreed between the contracting parties, that the Further agreement between the contracting parties.United States will give, in exchange for the lands hereby acquired, the like quantity, acre for acre, westward of the Mississippi, on the Arkansas river, commencing at the mouth of the Canadian Fork thereof, and running westward between said rivers Arkansas and Canadian Fork, for quantity. But whereas said Creek Nation have considerable improvements within the limits of the territory hereby ceded, and will moreover have to incur expenses in their removal, it is further stipulated, that, for the purpose of rendering a fair equivalent for the losses and inconveniences which said Nation will sustain by removal, and to enable them to obtain supplies in their new settlement, the United States agree to pay to the Nation emigrating from the lands herein ceded, the sum of four hundred thousand dollars, of which amount there shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty, the sum of two hundred thousand dollars.
And as soon as the said party of the second part shall notify the Government of the United States of their readiness to commence their removal, there shall be paid the further sum of one hundred thousand dollars. 237 238TREATY WITH THE CREEKS. 1825.And the first year after said emigrating party shall have settled in their new country, they shall receive of the amount first above named, the further sum of twenty-five thousand dollars. And the second year, the sum of twenty-five thousand dollars.
And annually, thereafter, the sum of five thousand dollars, until the whole is paid. Annuities to be equally divided. Art. 3. And whereas the Creek Nation are now entitled to annuities of thirty thousand dollars each, in consideration of cessions of territory heretofore made, It is further stipulated that said last mentioned annuities are to be hereafter divided in a just proportion between the party emigrating and those that may remain. Territory offered said Indians to be explored, &c.
Art. 4. It is further stipulated that a deputation from the said parties of the second part, may be sent out to explore the territory herein offered them in exchange; and if the same be not acceptable to them, then they may select any other territory, west of the Mississippi, on Red, Canadian, Arkansas, or Missouri Rivers—the territory occupied by the Cherokees and Choctaws excepted; and if the territory so to be selected shall be in the occupancy of other Indian tribes, then the United States will extinguish the title of such occupants for the benefit of said emigrants.
Payment of the first sum to be made by the commissioners. Art. 5. It is further stipulated, at the particular request of the said parties of the second part, that the payment and disbursement of the first sum herein provided for, shall be made by the present Commissioners negotiating this treaty. Other payments. Art. 6. It is further stipulated, that the payments appointed to be made, the first and second years, after settlement in the West, shall be either in money, merchandise, or provisions, at the option of the emigrating party.
Provision to be made by U. S. Art. 7. The United States agree to provide and support a blacksmith and wheelwright for the said party of the second part, and give them instruction in agriculture, as long, and in such manner, as the President may think proper. Extension of the time of their removal, &c. Art. 8. Whereas the said emigrating party cannot prepare for immediate removal, the United States stipulate, for their protection against the incroachments, hostilities, and impositions, of the whites, and of all others; but the period of removal shall not extend beyond the first day of September, in the year eighteen hundred and twenty-six.
When to take effect. Art. 9. This treaty shall be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the consent of the Senate thereof. In testimony whereof, the Commissioners aforesaid, and the Chiefs and Head Men of the Creek Nation have hereunto set their hands and seals, this twelfth day of February, in the year of our Lord one thousand eight hundred and twenty-five. DUNCAN G. CAMPBELL, JAS. MERIWETHER, *Commissioners on the part of the United States.* WILLIAM McINTOSH, *Head Chief of Cowetaus.* 239 Etommco Tustunnuggee, of Cowetau, Holahtau, or Col.
Blue, Cowetau Tustunnuggee, Artus Mien, or Rolcy McIntosh, Chilly McIntosh, Joseph Marshall, Athlan Hajo, Tuskenahah, Benjamin Marshall, Coccus Hajo, Forshatcpu Mico, Oethlamata Tustunnuggee, Tallasee Hajo, Tuskegee Tustunnuggee, Foshajce Tustunnuggee, Emau Chuccolocana, Aheco Tustunnuggee, Encha Hajo, Hijo Hajo, Thia Tho Hajo, To mico Holueto, Yah Te Ko Hajo, No co see Emautla, Col. Wm. Miller, Thleeatchea, Abcco Tustunnuggee, Hoethlepogu Tustunnuggee, Hepocokco Emautla, Samuel Miller, Tomoc Mico, Charles Miller, Tallnseo Hajo, or John Carr, Otulga Emautla, Ahalaco Yoholo, of Cusctau, Walucco Hajo, of New Yauco, Cohauseo Eniatla, do.
Nineomau Tochcc, do. Konope Emautla, Sand Town, Chawacala Mico, do. Foctalustee Emautla, do. Josiah Gray, from Hilchatee, William Kanard, do. Neha ThiucoHatkee, do. Halathla Fixico, from Big Shoal, Alex. Lasley, from Talledega, Espokoks Hajo, do. Emauthla Hajo, do. Nincomatochee, do. Chuhah Hajo, do. Efie Ematla, do. Atausee Hopoie, do. James Fife. do. Executed on the day as above written, in presence of John Crowell, Agent for Indian Affairs. Wm. F. Hay, Secretary. Wm. Meriwether.
Wm. Hambly, U. S. Inter. Whereas, by a stipulation in the Treaty of the Indian Springs, in July 25, 1825.1821, there was a reserve of land made to include the said Indian Springs for the use of General William M‘Intosh, be it therefore known to all whom it may concern, that we, the undersigned chiefs and head men of the Creek nation, do hereby agree to relinquish all the right, tittle, and control of the Creek nation to the said reserve, unto him the said William M‘Intosh and his heirs, forever, in as full and ample a manner as we are authorized to do.
Big B. W. Warrior, Yoholo Micco, Little Prince, Hopoi Hadjo, Tuskehenahau, Oakcfuska Yohola. July 25, 1825.JOHN CROWELL, Agent for Indian Affairs. Whereas the foregoing articles of convention have been concluded Feb. 14, 1825. Additional article.between the parties thereto: And, whereas, the Indian Chief, General William McIntosh, claims title to the Indian Spring Reservation (upon which there are very extensive buildings and improvements) by virtue of a relinquishment to said McIntosh, signed in full council of the nation:
And, whereas the said General William McIntosh hath claim to another reservation of land on the Ocmulgee river, and by his lessee and tenant, is in possession thereof: Now these presents further witness, that the said General William McIntosh, and also the Chiefs of the Creek Nation, in council assembled, do quit claim, convey, and cede to the United States, the reservations aforesaid, for, and in consideration of, the sum of twenty-five thousand dollars, to be paid at the time and in the manner as stipulated, for the first instalment provided for in the preceding treaty.
Upon the ratification of these articles, the possession of said reservations shall be con-240TREATY WITH THE OSAGES. 1825.sidered as passing to the United States, and the accruing rents of the present year shall pass also. In testimony whereof, the said Commissioners, on the part of the United States, and the said William McIntosh and the Chiefs of the Creek nation, have hereunto set their hands and seals, at the Indian Springs, this fourteenth day of February, in the year of our Lord one thousand eight hundred and twenty-five.
DUNCAN G. CAMPBELL, JAMES MERIWETHER, *U. S. Commissioners.* William McIntosh, Eetommee Tustunnuggee, Tuskegoh Tustunnuggee, Cowetau Tustunnuggee, Col. Wm. Miller, Josiah Gray, Nehathlucco Hatches, Alexander Lasley, William Canard. Witnesses at execution, Wm. P. Hay, Secretary. Wm. Hambly, United States’ Interpreter. To the Indian names are subjoined a mark and seal. June 2, 1825 Treaty 7 Stat. 240 ARTICLES OF A TREATY. June 2, 1825.Proclamation, Dec. 30, 1825.*Made and concluded at St.
Louis, in the State of Missouri, between William Clark, Superintendent of Indian Affairs, Commissioner, on the part of the United States, and the undersigned, Chiefs, Head-Men, and Warriors, of the Great and Little Osage Tribes of Indians, duly authorized and empowered by their respective Tribes or Nations.* In order more effectually to extend to said Tribes that protection of the Government so much desired by them, it is agreed as follows: ARTICLE 1. The Great and Little Osage Tribes or Nations do, hereby, cede and Cession by the Osages.relinquish, to the United States, all their right, title, interest, and claim, to lands lying within the State of Missouri and Territory of Arkansas, and to all lands lying West of the said State of Missouri and Territory of Arkansas, North and West of the Red River, South of the Kansas River, and East of a line to be drawn from the head sources of the Kansas, Southwardly through the Rock Saline, with such reservations, for such considerations, and upon such terms, as are hereinafter specified, expressed, and provided for.
ARTICLE 2. Within the limits of the country, above ceded and relinquished, there Tracts of land reserved for said Indians.shall be reserved, to, and for, the Great and Little Osage Tribes or Nations, aforesaid, so long as they may choose to occupy the same, the following described tract of land: beginning at a point due East of White Hair’s Village, and twenty-five miles West of the Western boundary line of the State of Missouri, fronting on a North and South line, so as to leave ten miles North, and forty miles South, of the point of said beginning, and extending West, with the width of fifty miles, to the Western boundary of the lands hereby ceded and relinquished by 241said Tribes or Nations; which said reservation shall be surveyed and marked, at the expense of the United States, and upon which, the Agent for said Tribes or Nations and all persons attached to said agency, as, also, such teachers and instructors, as the President may think proper to authorise and permit, shall reside, and shall occupy, and cultivate, without interruption or molestation, such lands as may be necessary for them.
And the United States do, hereby, reserve to themselves, forever, Reservation by U. S.the right of navigating, freely, all water courses and navigable streams, within or running through, the tract of country above reserved to said Tribes or Nations. ARTICLE 3. In consideration of the cession and relinquishment, aforesaid, the Annuity to Indians.United States do, hereby, agree to pay to the said tribes or nations, yearly, and every year, for twenty years, from the date of these presents, the sum of seven thousand, dollars, at their Village, or at St.
Louis, as the said tribes or nations may desire, either in money, merchandize, provisions, or domestic animals, at their option. And whenever the said annuity, or any part thereof, shall be paid in merchandize, the same is to be delivered to them at the first cost of the goods at St. Louis, free of transportation. ARTICLE 4. The United States shall, immediately, upon the ratification of this Cattle, farming utensils, &c. to be furnished them.convention, or as soon thereafter as may be, cause to be furnished to the tribes or nations, aforesaid, six hundred head of cattle, six hundred hogs, one thousand domestic fowls, ten yoke of oxen, and six carts, with such farming utensils as the Superintendant of Indian Affairs may think necessary, and shall employ such persons, to aid them in their agricultural pursuits, as to the President of the United States may seem expedient, and shall, also, provide, furnish, and support for them, one blacksmith, that their farming utensils, tools, and arms, may be seasonably repaired; and shall build, for each of the four principal chiefs, at their respective villages, a comfortable and commodious dwelling house.
ARTICLE 5. From the above lands ceded and relinquished, the following reservations, Reservations for half-breeds. Post. p. 677.for the use of the half-breeds, hereafter named, shall be made, to wit: One section, or six hundred and forty acres, for Augustus Clermont, to be located and laid off so as to include Joseph Rivar’s residence, on the East side of the Neosho, a short distance above the Grand Saline, and not nearer than within one mile thereof; one section for each of the following half-breeds;
James, Paul, Henry, Rosalie, Anthony, and Amelia, the daughter of She-me-hunga, and Amelia, the daughter of Mi-hun-ga, to be located two miles below the Grand Saline, and extending down the Neosho, on the East side thereof; and one section for Noel Mongrain, the son of Wa-taw-nagres, and for each of his ten children, Baptiste, Noel, Francis, Joseph, Mongrain, Louis, Victoria, Sophia, Julia, and Juliet: and the like quantity for each of the following named grand-children, of the said Noel Mongrain, to wit:
Charles, Francis, Louisson, and Wash, to commence on the Marias des Cygnes, where the Western boundary line of the State of Missouri crosses it at the fork of Mine river, and to extend up Mine river, for quantity: one section for Mary Williams, and one for Sarah Williams, to be located on the North side of the Marias des Cygnet, at the Double Creek, above Harmony; one section, for Francis T. Chardon; one section, for Francis C. Tayon; one section, for James G. Chouteau; one section, for Alexander Chouteau; one section, for Pelagie Antaya; one section, for Celeste Antaya; one section, for Joseph Antaya; one sec-242tion, for Baptiste St.
Mitchelle, jr.; one section, for Louis St. Mitchelle; one section, for Victoria St. Mitchelle; one section, for Julia St. Mitchelle; one section, for Francis St. Mitchelle; one section, for Joseph Perm; one section, for Susan Larine; one section, for Marguerite Reneau; one section, for Thomas L. Balio; and one section, for Terese, the daughter of Paul Louise; which said several tracts are to be located on the North side of the Marias des Cygnes, extending up the river, above the reservations in favour of Mary and Sarah Williams, in the order in which they are herein above named.
ARTICLE 6. Land to be sold for certain purposes.And also fifty-four other tracts, of a mile square each, to be laid off under the direction of the President of the United States, and sold, for the purpose of raising a fund to be applied to the support of schools, for the education of the Osage children, in such manner as the President may deem most advisable to the attainment of that end. ARTICLE 7. Debts due by said tribes to U. S. trading houses, released.Forasmuch as there is a debt due, from sundry individuals of the Osage tribes or nations, to the United States’ trading houses, of the Missouri and Osage rivers, amounting in the whole, to about the sum of four thousand one hundred and five dollars and eighty cents, which the United States do hereby agree to release; in consideration thereof, the said tribes or nations do, hereby, release and relinquish their claim upon the United States, for regular troops to be stationed, for their protection, in garrison, at Fort Clark, and, also, for furnishing of a blacksmith, at that place, and the delivery of merchandise, at Fire Prairie, as Ante, p. 107.is provided for in the first, third, and fifth, articles of the Treaty, concluded on the tenth day of November, one thousand eight hundred and eight.
ARTICLE 8. Claims of the Delawares against said tribes to be settled by U. S.It appearing that the Delaware nation have various claims against the Osages, which the latter have not had it in their power to adjust, and the United States being desirous to settle, finally and satisfactorily, all demands and differences between the Delawares and Osages, do hereby agree to pay to the Delawares, in full satisfaction of all their claims and demands against the Osages, the sum of one thousand dollars.
ARTICLE 9. Animosities of citizens of Missouri, &c. to be quieted.With a view to quiet the animosities, which at present exist between a portion of the citizens of Missouri and Arkansas and the Osage tribes, in consequence of the lawless depredations of the latter, the United States do, furthermore, agree to pay, to their own citizens, the full value of such property, as they can legally prove to have been stolen or destroyed, by the Osages, since the year eighteen hundred and eight, and for which payment has not been made under former treaties: *Provided,* The sum to be paid by the United States does not exceed the sum of five thousand dollars.
ARTICLE 10. Land reserved, to be disposed of as the President may direct.It is furthermore agreed on, by and between the parties to these presents, that there shall be reserved two sections of land, to include the Harmony Missionary establishment, and their mill, on the Marias des Cygne; and one section, to include the Missionary establishment, above the Lick on the West side of Grand river, to be disposed of as the President of the United States shall direct, for the benefit of said Missions, and to establish them at the principal villages of the Great and Little Osage Nations, within the limits of the country reserved to them 243by this Treaty, and to be kept up at said villages, so long as said Missions shall be usefully employed in teaching, civilizing, and improving, the said Indians.
ARTICLE 11. To preserve and perpetuate the friendship now happily subsisting between Ninth article of treaty of fort Clark to be in full force. Ante, p. 107.the United States and the said tribes or nations, it is hereby agreed, that the provisions contained in the ninth article of the Treaty concluded and signed at fort Clark, on the tenth day of November, one thousand eight hundred and eight, between the United States and the said tribes or nations, shall, in every respect, be considered as in full force and applicable to the provisions of this Treaty, and that the United States shall take and receive, into their friendship and protection, the aforesaid tribes or nations, and shall guaranty to them, forever, the right to navigate, freely, all water-courses, or navigable streams, within the tract of country hereby ceded, upon such terms as the same are or may be navigated by the citizens of the United States.
ARTICLE 12. It is further agreed, that there shall be delivered as soon as may be, Merchandise to be delivered to Indians.after the execution of this treaty, at the Osage villages, merchandize to the amount of four thousand dollars, first cost, in St. Louis, and two thousand dollars in merchandize, before their departure from this place; and horses and equipage, to the value of twenty-six hundred dollars; which, together with the sum of one hundred dollars, to be paid to Paul Loise, and the like sum to Baptiste Mongrain, in money, shall be in addition to the provisions and stipulations hereby above contained, in full satisfaction of the cession, hereinbefore agreed on.
ARTICLE 13. Whereas the Great and Little Osage tribes or nations are indebted to Amount due A. P. Chouteau and others, to be in part paid by the U. S.Augustus P. Chouteau, Paul Balio, and William S. Williams, to a large amount, for credits given to them, which they are unable to pay, and have particularly requested to have paid, or provided for, in the present negotiation; it is, therefore, agreed on, by and between the parties to these presents, that the United States shall pay to Augustus P.
Chouteau, one thousand dollars; to Paul Balio, two hundred and fifty dollars, and to William S. Williams two hundred and fifty dollars, towards the liquidation of their respective debts due from the said tribes or nations. ARTICLE 14. These articles shall take effect, and become obligatory on the contracting Treaty to be obligatory when ratified.parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.
In testimony whereof, the said William Clark, Commissioner, as aforesaid, and the Deputation, Chiefs, Head men, and Warriors, of the Great and Little Osage Nations of Indians, as aforesaid, have hereunto set their hands and seals, this second day of June, in the year of our Lord one thousand eight hundred and twenty-five, and of the Independence of the United States the forty-ninth. WILLIAM CLARK. Clairmont, Pahusca, or White Hair, Chingawasa, or Handsome Bird, Wasabaistanga, or Big Bear, Waharsachais, Cochestawasca, or He that sees far, Vanonpachais, or Ho that is not afraid, Kbigaischinga, or Little Chief, Wataniga, or Fool, Jean Lafond, Wachinsabais, or Black Spirit, Hurachais, The War Eagle, 244TREATY WITH THE KANSAS. 1825.
Huralu, Mauchuhonga, Chongaishonga, Tawangahais, Ponkchinga, Nicohibran, Panimonpachais, Wasissegaisianga, or Big Broom, Chonjaishengais, Wabachcquand, Wastiagais, Ishtassca, Manchehamani, Hangaquechais, Hanhauinani, Walulacest, Niha, Wanansonjais, Vagasidda, Tawangehe, Paigaismanie, or Big Soldier, Tawagahais, or Town Maker, Chongaismonnon, or Dog Thief, Honiajgo, or Gentleman, Hinchaacri, Wakandaippahobi, Saba, Nasa, Manchan, Manchanginda. Little Osages. Nichumani, or Walking Rain Nihuchaisningaiswachinpichaie, Waruhagais, Mangaischis, Mances’tpogran, Nonbaaheri, Howasabais, Nehuchaisningaischinga, Aquidachinga, Sanjaiskanha, Manputnahi, Manhinonba, Khigaiswachmpichais, or Missouri Chief, Ostiehingais, Hasachaia, Hanhanpac’est, Manchaquida, Tiessinjais.
Witnesses present:—R. Wash, Secretary. Edward Coles, Governor of Illinois. A. M‘Nair, Osage Agent. Pr. Chouteau. W. B. Alexander, Sub Indian Agent Theodore Hunt. Cerré. P. L. Chouteau, Sub Agent. L. T. Honorie, Interpreter. F. A. Chardon. Antoine Leclaire, Interpreter. James Coleman. Paul Louise, Interpreter, (Osages.) William Milburn. Noel Dash nay, Interpreter. Manchangachan. Thepogrenquo. To the Indian names are subjoined marks. June 3, 1825 Treaty 7 Stat. 244 ARTICLES OF A TREATY June 3, 1825.Proclamation, Dec. 30, 1825.*Made and concluded at the City of Saint Louis, in the State of Missouri, between William Clark, Superintendant of Indian affairs, Commissioner on the part of the United States of America, and the undersigned Chiefs, Head Men, and Warriors of the Kansas Nation of Indians, duly authorized and empowered by said Nation.* ARTICLE 1.
The Kansas do hereby cede to the United States all the lands lying Cession by the Kansas.within the State of Missouri, to which the said nation have, title or claim; and do further cede and relinquish, to the said United States, all other lands which they now occupy, or to which they have title or claim, lying West of the said State of Missouri, and within the following boundaries: beginning at the entrance of the Kansas river into the Missouri river; from thence North to the North-West corner of the State of Missouri; from thence Westwardly to the Nodewa river, thirty miles from its entrance into the Missouri; from thence to the entrance of the big Nemahaw river into the Missouri, and with that river to its source; from thence to the source of the Kansas river, leaving the old village of the Pania Republic to the West; from thence, on the ridge dividing the waters of the Kansas river from those of the Arkansas, to the Western boundary of the State line of Missouri, and with that line, thirty miles, to the place of beginning. 245 ARTICLE 2.
From the cession aforesaid, the following reservation for the use of Reservation for the use of the Kansas.the Kansas nation of Indians shall be made, of a tract of land, to begin twenty leagues up the Kansas river, and to include their village on that river; extending West thirty miles in width, through the lands ceded in the first Article, to be surveyed and marked under the direction of the President, and to such extent as he may deem necessary, and at the expense of the United States.
The agents for the Kansas, and the persons attached to the agency, and such teachers and instructors as the President shall authorize to reside near the Kansas, shall occupy, during his pleasure, such lands as may be necessary for them within this reservation. ARTICLE 3. In consideration of the cession of land and relinquishments of claims, Payment to them for their cession.made in the first Articles, the United States agree to pay to the Kansas nation of Indians, three thousand five hundred dollars per annum, for twenty successive years, at their villages, or at the entrance of the Kansas river, either in money, merchandize, provisions, or domestic animals, at the option of the aforesaid Nation; and when the said annuities, or any part thereof, is paid in merchandize, it shall be delivered to them at the first cost of the goods in Saint Louis, free of transportation.
ARTICLE 4. The United States, immediately upon the ratification of this convention, Cattle, hogs, &c. to be furnished by U.S.or as soon thereafter as may be, shall cause to be furnished to the Kansas Nation, three hundred head of cattle, three hundred hogs, five hundred domestic fowls, three yoke of oxen, and two carts, with such implements of agriculture as the Superintendant of Indian Affairs may think necessary; and shall employ such persons to aid and instruct them in their agriculture, as the President of the United States may deem expedient; and shall provide and support a blacksmith for them.
ARTICLE 5. Out of the lands herein ceded by the Kanzas Nation to the United Land to be sold for support of schools.States, the Commissioner aforesaid, in behalf of the said United States, doth further covenant and agree, that thirty-six sections of good lands, on the Big Blue river, shall be laid out under the direction of the President of the United States, and sold for the purpose of raising a fund, to be applied, under the direction of the President, to the support of schools for the education of the Kanzas children, within their Nation.
ARTICLE 6. From the lands above ceded to the United States, there shall be made Reservations for the use of half-breeds.the following reservations, of one mile square, for each of the half breeds of the Kanzas nation, viz: For Adel and Clement, the two children of Clement; for Josette, Julie, Pelagie, and Victoire, the four children of Louis Gonvil; for Marie and Lafleche, the two children of Baptiste of Gonvil; for Laventure, the son of Francis Laventure; for Elizabeth and Pierre Carbonau, the children of Pierre Brisa; for Louis Joncas; for Basil Joncas; for James Joncas; for Elizabeth Datcherute, daughter of Baptiste Datcherute; for Joseph Butler; for William Rodgers; for Joseph Coté; for the four children of Cicili Compare, each one mile square; and one for Joseph James, to be located on the North side of the Kanzas river, in the order above named, commencing at the line of the Kanzas reservation, and extending down the Kanzas river for quantity. 246 ARTICLE 7.
Agreement entered imo by the U. S. for certain purposes.With the view of quieting all animosities which may at present exist between a part of the white citizens of Missouri and the Kanzas nation, in consequence of the lawless depredations of the latter, the United States do further agree to pay to their own citizens, the full value of such property as they can legally prove to have been stolen or destroyed Proviso.since the year 1815: *Provided,* The sum so to be paid by the United States shall not exceed the sum of three thousand dollars.
ARTICLE 8. Payment to F. G. Choteau.And whereas the Kanzas are indebted to Francis G. Choteau, for credits given them in trade, which they are unable to pay, and which they have particularly requested to have included and settled in the present Treaty; it is, therefore, agreed on, by and between the parties to these presents, that the sum of five hundred dollars, towards the liquidation of said debt, shall be paid by the United States to the said Fran cois G. Choteau. ARTICLE 9.
Merchandise to amount of $2000 to be delivered at the Kanzas river.There shall be selected at this place such merchandize as may be desired, amounting to two thousand dollars, to be delivered at the Kanzas river, with as little delay as possible; and there shall be paid to the deputation now here, two thousand dollars in merchandize and horses, the receipt of which is hereby acknowledged; which, together with the amount agreed on in the 3d and 4th articles, and the provisions made in the other articles of this Treaty, shall be considered as a full compensation for the cession herein made.
ARTICLE 10. Punishment of offences.Lest the friendship which is now established between the United States and the said Indian Nation should 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 other by the said nation, to the Superintendent, or other person appointed by the President to the Chiefs of said nation.
And it shall be the duty of the said Chiefs, upon complaints 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 State or Territory where the offence may have been committed; and in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said nation, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner Chiefs to exert themselves to recover stolen properly, &c.as if the injury had been done to a white man.
And it is agreed, that the Chiefs of the Kanzas shall, to the utmost of their power, exert them selves to recover horses or other property which may be stolen from any citizen or citizens of the United States, by any individual or individuals of the Nation; and the property so recovered shall be forthwith delivered to the Superintendent, or other person authorized to receive it, that it may be restored to its proper owner; and in cases where the exertions of the Chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be adduced that such property was actually stolen, by any Indian or Indians belonging to the said nation, the Superintendent or other officer may deduct from the annuity of the said nation a sum equal to the value of the property which has been stolen.
And the United States hereby guarantee, to any Indian or Indians, a full indemnification for any horses or other property which may Proviso.be stolen from them by any of their citizens: *Provided,* That the pro-TREATY WITH THE PONCARS. 1825.247perty 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 Nation of Kanzas engage, on the requisition or demand of the President of the United States, or of the Superintendent, to deliver up any white man resident amongst them.
ARTICLE 11. It is further agreed on, by and between the parties to these presents, U. S. to enjoy the right of navigating the water courses, &c.that the United States shall forever enjoy the right to navigate freely all water courses or navigable streams within the limits of the tract of country herein reserved to the Kanzas Nation; and that the said Kanzas Nation shall never sell, relinquish, or in any manner dispose of the lands herein reserved, to any other nation, person or persons whatever, without the permission of the United States for that purpose first had and obtained.
And shall ever remain under the protection of the United States, and in friendship with them. ARTICLE 12. This Treaty shall take effect, and be obligatory on the contracting Treaty binding when ratified.parties, as soon as the same shall be ratified by the President, by and with the consent and advice of the Senate of the United States. In testimony whereof, the said William Clark, Commissioner as aforesaid, and the Deputation, Chiefs, Head-men and Warriors of the Kanzas Nation of Indians, as aforesaid, have hereunto set their hands and seals, this third day of June, in the year of our Lord eighteen hundred and twenty-five, and of the Independence of the United States of America the forty-ninth year.
WILLIAM CLARK. Nom-pa-wa-rah, or the white plume. Ky-he-ga-wa-ti-nin-ka, or the full chief. Ky-he-ga-wa-che-he, or the chief of great valour. O-pa-she-ga, or the cooper. Ky-he-ga-shin-ga, or the little chief. Ke-bah-ra-hu. Me-chu-chin-ga, or the little white bear. Hu-ru-ah-te, or the Real Eagle. Ca-she-se-gra, or the track that sees far. Wa-can-da-ga-tun-ga, or the great doctor. Cha-ho-nush. Ma-he-ton-ga, or the American. Witnesses present:—R. Wash, Secretary. W. B. Alexander, Sub-Tndian Agent.
John F. A. Sandford. G. C. Sibley, United States’ Commissioner. Baronet Vasquez, United States’ S. Agent. Russel Farnham. Jno. K. Walker. Jno. Simonds, jr. Sanderson Robert. L. T. Honore, U. S. Intptr. William Milburn. Baptis Ducherut, Interpreter for Kansas. Paul Louise, Osago Interpreter. Noel Dashnay, Interpreter. Ant. Le Claire, Interpreter. To the Indian names arc subjoined marks. June 9, 1825 Treaty
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